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PROJECT MANUAL WW-FUCM
FOR
THE CONSTRUCTION OF
HMAC SURFACE OVERLAY (2012-6)
(At Various Locations)
City Project No. 01876
Betsy Price
Mayor
Tom Higgins
City Manager
Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
Prepared by
The City of Fort Worth
Transportation and Public Works
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
2012
C6-11-12 P03:22 IN
M&C Review Page 1 of 2
Official site of the City of Fort Worth, Texas
FORTCITY COUNCIL AGENDA —"11 NTH
COUNCIL ACTION: Approved on 5/15/2012
DATE: 5/15/2012 REFERENCE NO.: ""C-25612 LOG NAME: 20HMAC SURFACE
OVERLAY 2012-6
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
Y
SUBJECT: Authorize Execution of a Contract with JLB Contracting, LLC, in the Amount of
$539,506.86 for Hot Mix Asphaltic Concrete Surface Overlay at Various Locations
(COUNCIL DISTRICTS 2, 4, 7, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a contract with JLB Contracting,
LLC, in the amount of $539,506.86 for 90 calendar days for Hot Mix Asphaltic Concrete Surface
Overlay 2012-6 at various locations that are listed on the attachments provided.
DISCUSSION:
This project is a part of the Contract Major Maintenance Program which provides for the rehabilitation
of deteriorated asphalt streets. Various pavement repair techniques are utilized depending upon the
level of pavement deterioration. This Contract will provide for asphalt overlay of 11 street
segments. Funding for this contract is included in the Contract Street Maintenance Fund.
The project was advertised for bid in the Fort Worth Star -Telegram on February 23, 2012 and March
1, 2012. On March 22, 2012, the following bids were received:
Bidder Amount
JLB Contracting, LLC $539,506.86
Advance Paving $589,149.10
Peachtree Construction, $634,723.40
Ltd
The City reserves the right to increase or decrease quantities of individual pay items within the
contract provided that the total contract amount remains within plus or minus 25 percent of the
contract award.
JLB Contracting, LLC, is in compliance with the City's M/WBE Ordinance by committing to 22 percent
M/WBE participation. The City's goal on this project is 20 percent.
These projects are located in COUNCIL DISTRICTS 2, 4, 7, 8 and 9.
MW
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current capital
budget, as appropriated, of the Contract Street Maintenance Fund.
TO Fund/Account/Centers
FROM Fund/Account/Centers
C293 541200 202620187683 $539.506.86
-• http://apps.cfwnet.org/council_packet/mc review.asp?ID=16803&councildate=5/15/2012 5/18/201.2
M&C Review Page 2 of 2
Submitted for Citv Manaaer's Office bv: Fernando Costa (6122)
Oriainatina Deaartment Head: Douglas W. Wiersig (7801)
Additional Information Contact: Kristian Sugrim (8902)
ATTACHMENTS
20HMAC
2012-6
MAP
PAGE
1.pdf
20HMAC
2012-6
MAP
PAGE
2.Ddf
20HMAC
2012-6
MAP
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3.pdf
20HMAC
2012-6
MAP
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4.pdf
me
http://apps.cfwnct.org/council_packet/mc review.asp?ID=16803&councildate=5/l5/2012 5/18/2012
_
FoRTWORTH
PROJECT MANUAL
FOR
THE CONSTRUCTION OF
HMAC SURFACE OVERLAY (2012-6)
(At Various Locations)
City Project No. 01876
Betsy Price
Mayor
Tom Higgins
City Manager
Douglas W. Wiersig, P.E.
Director, Transportation and Public Works Department
Prepared by
The City of Fort Worth
Transportation and Public Works
2012
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TABLE OF CONTENTS
Page 1 of 2
SECTION 00 00 00
TABLE OF CONTENTS
Division 00 - General Conditions
0005 10
Mayor and Council Communication
0005 15
Addenda
00 11 13
Invitation to Bidders
0021 13
Instructions to Bidders
0035 13
Conflict of Interest Affidavit
0041 00
Bid Form
00 42 43
Proposal Form Unit Price
0043 13
Bid Bond
00 43 37
Vendor Compliance to State Law Nonresident Bidder
0045 11
Bidders Prequalifications
0045 12
Prequalification Statement
0045 13
Bidder Prequalification Application
00 45 26
Contractor Compliance with Workers' Compensation Law
0045 39
Minority and Women Business Enterprise Goal
00 52 43
Agreement
0061 13
Performance Bond
0061 14
Payment Bond
0061 19
Maintenance Bond
00 61 25
Certificate of Insurance
00 72 00
General Conditions
00 73 00
Supplementary Conditions
Division 01- General Requirements
01 11 00
Summary of Work
01 31 19
Preconstruction Meeting
01 31 20
Project Meetings
01 32 16
Construction Progress Schedule
01 3233
Preconstruction Video
01 4523
Testing and Inspection Services
01 5000
Temporary Facilities and Controls
01 5526
Street Use Permit and Modifications to Traffic Control
01 58 13
Temporary Project Signage
01 6000
Product Requirements
01 6600
Product Storage and Handling Requirements
01 7000
Mobilization and Remobilization
01 71 23
Construction Staking
01 7423
Cleaning
01 77 19
Closeout Requirements
01 78 23
Operation and Maintenance Data
01 7839
Project Record Documents
Technical Specifications listed below are included for this Project by reference and can be
viewed/downloaded from the City's Buzzsaw site at:
htDs://i)roiecti)oint.buzzsaw.com/client/fortworthaov/Resources/02%20-
%20Constr-uction%2ODocuments/Specifcations
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 9, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
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TABLE OF CONTENTS
Page 2 of 2
Division 02 - Existing Conditions
0241 14 Utility Removal/Abandonment
0241 15 Paving Removal
Division 03 - Concrete
0334 13 Controlled Low Strength Material (CLSM)
0334 16 Concrete Base Material for Trench Repair
03 8000 Modifications to Existing Concrete Structures
Division 31 - Earthwork
31 1000
Site Clearing
3123 16
Unclassified Excavation
31 2323
Borrow
31 24 00
Embankments
31 25 00
Erosion and Sediment Control
Division 32 - Exterior Improvements
3201 17
Permanent Asphalt Paving Repair
32 1123
Flexible Base Courses
32 11 29
Lime Treated Base Courses
32 11 33
Cement Treated Base Courses
32 12 16
Asphalt Paving
32 1273
Asphalt Paving Crack Sealants
32 1320
Concrete Sidewalks, Driveways and Barrier Free Ramps
32 16 13
Concrete Curb and Gutters and Valley Gutters
32 1723
Pavement Markings
3291 19
Topsoil Placement and Finishing of Parkways
3292 13
Hydro -Mulching, Seeding, and Sodding
Division 33 - Utilities
33 05 13
Frame, Cover and Grade Rings
33 05 14
Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade
33 05 17
Concrete Collars
33 05 26
Utility Markers/Locators
33 49 20
Curb and Drop Inlets
Division 34 - Transportation
3471 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
GC-6.09 Permits and Utilities
46 END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 9, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
0005 10 - 1
MAYOR AND COUNCIL COMMUNICATION (M&C)
Page 1 of I
1 SECTION 00 05 10
2 MAYOR AND COUNCIL COMMUNICATION (M&C)
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6 [Assembler: For Contract Document execution, remove this page and replace with the approved
7 M&Cfor the award of the project. M&C insert shall be on blue paper.]
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24 END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
0005 1 s - I
ADDENDA
Page 1 of I
1 SECTION 00 05 15
2 ADDENDA
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6 [Assembler: For Contract Document execution, remove this page and replace with any addenda
7 issued during bidding.]
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24 END OF SECTION
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
i
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00 11 13-1
INVITATION TO BIDDERS
Page I of
1 SECTION 00 11 13
2 INVITATION TO BIDDERS
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4 RECEIPT OF BIDS
5 Sealed bids for the construction of HMAC SURFACE OVERLAY (2012-6), 01876 will be
6 received by the City of Fort Worth Purchasing Office:
7
8 City of Fort Worth
9 Purchasing Division
10 1000 Throckmorton Street
11 Fort Worth, Texas 76102
12 until { 1:30 P.M. CST, Thursday, March 22, 2012, and bids will be opened publicly and read
13 aloud at 2:00 PM CST in the Council Chambers.
14
15 GENERAL DESCRIPTION OF WORK
16 The major work will consist of the (approximate) following:
17
11,102 S.Y. 2' Surface Milling
6,128 S.Y. 8" Pavement Pulverization
29,180 S.Y. 2" HMAC Surface Course, Type D
4,720 S.Y. Wedge Milling
3,180 L.F. Remove and Replace Curb & Gutters
4,080 S.F. Remove and Replace 6" Concrete Driveway
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19 PREQUALIFICATION
20 The improvements included in this project must be performed by a contractor who is pre-
21 qualified by the City at the time of bid opening. The procedures for qualification and pre-
22 qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS.
23
24 DOCUMENT EXAMINATION AND PROCUREMENTS
25 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City
26 of Fort Worth's Purchasing Division website at httD://www.fortworthiZov.orP/DurchasinLy/ and
27 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The
28 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or
29 suppliers.
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31 Copies of the Bidding and Contract Documents may be purchased from Pamela Forehand, 817-
32 392-7913, City of Fort Worth, Transportation and Public Works, 1000 Throckmorton St., Fort
33 Worth, TX 76102
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35 The cost of Bidding and Contract Documents is: $30.00
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38 PREBID CONFERENCE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
MR
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INVITATION TO BIDDERS
Page 2 of 2
1 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO
2 BIDDERS at the following location, date, and time:
3 DATE: Tuesday, March 13, 2012
4 TIME: 9:00 A.M.
5 PLACE: Transportation and Public Works, 1000 Throckmorton St., Room #: 270
6 Fort Worth, Texas 76102
7 LOCATION: Municipal Building, 2"d Floor
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10 CITY'S RIGHT TO ACCEPT OR REJECT BIDS
1 1 City reserves the right to waive irregularities and to accept or reject bids.
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13 INQUIRIES
14 All inquiries relative to this procurement should be addressed to the following:
15 Attn: Kristian Sugrim, City of Fort Worth
16 Email: Kristian.Sugrim@fortworthtexas.gov
17 Phone: 817-392-8902
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19 ADVERTISEMENT DATES
20 February 23, 2012
21 March 1, 2012
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23 END OF SECTION
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1. 201l
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SECTION 00 21 13
INSTRUCTIONS TO BIDDERS
1. Defined Terms
002113-1
INSTRUCTIONS TO BIDDERS
Page 1 of 9
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 performing the work contemplated under the Contract Documents whose
principal place of business is not in the State of Texas.
1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City
(on the basis of City's evaluation as hereinafter provided) makes an award.
2. Copies of Bidding Documents
2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations
resulting from the Bidders use of incomplete sets of Bidding Documents.
2.2. City and Engineer in making copies of Bidding Documents available do so only for the
purpose of obtaining Bids for the Work and do not authorize or confer a license or grant
for any other use.
3. Prequalification of Bidders (Prime Contractors and Subcontractors)
3.1. All Bidders and their subcontractors are required to be prequalified for the work types
requiring prequalification at the time of bidding. Bids received from contractors who are
not prequalified (even if inadvertently opened) shall not be considered.
3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within
seven (7) calendar days prior to Bid opening, the documentation identified in Section 00
45 11, BIDDERS PREQUALIFICATIONS.
3.2.1. Submission of and/or questions related to prequalification should be addressed to
the City contact as provided in Paragraph 6.1.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
., 002113-2
INSTRUCTIONS TO BIDDERS
Page 2 of 9
1 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low
2 bidder(s) for a project to submit such additional information as the City, in its sole
3 discretion may require, including but not limited to manpower and equipment records,
4 information about key personnel to be assigned to the project, and construction schedule,
5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to
6 deliver a quality product and successfully complete projects for the amount bid within
7 the stipulated time frame. Based upon the City's assessment of the submitted
8 information, a recommendation regarding the award of a contract will be made to the
9 City Council. Failure to submit the additional information, if requested, may be grounds
10 for rejecting the apparent low bidder as non -responsive. Affected contractors will be
1 1 notified in writing of a recommendation to the City Council.
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13 3.4. In addition to prequalification, additional requirements for qualification may be required
14 within various sections of the Contract Documents.
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16 4. Examination of Bidding and Contract Documents, Other Related Data, and Site
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18 4.1. Before submitting a Bid, each Bidder shall:
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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 4.2. 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 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and
27 site conditions that may affect cost, progress, performance or furnishing of the
28 Work.
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30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost,
31 progress, performance or furnishing of the Work.
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33 4.1.4.Study all: (i) reports of explorations and tests of subsurface conditions at or
34 contiguous to the Site and all drawings of physical conditions relating to existing
35 surface or subsurface structures at the Site (except Underground Facilities) that
36 have been identified in the Contract Documents as containing reliable "technical
37 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any,
38 at the Site that have been identified in the Contract Documents as containing
39 reliable "technical data."
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41 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of
42 the information which the City will furnish. All additional information and data
43 which the City will supply after promulgation of the formal Contract Documents
44 shall be issued in the form of written addenda and shall become part of the Contract
45 Documents just as though such addenda were actually written into the original
46 Contract Documents. No information given by the City other than that contained in
47 the Contract Documents and officially promulgated addenda thereto, shall be
48 binding upon the City.
49
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
002113-3
INSTRUCTIONS TO BIDDERS
Page 3 of 9
m 1 4.1.6. Perform independent research, investigations, tests, borings, and such other means
2 as may be necessary to gain a complete knowledge of the conditions which will be
3 encountered during the construction of the project. On request, City may provide
4 each Bidder access to the site to conduct such examinations, investigations,
5 explorations, tests and studies as each Bidder deems necessary for submission of a
6 Bid. Bidder must fill all holes and clean up and restore the site to its former
7 conditions upon completion of such explorations, investigations, tests and studies.
8
9 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the
` 10 cost of doing the Work, time required for its completion, and obtain all information
11 required to make a proposal. Bidders shall rely exclusively and solely upon their
12 own estimates, investigation, research, tests, explorations, and other data which are
13 necessary for full and complete information upon which the proposal is to be based.
14 It is understood that the submission of a proposal is prima -facie evidence that the
15 Bidder has made the investigation, examinations and tests herein required. Claims
.,, 16 for additional compensation due to variations between conditions actually
17 encountered in construction and as indicated in the Contract Documents will not be
18 allowed.
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20 4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or
21 between the Contract Documents and such other related documents. The Contractor
22 shall not take advantage of any gross error or omission in the Contract Documents,
23 and the City shall be permitted to make such corrections or interpretations as may
24 be deemed necessary for fulfillment of the intent of the Contract Documents.
25
26 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of:
27
28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to
29 the site which have been utilized by City in preparation of the Contract Documents.
30 The logs of Soil Borings, if any, on the plans are for general information only.
31 Neither the City nor the Engineer guarantees that the data shown is representative
n 32 of conditions which actually exist.
33
34 4.2.2. those drawings of physical conditions in or relating to existing surface and
35 subsurface structures (except Underground Facilities) which are at or contiguous to
36 the site that have been utilized by City in preparation of the Contract Documents.
37
38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder
39 on request. Those reports and drawings may not be part of the Contract
40 Documents, but the "technical data" contained therein upon which Bidder is entitled
41 to rely as provided in Paragraph 4.02. of the General Conditions has been identified
42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is
43 responsible for any interpretation or conclusion drawn from any "technical data" or
44 any other data, interpretations, opinions or information.
45
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
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0021 13 - 4
INSTRUCTIONS TO BIDDERS
Page 4 of 9
4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i)
that Bidder has complied with every requirement of this Paragraph 4, (ii) that without
exception the Bid is premised upon performing and furnishing the Work required by the
Contract Documents and applying the specific means, methods, techniques, sequences or
procedures of construction (if any) that may be shown or indicated or expressly required
by the Contract Documents, (iii) that Bidder has given City written notice of all
conflicts, errors, ambiguities and discrepancies in the Contract Documents and the
written resolutions thereof by City are acceptable to Bidder, and when said conflicts,
etc., have not been resolved through the interpretations by City as described in
Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate
and convey understanding of all terms and conditions for performing and furnishing the
Work.
4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated
biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by
Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract
Documents.
5. Availability of Lands for Work, Etc.
5.1. The lands upon which the Work is to be performed, rights -of -way and easements for
access thereto and other lands designated for use by Contractor in performing the Work
are identified in the Contract Documents. All additional lands and access thereto
required for temporary construction facilities, construction equipment or storage of
materials and equipment to be incorporated in the Work are to be obtained and paid for
by Contractor. Easements for permanent structures or permanent changes in existing
facilities are to be obtained and paid for by City unless otherwise provided in the
Contract Documents.
5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed
in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right-
of-way, easements, and/or permits are not obtained, the City reserves the right to cancel
the award of contract at any time before the Bidder begins any construction work on the
project.
5.3. The Bidder shall be prepared to commence construction without all executed right-of-
way, easements, and/or permits, and shall submit a schedule to the City of how
construction will proceed in the other areas of the project that do not require permits
and/or easements.
6. Interpretations and Addenda
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
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002113-5
INSTRUCTIONS TO BIDDERS
Page 5 of 9
6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to
City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions
received after this day may not be responded to. Interpretations or clarifications
considered necessary by City in response to such questions will be issued by Addenda
delivered to all parties recorded by City as having received the Bidding Documents.
Only questions answered by formal written Addenda will be binding. Oral and other
interpretations or clarifications will be without legal effect.
Address questions to:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
Attn: Kristian Sugrim, Transportation and Public Works
Fax: 817-392-8092
Email: Kristian.Sugrim@fortworthtexas.gov
Phone:817-392-8902
6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by
City.
Addenda or clarifications may be posted via Buzzsaw at:
<https://projectpoint.buzzsaw.com/client/fortworthgov/Infrastructurew2O
Projects/01876%20-%20HMACW20Surface%200verlay%20%282012-6%29>
6.3. A prebid conference may be held at the time and place indicated in the Advertisement or
INVITATION TO BIDDERS. Representatives of City will be present to discuss the
Project. Bidders are encouraged to attend and participate in the conference. City will
transmit to all prospective Bidders of record such Addenda as City considers necessary
in response to questions arising at the conference. Oral statements may not be relied
upon and will not be binding or legally effective.
7. Bid Security
7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five
(5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting
the requirements of Paragraphs 5.01 of the General Conditions.
7.2. The Bid,Bond of all Bidders will be retained until the conditions of the Notice of Award
have been satisfied. If the Successful Bidder fails to execute and deliver the complete
Agreement within 10 days after the Notice of Award, City may consider Bidder to be in
default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited.
Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all
other Bidders whom City believes to have a reasonable chance of receiving the award
will be retained by City until final contract execution.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
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0021 13 - 6
INSTRUCTIONS TO BIDDERS
Page 6 of 9
8. Contract Times
The number of days within which, or the dates by which, Milestones are to be achieved in
accordance with the General Requirements and the Work is to be completed and ready for
Final Acceptance is set forth in the Agreement or incorporated therein by reference to the
attached Bid Form.
9. Liquidated Damages
Provisions for liquidated damages are set forth in the Agreement.
10. Substitute and "Or -Equal" Items
The Contract, if awarded, will be on the basis of materials and equipment described in the
Bidding Documents without consideration of possible substitute or "or -equal" items.
Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or -
equal" item of material or equipment may be furnished or used by Contractor if acceptable to
City, application for such acceptance will not be considered by City until after the Effective
Date of the Agreement. The procedure for submission of any such application by Contractor
and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General
Conditions and is supplemented in Section 0125 00 of the General Requirements.
11. Subcontractors, Suppliers and Others
11.1. In accordance with City Ordinance No. 15530 (as amended), the City has goals for
the participation of minority business and women business enterprises in City
contracts. A copy of the Ordinance can be obtained from the Office of the City
Secretary. The Bidder shall submit the MBE/WBE Utilization Form,
Subcontractor/Supplier Utilization Form, Prime Contractor Waiver Form and/or
Good Faith Effort Form (with "documentation) and/or Joint Venture Form as
appropriate. The Forms including documentation must be received by the City no
later than 5:00 P.M. CST, five (5) City business days after the bid opening date. The
Bidder shall obtain a receipt from the City as evidence the documentation was
received. Failure to comply shall render the bid as non -responsive.
11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person
or organization against whom Contractor has reasonable objection.
12. Bid Form
12.1. The Bid Form is included with the Bidding Documents; additional copies may be
obtained from the City.
12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form
signed in ink. Erasures or alterations shall be initialed in ink by the person signing
the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit
price item listed therein. In the case of optional alternatives, the words "No Bid,"
"No Change," or "Not Applicable" may be.entered. Bidder shall state the prices,
written in ink in both words and numerals, for which the Bidder proposes to do the
work contemplated or furnish materials required. All prices shall be written legibly.
In case of discrepancy between price in written words and the price in written
numerals, the price in written words shall govern.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
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0021 13-7
INSTRUCTIONS TO BIDDERS
Page 7 of 9
12.3. Bids by corporations shall be executed in the corporate name by the president or a
vice-president or other corporate officer accompanied by evidence of authority to
sign. The corporate seal shall be affixed. The corporate address and state of
incorporation shall be shown below the signature.
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. Bids by individuals shall show the Bidder's name and official address.
12.7. Bids by joint ventures shall be executed by each joint venturer in the manner
indicated on the Bid Form. The official address of the joint venture shall be shown.
12.8. All names shall be typed or printed in ink below the signature.
12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of
which shall be filled in on the Bid Form.
12.10. Postal and e-mail addresses and telephone number for communications regarding the
Bid 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 returned unopened.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
1
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0021 13 - 8
INSTRUCTIONS TO BIDDERS
Page 8 of 9
14.2. Bidders may modify their Bid by electronic communication at any time prior to the
time set for the closing of Bid receipt.
15. Opening of Bids
Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An
abstract of the amounts of the base Bids and major alternates (if any) will be made available
to Bidders after the opening of Bids.
16. Bids to Remain Subject to Acceptance
All Bids will remain subject to acceptance for the time period specified for Notice of Award
and execution and delivery of a complete Agreement by Successful Bidder. City may, at
City's sole discretion, release any Bid and nullify the Bid security prior to that date.
17. Evaluation of Bids and Award of Contract
17.1. City reserves the right to reject any or all Bids, including without limitation the rights
to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids
and to reject the Bid of any Bidder if City believes that it would not be in the best
interest of the Project to make an award to that Bidder, whether because the Bid is
not responsive or the Bidder is unqualified or of doubtful financial ability or fails to
meet any other pertinent standard or criteria established by City. City also reserves
the right to waive informalities not involving price, contract time or changes in the
Work with the Successful Bidder. Discrepancies between the multiplication of units
of Work and unit prices will be resolved in favor of the unit prices. Discrepancies
between the indicated sum of any column of figures and the correct sum thereof will
be resolved in favor of the correct sum. Discrepancies between words and figures
will be resolved in favor of the words.
17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists
among the Bidders, Bidder is an interested party to any 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.
17.3. City may conduct such investigations as City deems necessary to assist in the
evaluation of any Bid and to establish the responsibility, qualifications, and financial
ability of Bidders, proposed Subcontractors, Suppliers and other persons and
organizations to perform and furnish the Work in accordance with the Contract
Documents to City's satisfaction within the prescribed time.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
c�
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0021 13 - 9
INSTRUCTIONS TO BIDDERS
Page 9 of 9
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 not awarded until formal City Council authorization. If the Contract is
to be awarded, City will award the Contract within 90 days after the day of the Bid
opening unless extended in writing. No other act of City or others will constitute
acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by
the City.
17.8. Failure or refusal to comply with the requirements may result in rejection of Bid.
18. Signing of Agreement
When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the
required number of unsigned counterparts of the Agreement. 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 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
TO: The City Manager
c/o: The Purchasing Department
1000 Throckmorton Street
City of Fort Worth, Texas 76102
FOR
City Project No.: 1876
Units/Sections: Pavement Improvements
1. Enter Into Agreement
SECTION 00 4100
BID FORM
HMAC SURFACE OVERLAY (2012-6)
At Various Locations
00 41 00
BID FORM
Page 1 of 3
rt
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the
Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within
the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
2. BIDDER Acknowledgements and Certification
2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and
INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond.
2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid
insurance certificate meeting all requirements within 14 days of notification of award.
2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or
entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization,
or corporation.
2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding.
2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the
purposes of this Paragraph: _
a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to
influence the action of a public official in the bidding process.
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding
process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to
deprive City of the benefits of free and open competition.
c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the
knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels.
d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property
to influence their participation in the bidding process or affect the execution of the Contract.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 3700 4512_00 3513_Bid Proposal Workbook.xls
TO: The City Manager
do: The Purchasing Department
1000 Throckmorton Street
City of Fort Worth, Texas 76102
FOR:
City Project No.: 1876
Units/Sections: Pavement Improvements
1. Enter Into Agreement
SECTION 00 41 00
BID FORM
HMAC SURFACE OVERLAY (2012-6)
At Various Locations
00 41 00
BID FORM
Page 1 of 3
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the
Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within
the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.
2. BIDDER Acknowledgements and Certification
2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and
INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond.
�. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid
insurance certificate meeting all requirements within 14 days of notification of award.
2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or
entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization,
or corporation.
2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid.
2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding.
2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the
purposes of this Paragraph:
a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to
influence the action of a public official in the bidding process.
b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding
process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to
deprive City of the benefits of free and open competition.
c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the
knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels.
d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property
to influence their participation in the bidding process or affect the execution of the Contract.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110627 HMAC 2012-6 CityProposal Add 1 C
3. Prequalification
The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors:
a. HMAC Surface Overlay
b. Surface and Wedge Milling
c. Pavement Pulverization and Stabilization
d. Remocal/Replacement of CurbBGutter, Driveways, Handicap Ramps, Sidewalks, and etc.
4. Time of Completion
00 41 00
BID FORM
Page 2 of 3
4.1. The Work will be complete for Final Acceptance within 90 Calendar days after the date when
the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions.
4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work
{and/or achievement of Milestones} within the times specified in the Agreement.
5. Attached to this Bid
The following documents are attached to and made a part of this Bid:
a. This Bid Form, Section 00 41 00
b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of
the General Conditions.
c. Proposal Form, Section 00 42 43
d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37
e. MWBE Forms (optional at time of bid)
f. Prequalification Statement, Section 00 45 12
g. Conflict of Interest Affidavit, Section 00 35 13
h. Any additional documents that may be required by Section 12 of the Instructions to Bidders
6. Total Bid Amount
6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space
provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the
bid opening.
6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to
verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities
shown in this proposal and then totaling all of the extended amounts.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Forth Revised 20110627 HMAC 2012-6 CityProposal Add 1 C
0041 00
BID FORM
Page 3 of 3
6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete>
Total Base Bid <use this if applicable, otherwise delete> $0.00
Alternate Bid <use this if applicable, otherwise delete> $0.00
Deductive Alternate<use this if applicable, otherwise delete> $0.00
Additive Alternate <use this if applicable, otherwise delete> $0.00
Total Bid $539,506.86
7. Bid Submittal
This Bid is submitted on Thursday, March 22, 2012 by the entity named below.
Respectfully submitted, (Receipt is acknowledged of
the followingAddenda: Initial
By: lAddendum No. 1: C,z
(Signature) jAddendum No. 2:
jAddendum No. 3:
James G HumDhrev lAddendum No. 4:
(Printed Name)
Title: CEO
Company: JLB Contracting, LLC Corporate Seal:
Address: PO Box 24131
Fort Worth, Texas 76124
State of Incorporation: Texas
Email:
Phone: 817-261-2991
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Forth Revised 20110627 HMAC 20126 CiryProposal Add 1 C
ON
I"
OR
no
ps
0
■
01
4
00 42 43
BIDPROPOSAL
Page I of
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID
Bidder's Application
Project Item Information
Bidder's Proposal
Bidlist Item Description
Specification
Unit of
Bid Quantity
Unit Price
Bid Value
No.
Section No.
Measure
0135.0201 Remobilization
01 70 00
LS
2
$500.00
$1,000.00
9999.o000 Remove / Replace / Install ADA Ramps
SF --
700
$9.10
$6,370.00
J99--9-960-60 We - w[W-A-Rimps .... ......
EA
... 101
P.1900.00
$10,000.00
9999.0000, 2" Wedge Milling (7to (Y'depth, 5'Width)
LF
7860
$1.60,__
$12,576.00
2341. 15062" Surface Milling
0241 15
SY
11102
$1.60
$17,763.20
9999.0000 liut-Mirig-
EA
20.00
�0-2-411706 a" Pavement Pulverization ...... . . ....... .. .
02 41 15 .. ....
...............
. SY
6128
.. ........ ......
$3.67
. .. . . .....
$22,489.76
- ..........
- ........... ........ ........ . .......... - ........
. 0000 30' Speed Cushion - Remove I Replace
. ......... ...
............ ..........
EA
3
...
$2,020.0(k_$6
,l)6q.00
.9999
Unclassified Excavation
---
32 23 16
-
-CY
142$20.50
$2,911.00
.3124.0101
3124.0101 Crushed Limestone
,312400
CY
72
-1
___
$3�,268.80
i124.oloi Asphalt Pavement and Base Repair
� .1-- 1—- 1 ..., . ........ ... - . .. .... 1 11 ....... ... . I-- ............. . ...... . . ........ ... - . . .......
312400
... ... .. ...... .. ......
-Cy
. ........ 1. .1 1 .....
------
........ ...... . ...
145,.40
$ 90.00
i . ..... . - ........
$19,000.00
...... ........ . .........
3211.0600 Cement
32 11 33
TN
$99 5A
00
3212.0302 2" Asphalt Pavement Type D
32'12 16
Sy,
29180
$9.12
266 1121.60
-32-120600 Asphalt Pavement Level -Up
321216
100,
$9 .00
$9,000.00
3212.0900 Asphalt Crack Sealant
321273
..... ....... .
GA . .
235
...... ..........
$25.50
- . 1- . ............. .. ...... - ........... ........... . ...... . ........ .. . .. ..... ... ........... -
3213.0301 4" Concrete Sidewalk, Remove !Replace
......... ........ -
321320
SF
10
-No
$6.40
$6400.00
3213.0401 6" Removal Replace Concrete Driveway
-3216.0162
32 13 20
SF
4100 _$6.70
$28�8110.00
7" Remove/Replace Concrete Curb and Gutter
321613
LF
328D
$24.55
$80,524.00
3217.0001 Painting House Addresses
321723
. ..... I .
EA
50
$11.00 ......
..
$550.00
... ... .. .......... - ............. . . ........ . . .......................................... .......
3292.0100 Block Sod Placement
--- - - -Wis-cil-fa-��ds--St-ru-cture-Adjust--me-nt--(-5'-S'torm
.... .... . .........
329213
...... ....
BY
. .
......... - ... .. . . - ..........
i305.61�7 Drain Inlet
-i365.6i
330514
EA
6
�135.00
$10 675.00
67 Miscellaneous Structure Adjustment (Water Meter BOX)
33 05 14
EA
26
$36.50
$949.00
3305.0108 Miscellaneous Adjustments (Utilities)
00 05 08
LS
1
$6,000.00 ..
$6,000.00
.... ...- ......
....
3305.0111 Water Valve Box Adjustment (wl Steel Risers)
....
........ ..
330514
EA
....
8
... ....
$153.00
3305.0112 Water Valve Box Adjustment (wl Concrete Collaii)---
$1.040.00
.6T1-2'Manhole `Adjustments (w/ Concrete -Collars)-
330517
EA
3;535.00
$1,605.00
. .......
$10.70
-
$1,177.00
... . ...... .. ... ... ........ ............. - - ........... ........ ....... ..... .... . .......
3349.0103 Mahhole Adjustments (w/ Steel Risers)
.......... -
334910
EA
. ......
5
-
$265.00
$2,385.00
0158.0013 Project Designation Sfgnage
01 58 13
EA
2
$195.00
$390.00
Cr1Y OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
HMAC 2012-6 CityProposid Add I C
1 00 42 43
V BID PROPOSAL
Page 2 of
SECTION 00 42 43
PROPOSAL FORM
UNIT PRICE BID Bidder's Application
Project Item Information Bidder's Proposal
Bidlist Item Description Specification Unit of Bid Quantity Unit Price Bid Value
No. Section No. Measure
li
Bid Summary
Base Bid
................................................... .......... ..... ............................... ....... . .. ....... -
qu
pq
ON
Total Base Bid
Alternate Bid
Total Alternate Bidl
Deductive Alternate Bid
I I I Total Deductive Alternate Bi�
Additive Alternate Bid
Total AdditiveI Alternate Bidl I
Total Bid 1 $539,506.861
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Forth Revised 20120120
HMAC 2012-6 CityProposal Add I C
00 35 13
BID FORM
Page 1 of 3
SECTION 00 3513
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 also
be downloaded from the website links provided below.
hfti)://www.ethics.state.tx.us/forms/CIQ.r)df
hfto://www. eth ics. state.tx. us/forms/CIS. pdf
El 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:
JLB Contracting, LLC
PO Box 24131
Fort Worth, Texas 76124
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120
By: James G Humphrey
Signature: 9�,,ti .�
Title: CEO
00 41 00—DO 43 13_00 42 4300 43 3700 46 12_00 35 13 Bid Proposal Workbook
DO 45 12
BID FORM
Page 1 of 1
SECTION 00 45 12
PREQUALIFICATION STATEMENT
n 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
HMAC Surface Overlay JLB Contracting, LLC 1/4/2013
Surface and Wedge Milling
Pavement Pulverization and
Stabilization
Remocal/Replacement of
_ Curb&Gutter, Driveways,
The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are
currently prequalified for the work types listed.
BIDDER:
JLB Contracting, LLC By: James G Humphrey
PO Box 24131 /J /
rSlgna ure)
Fort Worth, Texas 76124
Title: CEO
Date: '7 Z
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20120120 00 41 00_00 43 1300 42 4300 43 37_M 45 12_00 35 13_Bid Proposal Workbook
OU4a37
VENDOR COMPLIANCE TO STATE LAW
Pepe 1 of 1
SECTKN O0, 37
VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER
Texas Governntem Code Chapter 2252 was adopted for the award- of contracts to nonresident bidders. This taw
provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors
whose corporale offices or Winicipal place of business are outside the State of TexaE) bid projects for const '
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 nonresidenM bidder in order to obtain, a
comparable contract in the State which the nonresident's principal place of business is located.
The approp Ule blanks in Section A must be fitted out by all nonresident bidders in order W yaur bid to meet
spermcations. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders
must check the box in Section B.
PL kkntresident bidders in the State of State Here or Blank , 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 buairtess,
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. P1
BIDDER:
JLB Contracting, LLC By: James G Humphrey
PO Box 24131 �O j
tSgnature)
Fort Worth, Texas 76124
Title: CEO
Date: 51 z y/ ry
END OF SECTION
CRY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Form Revised 20110827 00 410000 4313,00 42 43_00 43 3700 4512_00 35 13_sid Proposal Workbook
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00 45 26 - 1
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Page I of 1
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. 01876 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:
JLB CONTRACTING, LLC
Company
RD ,6oXay/8/
Address
ZVOAM TX
City/State/Zip
THE STATE OF TEXAS §
COUNTY OF TARRANT §
James G. HumphreY
CEO
EO
(Please Print)
Signature.,, /cJ
U -
Title:
(Please Print)
BEFORE ME, the under igned authority, on this day personally appeared
m� 4. v*PNRel , known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as
the act and deed of. for the purposes and
consideration therein expresse an in t e ci7p!Z17717erein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this AV* day of
20L
Notary P blic in and for t e State of Texas
END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
_..UNOA _
OLOto
Mr
MIN 9&M
Coft— - - _ _WIN 3.16oM3
HMAC SURFACE OVERLAY (2012-6)
01876
000515-1
ADDENDA
Page 1 of 1
1 SECTION 00 0515
2 ADDENDA No. 1
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4
g
6
7 The contract and documents for the subject project are hereby revised or amended to clarify the following
8
9 Suction 00 42 43 Proposal Form:
10
I I The following Bidlist Item has been revised:
12
13 9999.0000 New ADA Ramps should read 10 EA instead of 1170 SF
14
15
16 Please acknowledge receipt of this addendum by signing and inserting into your proposal at the time of
17 bidding. Failme to return a sued copy of this addendum may be grounds for r+eridering thce bid as
18 nonresponsive.
19
20
21 Receipt Acknowledges:
22
23
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25 B By:
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30 END OF SECTION
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
LJ
FORT WORTH
' Business Support
IRANS-�o TAQWAD PUPLIMORKS
-� MJWBE REQUIRED DOCUMENTATION RECEIPT
Official date and time
03-29-12P01:54 RCVD
Bid Date.
Project Name
s
U
Project Manager: f2L
Forms Submitted Bv:
N �� s
ame, /1toe--W
Company: 1A
Forms Received Bv:
ATTACHMENT IA
Page 1 of 4
FORT WORTH City of Fort Worth
Subcontractors/Suppliers Utilization Form
PRIME COMPANY NAME: Check applicable block to describe prime
JLB Contracting, LLC
PROJECT NAME: I MNV/DBE J x i NON4A/W/DBE
March 22, Ml1
HMAC Surface Overlay 2012-6
City's MNVBE Project Goal: Prime's M/WBE Project Utilization: PROJECT NUMBER
01876
20% 22.25%
Identify all subcontractors/suppliers you will use on this project
Failure to complete this form, in its entirety with requested documentation, and received by the Managing
Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date,
will result in the bid being considered non -responsive to bid specifications.
The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this
utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional
and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the
bid being considered non -responsive to bid specifications
MIWBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or
currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant,
Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties.
Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct
y payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to
its supplier is considered 2"d tier
ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD.
Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have
been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification
Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business
Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE).
If hauling services are utilized, the prime will be given credit as long as the M/VVBE listed owns and
operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease
trucks from another M/WBE firm, including M/WBE owner -operators, and receive full M/WBE credit. The
M/WBE may lease trucks from non-M/WBEs, including owner -operators, but will only receive credit for the
fees and commissions earned by the M/WBE as outlined in the lease agreement.
ATTACHMENT 1A
FORT WORTH
Page 2 of 4
Primes are required to identify ALL suboontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs.
Please list MNVBE firms first, use additional sheets if necessary.
Certification
N
(check one)
o
n
SUBCONTRACTOR/SUPPLIER
T
N T
Detail Detail
Company Name
Address
i
I M yy C X
M
Subcontracting Work Supplies Purchased Dollar Amount
Telephone/Fax P
hone/Fax
r T D
R O
B
E E
C T
E
A
Atco Construction, Inc.
1 X
Haul HMAC to $19,065
the job & excess
Material away
Pat's Trucking 1 X Raw Materials $22,408
PO Box 534 Hauler
Bridgeport, Texas 76426
Cowboy Trucking 2 X Haul milled $5,000
HMAC from
project
Zamora Construction 1 X Miscellaneous $73,563
PO Box 10396 Concrete
River Oaks, Texas
76114
TXI 1 X Raw Aggregate $15,196
1341 West Mockingbird Supplier
Lane
Dallas, TX 75247-6913
FoR�oRrH
ATTACHMENT 1A
Page 3 of 4
Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-MM/BEs.
Please list M/WBE firms first, use additional sheets
if necessary.
Certification
N
o
SUBCONTRACTOR/SUPPLIER
(check one)
T
N T
n
Detail
Detail
Company Name
Address
i
e M w C X
M Subcontracting Work
Supplies Purchased Dollar Amount
Telephone/Fax
Tele P
r T
R O
W
B
E E C T
E
A
Dustrol Incorporated
1
X Milling Sub
$31,743
2925 Hwy 114
Roanoke, Texas 76262
817-491-3603
817-491-2354
Southern Asphalt
1
X
Liquid Asphalt $107,642
3632 Lawnwood Street
Supplier
Fort Worth, TX 76111-
5894
Im
FORT WORTH ATTACHMENT 1A
Page 4 of 4
W
Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 120,036
Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 154,581
TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 274,617
The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval
of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a
Request for Approval of ChangelAddition. Any unjustified change or deletion shall be a material breach of
contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor
shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed
M/WBE goal. If the detail explanation is not submitted, it will affect the final compliance determination.
By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request,
complete and accurate information regarding actual work performed by all subcontractors, including
M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or
examination of any books, records and files held by their company. The bidder agrees to allow the
transmission of interviews with owners, principals, officers, employees and applicable
subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work
performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any
intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment
from City work for a period of not less than three (3) years and for initiating action under Federal, State or
Local laws concerning false statements. Any failure to comply with this ordinance and create a material
breach of contract may result in a determination of an irresponsible Offeror and barred from participating in
City work for a period of time not less than one (1) year.
iYW\YIV�`i�ll:
President G 6a
Title
JLB Contracting, L.L.C.
Company Name
PO Box 24131
Address
Cp /=o Texas 76124
James G. Humphrey
r "FRVa aignaiure
James G. Humphrey
Contact Name/Title (if dffhmnt)
(817) 261-2991 (817) 261-30"
Telephone and/or Fax
E-mail Address
March 29.2012
Date
00 52 43 - 1
Agreement
Page 1 of 4
1 SECTION 00 52 43
2 AGREEMENT
3
4 THIS AGREEMENT, authorized on Mav 15, 2012 is made by and between the City of Forth
5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager,
6 ("City"), and JLB Contracting, LLC., authorized to do business in Texas, acting by and through
7 its duly authorized representative, ("Contractor").
8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as
9 follows:
10 Article 1. WORK
i l Contractor shall complete all Work as specified or indicated in the Contract Documents for the
12 Project identified herein.
13 Article 2. PROJECT
14 The project for which the Work under the Contract Documents may be the whole or only a part is
15 generally described as follows:
16 HMAC SURFACE OVERLAY (2012- 6)
17 01876
18 Article 3. CONTRACT TIME
19 3.1 Time is of the essence.
20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract
21 Documents are of the essence to this Contract.
22 3.2 Final Acceptance.
23 The Work will be complete for Final Acceptance within 90 calendar days after the date
24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General
25 Conditions.
26 3.3 Liquidated damages
—` 27 Contractor recognizes that time is of the essence of this Agreement and that City will
28 suffer financial loss if the Work is not completed within the times specified in Paragraph
29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the
— 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties
31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work
32 is not completed on time. Accordingly, instead of requiring any such proof , Contractor
33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay
34 City Four Hundred and Fifty Dollars ($450.00) for each day that expires after the time
35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of
36 Acceptance.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised November 09, 2011
00 52 43 - 2
Agreement
Page 2 of 4
37
Article 4. CONTRACT PRICE
38
City agrees to pay Contractor for performance of the Work in accordance with the Contract
39
Documents an amount in current funds of Five Hundred Thirty Nine Thousand Five Hundred
40
Six Dollars and Eighty Six Cents ($539.506.86).
41
Article 5. CONTRACT DOCUMENTS
42
5.1 CONTENTS:
43
A. The Contract Documents which comprise the entire agreement between City and
44
Contractor concerning the Work consist of the following:
-� 45
1. This Agreement.
46
2. Attachments to this Agreement:
47
a. Bid Form
-T 48
1) Proposal Form
49
2) Vendor Compliance to State Law Non -Resident Bidder
50
3) Prequalification Statement
51
4) State and Federal documents (project speck)
52
b. Current Prevailing Wage Rate Table
53
c. Insurance ACORD Form(s)
54
d. Payment Bond
55
e. Performance Bond
56
f. Maintenance Bond
57
g. Power of Attorney for the Bonds
58
h. Worker's Compensation Affidavit
59
i. MWBE Commitment Form
60
3. General Conditions.
61
4. Supplementary Conditions.
62
5. Specifications specifically made a part of the Contract Documents by attachment
_ 63
or, if not attached, as incorporated by reference and described in the Table of
64
Contents of the Project's Contract Documents.
65
6. Drawings.
— 66
7. Addenda.
67
8. Documentation submitted by Contractor prior to Notice of Award.
68
9. The following which may be delivered or issued after the Effective Date of the
69
Agreement and, if issued, become an incorporated part of the Contract Documents:
70
a. Notice to Proceed.
71
b. Field Orders.
- 72
c. Change Orders.
73
d. Letter of Final Acceptance.
74
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised November 09, 2011
00 52 43 - 3
Agreement
Page 3 of 4
72 Article 6. INDEMNIFICATION
73 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
74 expense, the city, its officers, servants and employees, from and against any and all
75 claims arising out of, or alleged to arise out of, the work and services to be performed
76 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees
77 under this contract. This indemnification provision is specifically intended to operate
78 and be effective even if it is alleged or proven that all or some of the damages being
79 sought were caused, in whole or in part, by any act, omission or negligence of the city.
80 This indemnity provision is intended to include, without limitation, indemnity for
81 costs, expenses and legal fees incurred by the city in defending against such claims and
82 causes of actions.
83
84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,
85
the city, its officers, servants and employees, from and against any and all loss, damage
86
or destruction of property of the city, arising out of, or alleged to arise out of, the work
87
and services to be performed by the contractor, its officers, agents, employees,
88
subcontractors, licensees or invitees under this contract. This indemnification
89
provision is specifically intended to operate and be effective even if it is alle eg d or
90
proven that all or some of the damages being sought were caused, in whole or in part,
91
by any act, omission or negligence of the city.
92
93
Article 7. MISCELLANEOUS
94
7.1
Terms.
95
Terms used in this Agreement which are defined in Article 1 of the General Conditions will
96
have the meanings indicated in the General Conditions.
i
97
7.2
Assignment of Contract.
98
This Agreement, including all of the Contract Documents may not be assigned by the
99
Contractor without the advanced express written consent of the City.
100
7.3
Successors and Assigns.
—101
City and Contractor each binds itself, its partners, successors, assigns and legal
102
representatives to the other party hereto, in respect to all covenants, agreements and
103
obligations contained in the Contract Documents.
104
7.4
Severability.
105
Any provision or part of the Contract Documents held to be unconstitutional, void or
.,, 106
unenforceable by a court of competent jurisdiction shall be deemed stricken and all
107
remaining provisions shall continue to be valid and binding upon CITY and
108
CONTRACTOR.
—� 109
7.5
Governing Law and Venue.
110
This Agreement, including all of the Contract Documents is performable in the State of
111
Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the
112
Northern District of Texas, Fort Worth Division.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised November 09, 2011
r ,
i
i
i
M
00 52 43 - 4
Agreement
Page 4 of 4
113 7.6 Other Provisions.
114 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is
115 classified, promulgated and set out by the City, a copy of which is attached hereto and
116 made a part hereof the same as if it were copied verbatim herein.
117 7.7 Authority to Sign.
118 Contractor shall attach evidence of authority to sign Agreement, if other than duly
119 authorized signatory of the Contractor.
120
121 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple
122 counterparts.
123
124 This Agreement is effective as of the last date signed by the Parties ("Effective Date").
125
Contractor: City of Fort Worth
AB CONTRACTING, LLC
Fernando Costa
B Assistant City Manager
v (Signature) 44
Date _��A2 a 0000
James G. Mul I yl Irey
Caod Name)
Title:
Address: R0,60je2 4,1 a
City/State/Zip: FOkj-4),02r//, 1-%711Zy
Date
126
127
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130
131
132
133
134 OFFICIAL RECORD
135 CITY SECRETARY
FT. WORTH, TX
Attest:
Ma . Kays P
l�l�z/IZ Ci y Secretary
(Seal) Qx
M&C 4�`7-�EiZ
Date: > - l y i Z
Was
Fo and Legality:
ack
Assistant City Attorney
APPROVAL RECOMMENDED:
DouA4 �.
�a,. Wiersig, P.E.
DIRECTOR,
Transportation and Public Works
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised November 09, 2011
r
o° �y
°y
00600 ,0,
HMAC SURFACE OVERLAY (2012-6)
01876
1
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SECTION 00 61 13
PERFORMANCE BOND
THE STATE OF TEXAS §
COUNTY OF TARRANT §
006113-1
PERFORMANCE BOND
Page 1 of 2
Bond No. 6067154
KNOW ALL BY THESE PRESENTS:
That we, JLB Contractina, LLC , known as
"Principal" herein and Westfield Insurance Comt)anv , a corporate
surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as
"Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal
sum of, Five Hundred Thirty -Nine Thousand, Five Hundred Six Dollars & Eiahty-Six Cents
Dollars ($539,506.86), lawful money of the United States, to be paid in Fort Worth, Tarrant
County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our
heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
presents.
18 WHEREAS, the Principal has entered into a certain written contract with the City
19 awarded the day of MAY 15 2014 , 20_, which Contract is hereby referred to and made a
20 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
21 and other accessories defined by law, in the prosecution of the Work, including any Change
22 Orders, as provided for in said Contract designated as HMAC SURFACE OVERLAY (2012-6),
23 City Project No: 01876.
24 NOW, THEREFORE, the condition of this obligation is such that if the said Principal
25 shall faithfully perform it obligations under the Contract and shall in all respects duly and
26 faithfully perform the Work, including Change Orders, under the Contract, according to the plans,
27 specifications, and contract documents therein referred to, and as well during any period of
28 extension of the Contract that may be granted on the part of the City, then this obligation shall be
29 and become null and void, otherwise to remain in full force and effect.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
0061 13 - 2
PERFORMANCE BOND
Page 2 of 2
Bond No. 6067154
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
3 Worth Division.
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This bond is made and executed in compliance with the provisions of Chapter 2253 of the
Texas Government Code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said statue.
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED
this instrument by duly authorized agents and officers on this the day of MAY 15 201220_
ATTEST• -, -
( rinci 1) Secretary
4
qWies as to Principal
PRINCIPAL:
JLB CONTRACTING, LLC
BY�i�rir/
v Signature
James G. Humphrey
Name (DEOle
Address: P.O. Box 24131
Fort Worth. Texas 76124
SURETY:
WESTFIELD INSURANCE COMPANY
BY:
i e
Kvle W. Sweenev, Attorney -in -Fact
Name and Title
Address: 555 Republic Drive. Suite 450
Plano, Texas 75074
�kl Aa,,
Witness ss s tElizabeth Gray ! Telephone Number: 972-516-2600
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to -sign such obligation. If
Surety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date t6e`Coutract is awarded.
CITY OF FORT WORTH HMAC--SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ` ; 01876
Revised July 1, 2011
0061 14-1
PAYMENTBOND
Page 1 of 2
Bond No. 6067154
.. I
SECTION 00 61 14
2
PAYMENT BOND
3
— 4 THE STATE OF TEXAS
§
5
§ KNOW ALL BY THESE PRESENTS:
6 COUNTY OF TARRANT
§
7
8 That we, JLB Contracting, LLC known as
9 "Principal" herein, and Westfield Insurance Comoanv a corporate
10 surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein
11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal
12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the
13 penal sum of Five Hundred Thirtv-Nine Thousand, Five Hundred Six Dollars & Eiahty-Six Cents
14 Dollars ($539.506.86), lawful money of the United States, to be paid in Fort Worth, Tarrant
15 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our
16 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these
17 presents:
18 WHEREAS, Principal has entered into a certain written Contract with City, awarded
19 the _ day of MAY 1 � Z01Z , 20_, which Contract is hereby referred to and made a part
20 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and
21 other accessories as defined by law, in the prosecution of the Work as provided for in said
22 Contract and designated as HMAC SURFACE OVERLAY (2012-6), City Project No: 01876.
23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if
24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in
25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under
26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full
27 force and effect.
28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the
29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in
30 accordance with the provisions of said statute.
31
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July I, 2011
3
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0061 14 - 2
PAYMENTBOND
Page 2 of 2
Bond No. 6067154
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED
this instrument by duly authorized agents and officers on this the _ day of MAY 15 2012, 20_.
00MII19
`('I'rin6pal) ecretary
Wi n ss as to Pr ncipal LJ
ATTEST:
(Surety) Secretary
Witness d to Surety Elizabeth Gray
PRINCIPAL:
JLB CONTRACTING. LLC
BY:
Signature
James G. Humphrey
Name and TiCEO
Address: P.O. Box 24131
Fort Worth. Texas 76124
SURETY:
WESTFIELD INSURANCE COMPANY
BY:
Si to
4p
Kvle W. Sweenev. Attornev-in-Fact
Name and Title
Address: 555 Ret)ublic Drive, Suite 450
Plano, Texas 75074
Telephone Number: 972-516-2600
Note: If signed by an officer of the Surety, there must be on file a certified extract from the
bylaws showing that this person has authority to sign such obligation. If Surety's physical
address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
10 END OF SECTION
11
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
0
HMAC SURfCPVERLAY (2012-6)
- �_ 01876
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SECTION 00 61 19
MAINTENANCE BOND
THE STATE OF TEXAS §
COUNTY OF TARRANT §
0061 19-1
MAINTENANCE BOND
Page 1 of 3
Bond No. 6067154
KNOW ALL BY THESE PRESENTS:
That we JLB Contractina, LLC , known as "Principal"
herein and Westfield Insurance Comnanv a corporate surety
(sureties, if more than one) duly authorized to do business in the State of Texas, known as
"Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a
municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein,
in the sum of Five Hundred Thirty -Nine Thousand, Five Hundred Six Dollars & Eip-hty-Six Cents
Dollars ($539,506.86), lawful money of the United States, to be paid in Fort Worth, Tarrant
County, Texas, for payment of which sum well and truly be made unto the City and its
successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the City awarded
the day of MAY 15 2012 , 20_, which Contract is hereby referred to and a made
part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor
and other accessories as defined by law, in the prosecution of the Work, including any Work
resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for
in said contract and designated as HMAC SURFACE OVERLAY (2012-6), City Project No:
01876;and
WHEREAS, Principal binds itself to use such materials and to so construct the Work in
accordance with the plans, specifications and Contract Documents that the Work is and will
remain free from defects in materials or workmanship for and during the period of two (2) years
after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and
WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part
upon receiving notice from the City of the need thereof at any time within the Maintenance
Period.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
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0061 19-2
MAINTENANCE BOND
Page 2 of 3
Bond No. 6067154
NOW THEREFORE, the condition of this obligation is such that if Principal shall
remedy any defective Work, for which timely notice was provided by City, to a completion
satisfactory to the City, then this obligation shall become null and void; otherwise to remain in
full force and effect.
PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely
noticed defective Work, it is agreed that the City may cause any and all such defective Work to
be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and
the Surety under this Maintenance bond; and
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in
Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort
Worth Division; and
PROVIDED FURTHER, that this obligation shall be continuous in nature and
successive recoveries may be had hereon for successive breaches.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
i
i
MR
00 61 19 - 3
MAINTENANCE BOND
Page 3 of 3
Bond No. 6067154
I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this
2 instrument by duly authorized agents and officers on this the _ day of MAY 15 2012 , 20—,
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ATTE T:
4 r
ripal) Secretary
+WW*ssto Orin 'pal
ATTEST:
(Surety) Secretary
Witne as to Surety Elizabeth Grii
PRINCIPAL:
JLB CONTRACTING. LLC
BY: ?
Signature "
James G. Humphrey
Name ar9W
Address: P.O. Box 24131
Fort Worth. Texas 76124
SURETY:
WESTFIELD INSU CE COMPANY
r
BY:
sit ure
Kvle W. Sweenev. Attomev-in-Fact
Name and Title
Address: 555 Republic Drive. Suite 450
Plano. Texas 75074
Telephone Number: 972-516-2600
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract
from the by-laws showing that this person has authority to sign such obligation. If
Surety's physical address is different from its mailing address, both must be provided.
The date of the bond shall not be prior to the date the Contract is awarded.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
_
IIMA4CESURFACE OVERLAY (2012-6)
01876
J
\`
IMPORTANT NOTICE
To obtain information or make a complaint:
You may call Westfield Insurance Company's
and/or Ohio Farmers Insurance Company's
toll -free telephone number for information or to
make a complaint at:
1-800-368-3597
You may also write to Westfield Insurance
Company and/or Ohio Farmers Insurance
Company at:
555 Republic Drive, Suite 450
Plano, Texas 75074-8848
You may contact the Texas Department of
Insurance to obtain information on
companies, coverages, rights or complaints
at:
1-800-252-3439
You may write the Texas Department of
Insurance:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtection cNi.state.tx.us
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your
premium or about a claim you should
contact the agent or Westfield Insurance
Company and/or Ohio Farmers Insurance
Comapny first. If the dispute is not resolved,
you may contact the Texas Department of
Insurance.
ATTACH THIS NOTICE TO YOUR
POLICY: This notice is for information only
and does not become a part or condition of
the attached document.
AVISO IMPORTANTE
Para obtener informacion o para someter una
queja:
Usted puede Ilamar al numeeo de telefono gratis de
Westfield Insurance Company's / Ohio Farmers
Insurance Company's para informacion o para
someter una queja al:
1-800-368-3597
Usted tambien puede escribir a Westfield Insurance
Company / Ohio Farmers Insurance Company:
555 Republic Drive, Suite 450
Plano, Texas 75074-8848
Puede comunicarse con el Departamento de
Seguros de Texas para obtener informacion acerca
de companias, coberturas, derechos o quejas al:
1-800-252-3439
Puede escribir al Departamento de Seguros de
Texas:
P. O. Box 149104
Austin, TX 78714-9104
Fax: (512) 475-1771
Web: http://www.tdi.state.tx.us
E-mail: ConsumerProtectiona.tdi.state.tx.us
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tiene una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el agente o
Westfield Insurance Company / Ohio Farmers
Insurance Company primero. Si no se resuelve la
disputa, puede entonces comunicarse con el
departamento (TDI).
UNA ESTE AVISO A SU POLIZA: Este aviso es
solo para proposito de informacion y no se
convierte en parte o condicion del documento
adjunto.
rv.. ter, r/',-...... w.avw rnrvn •v w•cv • , vn r..., r�r�w.. v.. �....�_.__ ____._.__ —__
General POWER NO. 4220052 06
Power Westfield Insurance Co.
of Attorney Westfield National Insurance Co.
Ohio Farmers Insurance Co.
CERTIFIED COPY Westfield Center, Ohio
Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO
FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly
organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these
presents make, constitute and appoint
CHARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, ELIZABETH GRAY, JOINTLY OR SEVERALLY
of FORT WORTH and State of TX its true and lawful Attorneys) -in -Fact, with full power and authority hereby conferred in its name,
place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of
suretyship--------------------------- -------- --- ---- ---- ----- - - - -- -- -
14RJA qy.: OR THIS
POWER DEPOSIOF ATTORNEY TORY BONDS. CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE
and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate
seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in
the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the
WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY:
'Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall
be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys) -in -Fad to represent and ad for
and on behalf of the Company subject to the following provisions:
The Attorney -In -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and
deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all
notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such
Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary.'
"Be It Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any
power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile
seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' (Each adopted at a meeting
held on February 8, 2000).
In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE
COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of
APRIL A.D., 2011 .
Corporate �$0Mk "..��nNnt.�'• �"•'"""- WESTFIELD INSURANCE COMPANY
eals�m1.a.•,F�Z A�?.��, WESTFIELD NATIONAL INSURANCE COMPANY
OHIO FARMERS INSURANCE COMPANY
State of Ohio ••...•• ���,�;w'w,,.••Richard L. Kinnaird, Jr., National Surety Leader and
County of Medina ss.: Senior Executive
On this 20th day of APRIL A.D., 2011 , before me personally came Richard L Kinnaird, Jr. to me known, who, being by me duly
sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD
NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above
Instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed
by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order.
Notarial
s
Amite !.. S
�P�'�llli
State of Ohio 4L
William J. Kahelin, A ney at Law, Notary Public
t10 My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code)
County of Medina ss.: \ 4
r
I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS
INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said
Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are
in full force and effect,
In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of
N r,,..rw.•.
S fti = SEAL. m =�."� _ �i"tia tom,
{��r',, ,s. f� 'sue: •=o; 1848.`e FrankA--Cardn%-Sark_
SPOAC2 (combined) (06-02) r '`
®
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Pkw
Page
Article 1 — Definitions and Terminology..........................................................................................................1 Mw
1.01 Defined Terms............................................................................................................I...........I......1
1.02 Terminology..................................................................................................................................6
aw
Article 2 —
Preliminary Matters.........................................................................................................................7
2.01
Copies of Documents ..........................
2.02
Commencement of Contract Time; Notice to Proceed................................................................
7
2.03
Starting the Work..........................................................................................................................
8
2.04
Before Starting Construction........................................................................................................
8
2.05
Preconstruction Conference..........................................................................................................
8
2.06
Public Meeting..............................................................................................................................
8
2.07
Initial Acceptance of Schedules....................................................................................................
8
Article 3 — Contract Documents: Intent, Amending, Reuse Md
3.01 Intent.............................................................................................................................................. 8
3.02 Reference Standards......................................................................................................................9
3.03 Reporting and Resolving Discrepancies.......................................................................................9 Am
3.04 Amending and Supplementing Contract Documents.................................................................10
3.05 Reuse of Documents...................................................................................................................10
3.06 Electronic Data............................................................................................................................11 lb —
Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points...........................................................................................................11
4.01
Availability of Lands..................................................................................................................11
4.02
Subsurface and Physical Conditions..........................................................................................12
4.03
Differing Subsurface or Physical Conditions.............................................................................12
••
4.04
Underground Facilities...............................................................................................................13
4.05
Reference Points.........................................................................................................................14
4.06
Hazardous Environmental Condition at Site..............................................................................14
Article5 — Bonds and Insurance.....................................................................................................................16
5.01 Licensed Sureties and Insurers...................................................................................................16 PW
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
mr
t
6.02
Labor; Working Hours................................................................................................................20
6.03
Services, Materials, and Equipment...........................................................................................20
6.04
Project Schedule..........................................................................................................................21
6.05
Substitutes and "Or-Equals".......................................................................................................21
6.06
Concerning Subcontractors, Suppliers, and Others....................................................................24
6.07
Wage Rates..................................................................................................................................25
6.08
Patent Fees and Royalties.................................................................................... ...............26
6.09
Permits and Utilities....................................................................................................................27
6.10
Laws and Regulations.................................................................................................................27
6.11
Taxes...........................................................................................................................................28
6.12
Use of Site and Other Areas .......................................................................................................28
6.13
Record Documents......................................................................................................................29
Ilk 6.14
Safety and Protection
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
Indemniftcation.........................................................................................................................33
_
6.22
Delegation of Professional Design Services..............................................................................34
6.23
......................................
Right to Audit....................................................................... .................34
6.24
Nondiscrimination.......................................................................................................................35
Article 7 -
Other Work at the Site...................................................................................................................35
7.01
Related Work at Site...................................................................................................................35
7.02
Coordination...............................................................................................................................36
Article 8 -
City's Responsibilities...................................................................................................................36
8.01
Communications to Contractor...................................................................................................36
8.02
Furnish Data............................................................................................................................36
8.03
Pay When Due............................................................................................................................36
8.04
Lands and Easements; Reports and Tests...................................................................................36
8.05
Change Orders.............................................................................................................................36
8.06
Inspections, Tests, and Approvals..............................................................................................36
8.07
Limitations on City's Responsibilities.......................................................................................37
8.08
Undisclosed Hazardous Environmental Condition...................................................................37
8.09
Compliance with Safety Program...............................................................................................37
Article 9 - City's Observation Status During Construction...........................................................................37
`" 9.01 City's Project Representative.....................................................................................................37
9.02 Visits to Site................................................................................................................................ 37
9.03 Authorized Variations in Work..................................................................................................38
9.04 Rejecting Defective Work .................38
.........................................................................................
9.05 Determinations for Work Performed..........................................................................................38
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
IBM
ON
Article 10 - Changes in the Work; Claims; Extra Work................................................................................ 38
10.01 Authorized Changes in the Work ................................................ :.................................... :......... 38
10.02 Unauthorized Changes in the Work........................................................................................... 39
10.03 Execution of Change Orders........................................................................................................ 39
10.04 Extra Work..................................................................................................................................39
10.05 Notification to Surety ..................................................................................................................39 }..
10.06 Contract Claims Process.............................................................................................................40
Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................41 AM
11.01 Cost of the Work..............................................................................................................6..........41
11.02 Allowances..................................................................................................................................43
11.03 Unit Price Work..........................................................................................................................44
..
11.04 Plans Quantity Measurement......................................................................................................45
Article 12 - Change of Contract Price; Change of Contract Time.................................................................46
12.01 Change of Contract Price .................... ..........................46 ..............................................................
12.02 Change of Contract Time............................................................................................................47
12.03 Delays..........................................................................................................................................47
Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ......................48
13.01 Notice of Defects........................................................................................................................48
13.02 Access to Work...........................................................................................................................48
13.03 Tests and Inspections.................................................................................................................. 48
13.04 Uncovering Work........................................................................................................................49
13.05 City May Stop the Work..............................................................................................................49
13.06 Correction or Removal of Defective Work................................................................................ 50
13.07 Correction Period........................................................................................................................ 50
13.08 Acceptance of Defective Work...................................................................................................51 �.
13.09 City May Correct Defective Work............................................................................................. 51
Article 14 - Payments to Contractor and Completion....................................................................................
52
14.01 Schedule of Values......................................................................................................................
52
14.02 Progress Payments......................................................................................................................
52
14.03 Contractor's Warranty of Title...................................................................................................
54
14.04 Partial Utilization........................................................................................................................55
14.05 Final Inspection...........................................................................................................................55
14.06 Final Acceptance.........................................................................................................................55
14.07 Final Payment..............................................................................................................................56
14.08 Final Completion Delayed and Partial Retainage Release .........................................................
56
14.09 Waiver of Claims........................................................................................................................
57
Article 15 - Suspension of Work and Termination........................................................................................
57
15.01 City May Suspend Work.............................................................................................................57
15.02 City May Terminate for Cause ............................................... ...58
.................................................
'
15.03 City May Terminate For Convenience.......................................................................................60
Article16 - Dispute Resolution......................................................................................................................61 +
16.01 Methods and Procedures.............................................................................................................61
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011 PM
a&
..
Article17 —Miscellaneous ..............................................................................................................................62
17.01 Giving Notice..............................................................................................................................62
Whk 17.02 Computation of Times................................................................................................................62
17.03 Cumulative Remedies................................................................................................................. 62
17.04 Survival of Obligations...............................................................................................................63
QL 17.05 Headings......................................................................................................................................63
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
00 72 00 - 1 _
GENERAL CONDITIONS
Page 1 of 62
ARTICLE 1— DEFINITIONS AND TERMINOLOGY
1.01 Defined Terms
A. Wherever used in these General Conditions or in other Contract Documents, the terms listed
below have the meanings indicated which are applicable to both the singular and plural thereof,
and words denoting gender shall include the masculine, feminine and neuter. Said terms are
generally capitalized or written in italics, but not always. When used in a context consistent with
the definition of a listed -defined term, the term shall have a meaning as defined below whether
capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial
capital letters in the Contract Documents include references to identified articles and paragraphs,
and the titles of other documents or forms.
1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify,
correct, or change the Bidding Requirements or the proposed Contract Documents.
2. Agreement —The written instrument which is evidence of the agreement between City and
Contractor covering the Work.
3. Application for Payment —The form acceptable to City which is to be used by Contractor
during the course of the Work in requesting progress or final payments and which is to be
accompanied by such supporting documentation as is required by the Contract Documents.
4. Asbestos —Any material that contains more than one percent asbestos and is friable or is
releasing asbestos fibers into the air above current action levels established by the United
States Occupational Safety and Health Administration.
5. Award— Authorization by the City Council for the City to enter into an Agreement.
6. Bich —The offer or proposal of a Bidder submitted on the prescribed form setting forth the
prices for the Work to be perfonned.
7. Bidder —The individual or entity who submits a Bid directly to City.
8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents
(including all Addenda).
9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid
security of acceptable form, if any, and the Bid Form with any supplements.
10. Business Day — A business day is defined as a day that the City conducts normal business,
generally Monday through Friday, except for federal or state holidays observed by the City.
11. Buzzsaw — City's on-line, electronic document management and collaboration system.
12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. _&
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-2
GENERAL CONDITIONS
Page 2 of 62
13. Change Order —A document, which is prepared and approved by the City, which is signed
by Contractor and City and authorizes an addition, deletion, or revision in the Work or an
adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date
of the Agreement.
14. City— The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and
chartered under the Texas State Statutes, acting by its governing body through its City
Manager, his designee, or agents authorized under his behalf, each of which is required by
Charter to perform specific duties with responsibility for final enforcement of the contracts
involving the City of Fort Worth is by Charter vested in the City Manager and is the entity
with whom Contractor has entered into the Agreement and for whom the Work is to be
performed.
15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or
his duly authorized representative.
16. City Council - The duly elected and qualified governing body of the City of Fort Worth,
Texas.
17. City Manager — The officially appointed and authorized City Manager of the City of Fort
Worth, Texas, or his duly authorized representative.
18. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of
Contract Price or Contract Time, or both, or other relief with respect to the terms of the
Contract. A demand for money or services by a third party is not a Contract Claim.
19. Contract —The entire and integrated written document between the City and Contractor
concerning the Work. The Contract contains the Agreement and all Contract Documents and
supersedes prior negotiations, representations, or agreements, whether written or oral.
20. Contract Documents —Those items so designated in the Agreement. All items listed in the
Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and
the reports and drawings of subsurface and physical conditions are not Contract Documents.
21. Contract Price —The moneys payable by City to Contractor for completion of the Work in
_. accordance with the Contract Documents as stated in the Agreement (subject to the
provisions of Paragraph 11.03 in the case of Unit Price Work).
22. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve
Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance.
23. Contractor —The individual or entity with whom City has entered into the Agreement.
24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised: November 9, 2011
007200-3
GENERAL CONDITIONS
Page 3 of 62
25. Damage Claims — A demand for money or services arising from the Project or Site from a
third party, City or Contractor exclusive of a Contract Claim.
26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day.
27. Director of Aviation — The officially appointed Director of the Aviation Department of the
City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
28, Director of Parks and Community Services — The officially appointed Director of the Parks
and Community Services Department of the City of Fort Worth, Texas, or his duly appointed
representative, assistant, or agents.
29. Director of Planning and Development — The officially appointed Director of the Planning
and Development Department of the City of Fort Worth, Texas, or his duly appointed r
representative, assistant, or agents.
30. Director of Transportation Public Works — The officially appointed Director of the
Transportation Public Works Department of the City of Fort Worth, Texas, or his duly
appointed representative, assistant, or agents.
31. Director of Water Department — The officially appointed Director of the Water Department
of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents.
32. Drawings That part of the Contract Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the Work to be performed by
Contractor. Submittals are not Drawings as so defined.
33. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes
effective, but if no such date is indicated, it means the date on which the Agreement is signed
and delivered by the last of the two parties to sign and deliver.
34. Engineer —The licensed professional engineer or engineering firm registered in the State of
Texas performing professional services for the City.
35. Extra Work — Additional work made necessary by changes or alterations of the Contract
Documents or of quantities or for other reasons for which no prices are provided in the _
Contract Documents. Extra work shall be part of the Work.
36. Field Order —A written order issued by City which requires changes in the Work but which
does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer.
37. Final Acceptance — The written notice given by the City to the Contractor that the Work
specified in the Contract Documents has been completed to the satisfaction of the City.'
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.. 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has
completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in
conformance with the Contract Documents.
39. General Requirements —Sections of Division 1 of the Contract Documents.
40. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs,
Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or
circumstances that may present a substantial danger to persons or property exposed thereto.
41. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or
possesses one or more hazardous characteristics as defined in the federal waste regulations,
as amended from time to time.
42. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes,
and orders of any and all governmental bodies, agencies, authorities, and courts having
jurisdiction.
43. Liens --Charges, security interests, or encumbrances upon Project funds, real property, or
personal property.
44. Major Item — An Item of work included in the Contract Documents that has a total cost equal
to or greater than 5% of the original Contract Price or $25,000 whichever is less.
45. Milestone —A principal event specified in the Contract Documents relating to an intermediate
Contract Time prior to Final Acceptance of the Work.
46. Notice of Award --The written notice by City to the Successful Bidder stating that upon
timely compliance by the Successful Bidder with the conditions precedent listed therein, City
will sign and deliver the Agreement.
47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the
Contract Time will commence to run and on which Contractor shall start to perform the
Work specified in Contract Documents.
48. PCBs —Polychlorinated biphenyls.
49. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard
conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square
inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and
oil mixed with other non -Hazardous Waste and crude oils.
50. Plans — See definition of Drawings.
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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 workmanship that are
representative of some portion of the Work and which establish the standards by which such
portion of the Work will be judged.
58. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required _
submittals and the time requirements to support scheduled performance of related
construction activities.
59. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions r
of the Contract Price to various portions of the Work and used as the basis for reviewing
Contractor's Applications for Payment,
60. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon
which the Work is to be performed, including rights -of -way, permits, and easements for
access thereto, and such other lands furnished by City which are designated for the use of
Contractor.
61. Specifications —That part of the Contract Documents consisting of written requirements for
materials, equipment, systems, standards and workmanship as applied to the Work, and
certain administrative requirements and procedural matters applicable thereto. Specifications
may be specifically made a part of the Contract Documents by attachment or, if not attached,
may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00)
of each Project.
62. Subcontractor —An individual or entity having a direct contract with Contractor or with any
other Subcontractor for the performance of a part of the Work at the Site.
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63. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information
which are specifically prepared or assembled by or for Contractor and submitted by
Contractor to illustrate some portion of the Work.
64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City
makes an Award.
65. Superintendent — The representative of the Contractor who is available at all times and able
to receive instructions from the City and to act for the Contractor.
66. Supplementary Conditions —That part of the Contract Documents which amends or
supplements these General Conditions.
67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a
direct contract with Contractor or with any Subcontractor to furnish materials or equipment
to be incorporated in the Work by Contractor or Subcontractor.
68. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements
containing such facilities, including but not limited to, those that convey electricity, gases,
steam, liquid petroleum products, telephone or other communications, cable television,
water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.
69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition.
70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday,
Sunday or legal holiday, as approved in advance by the City.
71. Work —The entire construction or the various separately identifiable parts thereof required to
be provided under the Contract Documents. Work includes and is the result of performing or
providing all labor, services, and documentation necessary to produce such construction
including any Change Order or Field Order, and furnishing, installing, and incorporating all
materials and equipment into such construction, all as required by the Contract Documents.
72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal
holidays authorized by the City for contract purposes, in which weather or other conditions
not under the control of the Contractor will permit the performance of the principal unit of
work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in
the Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
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The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as
directed" or terms of like effect or import to authorize an exercise of judgment by City. In
addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or
adjectives of like effect or import are used to describe an action or determination of City as to
the Work. It is intended that such exercise of professional judgment, action, or determination
will be solely to evaluate, in general, the Work for compliance with the information in the
Contract Documents and with the design concept of the Project as a functioning whole as
shown or indicated in the Contract Documents (unless there is a specific statement indicating
otherwise).
C. Defective:
1. The word "defective," when modifying the word "Work," refers to Work that is
unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or
approval referred to in the Contract Documents; or
c. has been damaged prior to City's written acceptance.
D. Furnish, Install, Perform, Provide:
1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or
the word "Supply," or any combination or similar directive or usage thereof, shall mean
furnishing and incorporating in the Work including all necessary labor, materials, equipment,
and everything necessary to perform the Work indicated, unless specifically limited in the
context used.
E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known
technical or construction industry or trade meaning are used in the Contract Documents in
accordance with such recognized meaning.
ARTICLE 2 — PRELIMINARY MATTERS
2.01 Copies of Documents
City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the _
Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be
furnished upon request at the cost of reproduction.
2.02 Commencement of Contract Time; Notice to Proceed
The Contract Time will commence to run on the day indicated in the Notice to Proceed, A Notice to
Proceed may be given at any time within 14 days after the Effective Date of the Agreement.
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2.03 Starting the Work
Contractor shall start to perform the Work on the date when the Contract Time commences to run.
No Work shall be done at the Site prior to the date on which the Contract Time commences to run.
2.04 Before Starting Construction
Baseline Schedules: Submit in accordance with the Contract Documents, and prior to 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
thereof) 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
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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
1. Reference to standards, specifications, manuals, or codes of any technical society,
organization, or association, or to Laws or Regulations, whether such reference be specific or
by implication, 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 shall obtain a
written interpretation or clarification from City before proceeding with any Work affected
thereby. _
2. Contractor's Review of Contract Documents During Performance of Work. If, during the
performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy
within the Contract Documents, or between the Contract Documents and (a) any applicable
Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of
any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not
proceed with the Work affected thereby (except in an emergency as required by Paragraph
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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:
Except as may be otherwise specifically stated in the Contract Documents, the provisions of
the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or
discrepancy between the provisions of the Contract Documents and the provisions of any
standard, specification, manual, or the instruction of any Supplier (whether or not specifically
incorporated by reference in the Contract Documents).
2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall
govern over Specifications, Supplementary Conditions shall govern over General Conditions
and Specifications, and quantities shown on the Plans shall govern over those shown in the
proposal.
3.04 Amending and Supplementing Contract Documents
A. The Contract Documents may be amended to provide for additions, deletions, and revisions in
the Work or to modify the terms and conditions thereof by a Change Order.
B. The requirements of the Contract Documents may be supplemented, and minor variations and
deviations in the Work not involving a change in Contract Price or Contract Time, may be
authorized, by one or more of the following ways:
1. A Field Order;
2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or
3. City's written interpretation or clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier shall not:
1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or bearing the seal of Engineer,
including electronic media editions; or
2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of
the Project or any other project without written consent of City and specific written
verification or adaptation by Engineer.
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B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the �—
Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract
Documents for record purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer
to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the
printed copies included in the Contract Documents (also known as hard copies) and other
Specifications referenced and located on the City's 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 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of
general application but specifically related to use of the Site with which Contractor must comply
in performing the Work. City will obtain in a timely manner and pay for easements for
permanent structures or permanent changes in existing facilities.
The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or
easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in
accordance with the schedule set forth in the Supplementary Conditions. The Project
Schedule submitted by the Contractor in accordance with the Contract Documents must
consider any outstanding right-of-way, and/or easements.
2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site.
Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted
by the Contractor in accordance with the Contract Documents must consider any outstanding
utilities or obstructions to be removed, adjusted, and/or relocated by others.
B. Upon reasonable written request, City shall furnish Contractor with a current statement of record
legal title and legal description of the lands upon which the Work is to be performed.
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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:
PE 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.
Mt
4.03 Differing Subsurface or Physical Conditions
40 A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or
revealed either:
1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to
Ilk 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
M
3. differs materially from that shown or indicated in the Contract Documents; or
4. is of an unusual nature, and differs materially from conditions ordinarily encountered and
generally recognized as inherent in work of the character provided for in the Contract
Documents;
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then Contractor shall, promptly after becoming aware thereof and before further disturbing the .-.
subsurface or physical conditions or performing any Work in connection therewith (except in an
emergency as required by Paragraph 6.17.A), notify City in writing about such condition.
B. Possible Price and Time Adjustments
Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if:
1. Contractor knew of the existence of such conditions at the time Contractor made a final
commitment to City with respect to Contract Price and Contract Time by the submission of a
Bid or becoming bound under a negotiated contract; or
2. the existence of such condition could reasonably have been discovered or revealed as a result
of the examination of the Contract Documents or the Site; or
3. Contractor failed to give the written notice as required by Paragraph 4.03.A.
4.04 Underground Facilities
A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Site is based on
information and data furnished to City or Engineer by the owners of such Underground
Facilities, including City, or by others. Unless it is otherwise expressly provided in the
Supplementary Conditions:
1. City and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
2. the cost of all of the following will be included in the Contract Price, and Contractor shall
have full responsibility for:
a. reviewing and checking all such information and data;
b. locating all Underground Facilities shown or indicated in the Contract Documents;
c. coordination and adjustment of the Work with the owners of such Underground
Facilities, including City, during construction; and y
d. the safety and protection of all such Underground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated:
1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or
contiguous to the Site which was not shown or indicated, or not shown or indicated with
reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming
aware thereof and before further disturbing conditions affected thereby or performing any
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Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),
identify the owner of such Underground Facility and give notice to that owner and to City.
City will review the discovered Underground Facility and determine the extent, if any, to
which a change may be required in the Contract Documents to reflect and document the
consequences of the existence or location of the Underground Facility. Contractor shall be
responsible for the safety and protection of such discovered Underground Facility.
2. If City concludes that a change in the Contract Documents is required, a Change Order may
be issued to reflect and document such consequences.
3. Verification of existing utilities, structures, and service lines shall include notification of all
utility companies a minimum of 48 hours in advance of construction including exploratory
excavation if necessary.
4.05 Reference Points
A. City shall provide engineering surveys to establish reference points for construction, which in
City's judgment are necessary to enable Contractor to proceed with the Work. City will provide
construction stakes or other customary method of marking to establish line and grades for
roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall
protect and preserve the established reference points and property monuments, and shall make no
changes or relocations. Contractor shall report to City whenever any reference point or property
monument is lost or destroyed or requires relocation because of necessary changes in grades or
locations. The City shall be responsible for the replacement or relocation of reference points or
property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall
notify City in advance and with sufficient time to avoid delays.
B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or
willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full
cost for replacing such points plus 25% will be charged against the Contractor, and the full
amount will be deducted from payment due the Contractor.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings
known to City relating to Hazardous Environmental Conditions that have been identified at the
Site.
B. Limited Reliance by Contractor on Technical Data Authorized.• Contractor may rely upon the
accuracy of the "technical data" contained in such reports and drawings, but such reports and
drawings are not Contract Documents. Such "technical data" is identified in the Supplementary
Conditions. Contractor may not make any Contract Claim against City, or any of their officers,
directors, members, partners, employees, agents, consultants, or subcontractors with respect to:
1. the completeness of such reports and drawings for Contractor's purposes, including, but not
limited to, any aspects of the means, methods, techniques, sequences and procedures of
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construction to be employed by Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such
other data, interpretations, opinions or information.
C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or
revealed at the Site which was not shown or indicated in Drawings or Specifications or identified
in the Contract Documents to be within the scope of the Work. Contractor shall be responsible
for a Hazardous Environmental Condition created with any materials brought to the Site by
Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible.
D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall
immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with
such condition and in any area affected thereby (except in an emergency as required by
Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing).
City may consider the necessity to retain a qualified expert to evaluate such condition or take
corrective action, if any.
E. Contractor shall not be required to resume Work in connection with such condition or in any
affected area until after City has obtained any required permits related thereto and delivered
written notice to Contractor: (i) specifying that such condition and any affected area is or has
been rendered suitable for the resumption of Work; or (ii) specifying any special conditions
under which such Work may be resumed.
F. If after receipt of such written notice Contractor does not agree to resume such Work based on a
reasonable belief it is unsafe, or does not agree to resume such Work under such special
conditions, then City may order the portion of the Work that is in the area affected by such _
condition to be deleted from the Work. City may have such deleted portion of the Work
performed by City's own forces or others.
G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless City, from and against all claims, costs, losses, and damages (including but not limited
to all fees and charges of engineers, architects, attorneys, and other professionals and all court
or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous
Environmental Condition created by Contractor or by anyone for whom Contractor is
responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any
individual or entity from and against the consequences of that individual's or entity's own —
negligence.
H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental {
Condition uncovered or revealed at the Site.
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ARTICLE 5 — BONDS AND INSURANCE
5.01 Licensed Sureties and Insurers
All bonds and insurance required by the Contract Documents to be purchased and maintained by
Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized
in the State of Texas to issue bonds or insurance policies for the limits and coverages so required.
# Such surety and insurance companies shall also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.02 Performance, Payment, and Maintenance Bonds
A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government
Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as
security for the faithful performance and payment of all of Contractor's obligations under the
Contract Documents.
B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security
to protect the City against any defects in any portion of the Work described in the Contract
Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final
Acceptance by the City.
C. All bonds shall be in the form prescribed by the Contract Documents except as provided
- otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list
of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and
as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial
Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed
by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney
which shall show that it is effective on the date the agent or attorney -in -fact signed each bond.
D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in the State of Texas or it ceases to meet the requirements of
Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event
giving rise to such notification, provide another bond and surety, both of which shall comply
with the requirements of Paragraphs 5.01 and 5.02.C.
5.03 Certificates of Insurance
Contractor shall deliver to City, with copies to each additional insured and loss payee identified in
the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested
by City or any other additional insured) which Contractor is required to purchase and maintain.
1. The certificate of insurance shall document the City, and all identified entities named in the
Supplementary Conditions as "Additional Insured" on all liability policies.
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2. The Contractor's general liability insurance shall include a, "per project" or "per location",
endorsement, which shall be identified in the certificate of insurance provided to the City.
3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the
insured, be complete in its entirety, and show complete insurance carrier names as listed in
the current A.M. Best Property & Casualty Guide
4. The insurers for all policies must be licensed and/or approved to do business in the State of
Texas. Except for workers' compensation, all insurers must have a minimum rating of A-:
VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is below that
required, written approval of City is required.
All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor
of the City. In addition, the Contractor agrees to waive all rights of subrogation against the
Engineer (if applicable), and each additional insured identified in the Supplementary
Conditions
6. Failure of the City to demand such certificates or other evidence of full compliance with the
insurance requirements or failure of the City to identify a deficiency from evidence that is
provided shall not be construed as a waiver of Contractor's obligation to maintain such lines
of insurance coverage.
7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess
Liability insurance for any differences is required. Excess Liability shall follow form of the
primary coverage.
8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If
coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with ..
or prior to the date of the effective date of the agreement and the certificate of insurance shall
state that the coverage is claims -made and the retroactive date. The insurance coverage shall
be maintained for the duration of the Contract and for three (3) years following Final
Acceptance provided under the Contract Documents or for the warranty period, whichever is
longer. An annual certificate of insurance submitted to the City shall evidence such
insurance coverage.
9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the
required lines of coverage, nor decrease the limits of said coverage unless such endorsements
are approved in writing by the City. In the event a Contract has been bid or executed and the
exclusions are determined to be unacceptable or the City desires additional insurance
coverage, and the City desires the contractor/engineer to obtain such coverage, the contract
price shall be adjusted by the cost of the premium for such additional coverage plus 10%. —
10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance
coverage shall be approved by the City in regards to asset value and stockholders' equity. In
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lieu of traditional insurance, alternative coverage maintained through insurance pools or risk
retention groups, must also be approved by City.
11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a
first -dollar basis, must be acceptable to and approved by the City.
12. City, at its sole discretion, reserves the right to review the insurance requirements and to
make reasonable adjustments to insurance coverage's and their limits when deemed
necessary and prudent by the City based upon changes in statutory law, court decision or the
claims history of the industry as well as of the contracting party to the City. The City shall
be required to provide prior notice of 90 days, and the insurance adjustments shall be
incorporated into the Work by Change Order.
13. City shall be entitled, upon written request and without expense, to receive copies of policies
and endorsements thereto and may make any reasonable requests for deletion or revision or
modifications of particular policy terms, conditions, limitations, or exclusions necessary to
conform the policy and endorsements to the requirements of the Contract. Deletions,
revisions, or modifications shall not be required where policy provisions are established by
law or regulations binding upon either party or the underwriter on any such policies.
14. City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
5.04 Contractor's Insurance
A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such
insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers'
Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for
Employers' Liability as is appropriate for the Work being performed and as will provide
protection from claims set forth below which may arise out of or result from Contractor's
performance of the Work and Contractor's other obligations under the Contract Documents,
whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly
or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts
any of them may be liable:
1. claims under workers' compensation, disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury, occupational sickness or disease, or death of
Contractor's employees.
B. Commercial General Liability. Coverage shall include but not be limited to covering liability
(bodily injury or property damage) arising from: premises/operations, independent contractors,
products/completed operations, personal injury, and liability under an insured contract. Insurance
_ shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services
Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other
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insurance or self-insurance programs afforded to the City. The Commercial General Liability --
policy, shall have no exclusions by endorsements that would alter of nullify premises/operations,
products/completed operations, contractual, personal injury, or advertising injury, which are
normally contained with the policy, unless the City approves such exclusions in writing. —
For construction projects that present a substantial completed operation exposure, the City may
require the contractor to maintain completed operations coverage for a minimum of no less than
three (3) years following the completion of the project (if identified in the Supplementary
Conditions).
C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto",
defined as autos owned, hired and non -owned and provide indemnity for claims for damages
because bodily injury or death of any person and or property damage arising out of the work,
maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by
anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone
for whose acts any of them may be liable.
D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of
railroad right-of-way, the Contractor shall comply with the requirements identified in the
Supplementary Conditions.
E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation
or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section.
5.05 Acceptance of Bonds and Insurance; Option to Replace
If City has any objection to the coverage afforded by or other provisions of the bonds or insurance
required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis
of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing
within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor
shall provide to the City such additional information in respect of insurance provided as the City may
reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance
required by the Contract Documents, the City shall notify the Contractor in writing of such failure
prior to the start of the Work, or of such failure to maintain prior to any change in the required _
coverage.
ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES
6.01 Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the
Work in accordance with the Contract Documents. Contractor shall be solely responsible for the
means, methods, techniques, sequences, and procedures of construction.
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.- B. At all times during the progress of the Work, Contractor shall assign a competent, English-
speaking, Superintendent who shall not be replaced without written notice to City. The
Superintendent will be Contractor's representative at the Site and shall have authority to act on
behalf of Contractor. All communication given to or received from the Superintendent shall be
binding on Contractor.
C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of
construction.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably qualified personnel to perform construction as
required by the Contract Documents. Contractor shall at all times maintain good discipline and
order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at
the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work
at the Site shall be performed during Regular Working Hours. Contractor will not permit the
performance of Work beyond Regular Working Hours or for Weekend Working Hours without
City's written consent (which will not be unreasonably withheld). Written request (by letter or
electronic communication) to perform Work:
1. for beyond Regular Working Hours request must be made by noon at least two (2) Business
Days prior
2. for Weekend Working Hours request must be made by noon of the preceding Thursday
3. for legal holidays request must be made by noon two Business Days prior to the legal
holiday.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor, transportation, construction equipment
and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities,
temporary facilities, and all other facilities and incidentals necessary for the performance,
Contractor required testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into the Work shall be as specified or, if not specified,
shall be of good quality and new, except as otherwise provided in the Contract Documents. All
special warranties and guarantees required by the Specifications shall expressly run to the benefit
of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of
required tests) as to the source, kind, and quality of materials and equipment.
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C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed,
connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of
the applicable Supplier, except as otherwise may be provided in the Contract Documents.
D. All items of standard equipment to be incorporated into the Work shall be the latest model at the
time of bid, unless otherwise specified.
6.04 Project Schedule
A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07
and the General Requirements as it may be adjusted from time to time as provided below.
1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and
the General Requirements) proposed adjustments in the Project Schedule that will not result
in changing the Contract Time. Such adjustments will comply with any provisions of the
General Requirements applicable thereto.
2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment
for the duration of the Contract in accordance with the schedule specification 0132 16.
Proposed adjustments in the Project Schedule that will change the Contract Time shall be
submitted in accordance with the requirements of Article 12. Adjustments in Contract Time
may only be made by a Change Order.
6.05 Substitutes and "Or -Equals "
A. Whenever an item of material or equipment is specified or described in the Contract Documents
by using the name of a proprietary item or the name of a particular Supplier, the specification or
description is intended to establish the type, function, appearance, and quality required. Unless
the specification or description contains or is followed by words reading that no like, equivalent, —
or "or -equal" item or no substitution is permitted, other items of material or equipment of other
Suppliers may be submitted to City for review under the circumstances described below.
1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in
related Work will be required, it may be considered by City as an "or -equal" item, in which _
case review and approval of the proposed item may, in City's sole discretion, be
accomplished without compliance with some or all of the requirements for approval of
proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of _
material or equipment will be considered functionally equal to an item so named if:
a. the City determines that:
1) it is at least equal in materials of construction, quality, durability, appearance,
strength, and design characteristics;
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2) it will reliably perform at least equally well the function and achieve the results
imposed by the design concept of the completed Project as a functioning whole; and
3) it has a proven record of performance and availability of responsive service; and
b. Contractor certifies that, if approved and incorporated into the Work:
1) there will be no increase in cost to the City or increase in Contract Time; and
2) it will conform substantially to the detailed requirements of the item named in the
Contract Documents.
2. Substitute Items:
a. If in City's sole discretion an item of material or equipment proposed by Contractor does
not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a
proposed substitute item.
b. Contractor shall submit sufficient information as provided below to allow City to
determine if the item of material or equipment proposed is essentially equivalent to that
T named and an acceptable substitute therefor. Requests for review of proposed substitute
items of material or equipment will not be accepted by City from anyone other than
Contractor.
c. Contractor shall make written application to City for review of a proposed substitute item
of material or equipment that Contractor seeks to furnish or use. The application shall
comply with Section 01 25 00 and:
1) shall certify that the proposed substitute item will:
a) perform adequately the functions and achieve the results called for by the general
design;
b) be similar in substance to that specified;
c) be suited to the same use as that specified; and
2) will state:
a) the extent, if any, to which the use of the proposed substitute item will prejudice
Contractor's achievement of final completion on time;
b) whether use of the proposed substitute item in the Work will require a change in
any of the Contract Documents (or in the provisions of any other direct contract
with City for other work on the Project) to adapt the design to the proposed
substitute item;
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c) whether incorporation or use of the proposed substitute item in connection with
the Work is subject to payment of any license fee or royalty; and
3) will identify:
a) all variations of the proposed substitute item from that specified;
b) available engineering, sales, maintenance, repair, and replacement services; and
4) shall contain an itemized estimate of all costs or credits that will result directly or
indirectly from use of such substitute item, including costs of redesign and Damage
Claims of other contractors affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique, —
sequence, or procedure of construction is expressly required by the Contract Documents,
Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure
of construction approved by City. Contractor shall submit sufficient information to allow City, in
City's sole discretion, to determine that the substitute proposed is equivalent to that expressly
called for by the Contract Documents. Contractor shall make written application to City for
review in the same manner as those provided in Paragraph 6.05.A.2. ..
C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require
Contractor to furnish additional data about the proposed substitute. City will be the sole judge of
acceptability_. No "or -equal" or substitute will be ordered, installed or utilized until City's review
is complete, which will be evidenced by a Change Order in the case of a substitute and an
accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination.
D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special
performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall '
indemnify and hold harmless City and anyone directly or indirectly employed by them from and
against any and all claims, damages, losses and expenses (including attorneys fees) arising out
of the use of substituted materials or equipment.
E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or
submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City
approves a substitute so proposed or submitted by Contractor, Contractor may be required to
reimburse City for evaluating each such proposed substitute. Contractor may also be required to
reimburse City for the charges for making changes in the Contract Documents (or in the —
provisions of any other direct contract with City) resulting from the acceptance of each proposed
substitute.
F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or
"or -equal" at Contractor's expense.
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G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a
substitute shall be incorporated to the Contract by Change Order.
H. Time Extensions: No additional time will be granted for substitutions.
6.06 Concerning Subcontractors, Suppliers, and Others
A. Contractor shall perform with his own organization, work of a value not less than 35% of the
value embraced on the Contract, unless otherwise approved by the City.
B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether
initially or as a replacement, against whom City may have reasonable objection. Contractor shall
not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has reasonable objection (excluding those
acceptable to City as indicated in Paragraph 6.06.C).
C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other
individuals or entities on the project, and will provide such requirements in the Supplementary
Conditions.
D. Minority and Women Owned Business Enterprise Compliance: It is City policy to ensure the full
and equitable participation by Minority and Women Business Enterprises (MWBE) in the
procurement of goods and services on a contractual basis. If the Contract Documents provide for
a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance
(as amended) by the following:
1. Contractor shall, upon request by City, provide complete and accurate information regarding
actual work performed by a MWBE on the Contract and payment therefor.
' 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without
written consent of the City. Any unjustified change or deletion shall be a material breach of
Contract and may result in debarment in accordance with the procedures outlined in the
Ordinance.
3. Contractor shall, upon request by City, allow an audit and/or examination of any books,
., records, or files in the possession of the Contractor that will substantiate the actual work
performed by an MWBE. Material misrepresentation of any nature will be grounds for
termination of the Contract in accordance with Paragraph 15.02.A. Any such
misrepresentation may be grounds for disqualification of Contractor to bid on future
contracts with the City for a period of not less than three years.
E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors,
Suppliers, and other individuals or entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract
Documents:
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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 shall be retained by the City to offset its
administrative costs, pursuant to Texas Government Code 2258.023.
C. Complaints of Violations and City Determination of Good Cause. On receipt of information,
including a complaint by a worker, concerning an alleged violation of 2258.023, Texas —
Government Code, by a Contractor or Subcontractor, the City shall make an initial
determination, before the 31 st day after the date the City receives the information, as to whether
good cause exists to believe that the violation occurred. The City shall notify in writing the -'
Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's
determination that there is good cause to believe the Contractor or Subcontractor has violated
Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the
difference between wages paid and wages due under the prevailing wage rates, such amounts
being subtracted from successive progress payments pending a final determination of the
violation.
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R D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of
Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected
worker, shall be submitted to binding arbitration in accordance with the Texas General
,. Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any
affected worker does not resolve the issue by agreement before the l5th day after the date the
City makes its initial determination pursuant to Paragraph C above. If the persons required to
Y arbitrate under this section do not agree on an arbitrator before the I Ith day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the
persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3)
years following the date of acceptance of the work, maintain records that show (i) the name and
occupation of each worker employed by the Contractor in the construction of the Work provided
for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right
to Audit, shall pertain to this inspection.
F. Progress Payments. With each progress payment or payroll period, whichever is less, the
Contractor shall submit an affidavit stating that the Contractor has complied with the
requirements of Chapter 2258, Texas Government Code.
G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at
all times.
H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall
otherwise require all of its Subcontractors to comply with Paragraphs A through G above.
6.08 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process,
product, or device which is the subject of patent rights or copyrights held by others. If a
particular invention, design, process, product, or device is specified in the Contract Documents
for use in the performance of the Work and if, to the actual knowledge of City, its use is subject
to patent rights or copyrights calling for the payment of any license fee or royalty to others, the
existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City
to disclose such information does not relieve the Contractor from its obligations to pay for the
use of said fees or royalties to others.
B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
Y 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 performance of the Work or resulting from
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the incorporation in the Work of any invention, design, process, product, or device not specified
in the Contract Documents.
6.09 Permits and Utilities
A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction
permits and licenses except those provided for in the Supplementary Conditions or Contract
Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses.
Contractor shall pay all governmental charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the
Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13.
City shall pay all charges of utility owners for connections for providing permanent service to the
Work.
B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as
provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's
responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the
Contract and the City approves the changes, the Contractor is responsible for obtaining
clearances and coordinating with the appropriate regulatory agency. The City will not reimburse
the Contractor for any cost associated with these requirements of any City acquired permit. The
following are permits the City will obtain if required:
1. Texas Department of Transportation Permits
2. U.S. Army Corps of Engineers Permits
3. Texas Commission on Environmental Quality Permits
4. Railroad Company Permits
C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits
and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance
with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by
the Contractor in accordance with the Contract Documents must consider any outstanding
permits and licenses.
6.10 Laws and Regulations
A. Contractor shall give all notices required by and shall comply with all Laws and Regulations
applicable to the performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's
compliance with any Laws or Regulations.
B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
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court or arbitration or other dispute resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of
Contractor's obligations under Paragraph 3.02.
C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on
the cost or time of performance of the Work may be the subject of an adjustment in Contract
Price or Contract Time.
6.11 Taxes
A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to
Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may
purchase, rent or lease all materials, supplies and equipment used or consumed in the
performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax,
said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption
certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the
Provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the
Texas Tax Code, Subchapter H.
B. Texas Tax permits and information may be obtained from:
.. 1. Comptroller of Public Accounts
Sales Tax Division
Capitol Station
Austin, TX 78711; or
2. htti)://www.window.state.tx.us/taxinfo/taxfon-ns/93-forms.htmi
6.12 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas:
1. Contractor shall confine construction equipment, the storage of materials and equipment, and
the operations of workers to the Site and other areas permitted by Laws and Regulations, and
shall not unreasonably encumber the Site and other areas with construction equipment or
other materials or equipment. Contractor shall assume full responsibility for any damage to
any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is
carrying on operations in a portion of a street, right-of-way, or easement greater than is
necessary for proper execution of the Work, the City may require the Contractor to finish the
section on which operations are in progress before work is commenced on any additional
area of the Site.
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3. Should any Damage Claim be made by any such owner or occupant because of the i-
performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim.
4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and
against all claims, costs, losses, and damages arising out of or relating to any claim or
action, legal or equitable, brought by any such owner or occupant against City.
B. Removal of Debris During Performance of the Work: During the progress of the Work
Contractor shall keep the Site and other areas free from accumulations of waste materials,
rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other
debris shall conform to applicable Laws and Regulations.
C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the
clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor
fails to correct the unsatisfactory procedure, the City may take such direct action as the City
deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written
notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of —
such costs, shall be deducted from the monies due or to become due to the Contractor.
D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and
the Work and make it ready for utilization by City or adjacent property owner. At the completion
of the Work Contractor shall remove from the Site all tools, appliances, construction equipment
and machinery, and surplus materials and shall restore to original condition or better all property
disturbed by the Work.
E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded
in any manner that will endanger the structure, nor shall Contractor subject any part of the Work
or adjacent property to stresses or pressures that will endanger it.
6.13 Record Documents
A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and
approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change
Orders, Field Orders, and written interpretations and clarifications in good order and annotated to
show changes made during construction. These record documents together with all approved
Samples and a counterpart of all accepted Submittals will be available to City for reference.
Upon completion of the Work, these record documents, any operation and maintenance manuals,
and Submittals will be delivered to City prior to Final Inspection. Contractor shall include
accurate locations for buried and imbedded items. —
6.14 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. Such responsibility does not relieve
Subcontractors of their responsibility for the safety of persons or property in the performance of _
their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall
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take all necessary precautions for the safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected by the Work;
2. all the Work and materials and equipment to be incorporated therein, whether in storage on
or off the Site; and
3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities, and Underground Facilities not designated for
removal, relocation, or replacement in the course of construction.
B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of
persons or property, or to the protection of persons or property from damage, injury, or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall
notify owners of adjacent property and of Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection,
removal, relocation, and replacement of their property.
C. Contractor shall comply with the applicable requirements of City's safety programs, if any.
D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any,
with which City's employees and representatives must comply while at the Site.
E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused,
directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any
other individual or entity directly or indirectly employed by any of them to perform any of the
Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
-- F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue
until such time as all the Work is completed and City has accepted the Work.
6.15 Safety Representative
Contractor shall inform City in writing of Contractor's designated safety representative at the Site.
6.16 Hazard Communication Programs
Contractor shall be responsible for coordinating any exchange of material safety data sheets or other
r hazard communication information required to be made available to or exchanged between or among
employers in accordance with Laws or Regulations.
-- 6.17 Emergencies and/or Rectification
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss.
Contractor shall give City prompt written notice if Contractor believes that any significant
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changes in the Work or variations from the Contract Documents have been caused thereby or are
required as a result thereof. If City determines that a change in the Contract Documents is
required because of the action taken by Contractor in response to such an emergency, a Change
Order may be issued. --
B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies,
omissions, or correction necessary to conform with the requirements of the Contract Documents,
the City shall give the Contractor written notice that such work or changes are to be performed.
The written notice shall direct attention to the discrepant condition and request the Contractor to
take remedial action to correct the condition. In the event the Contractor does not take positive
steps to fulfill this written request, or does not show just cause for not taking the proper action,
within 24 hours, the City may take such remedial action with City forces or by contract. The City
shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any
funds due or become due the Contractor on the Project.
6.18 Submittals
A. Contractor shall submit required Submittals to City for review and acceptance in accordance
with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be
identified as City may require.
1. Submit number of copies specified in the General Requirements.
2. Data shown on the Submittals will be complete with respect to quantities, dimensions,
specified performance and design criteria, materials, and similar data to show City the
services, materials, and equipment Contractor proposes to provide and to enable City to
review the information for the limited purposes required by Paragraph 6.18.C.
3. Submittals submitted as herein provided by Contractor and reviewed by City for
conformance with the design concept shall be executed in conformity with the Contract
Documents unless otherwise required by City.
4. When Submittals are submitted for the purpose of showing the installation in greater detail,
their review shall not excuse Contractor from requirements shown on the Drawings and
Specifications.
5. For -Information -Only submittals upon which the City is not expected to conduct review or
take responsive action may be so identified in the Contract Documents.
6. Submit required number of Samples specified in the Specifications.
7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as City may require to enable City to review the
submittal for the limited purposes required by Paragraph 6.18.C.
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B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any
related Work performed prior to City's review and acceptance of the pertinent submittal will be
at the sole expense and responsibility of Contractor.
C. City's Review:
1. City will provide timely review of required Submittals in accordance with the Schedule of
Submittals acceptable to City. City's review and acceptance will be only to determine if the
items covered by the submittals will, after installation or incorporation in the Work, conform
to the information given in the Contract Documents and be compatible with the design
concept of the completed Project as a functioning whole as indicated by the Contract
Documents.
2. City's review and acceptance will not extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular means, method, technique, sequence,
or procedure of construction is specifically and expressly called for by the Contract
Documents) or to safety precautions or programs incident thereto. The review and acceptance
of a separate item as such will not indicate approval of the assembly in which the item
functions.
3. City's review and acceptance shall not relieve Contractor from responsibility for any
variation from the requirements of the Contract Documents unless Contractor has complied
with the requirements of Section 01 33 00 and City has given written acceptance of each
such variation by specific written notation thereof incorporated in or accompanying the
Submittal. City's review and acceptance shall not relieve Contractor from responsibility for
complying with the requirements of the Contract Documents,
6.19 Continuing the Work
Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule
during all disputes or disagreements with City. No Work shall be delayed or postponed pending
resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in
writing.
6.20 Contractor's General Warranty and Guarantee
A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract
Documents and will not be defective. City and its officers, directors, members, partners,
employees, agents, consultants, and subcontractors shall be entitled to rely on representation of
Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance or operation by persons other than Contractor,
Subcontractors, Suppliers, or any other individual or entity for whom Contractor is
` responsible; or
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2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will constitute an acceptance of Work that is
not in accordance with the Contract Documents or a release of Contractor's obligation to perform
the Work in accordance with the Contract Documents:
1. observations by City;
2, recommendation or payment by City of any progress or final payment;
3. the issuance of a certificate of Final Acceptance -by City or any payment related thereto by
City;
4. use or occupancy of the Work or any part thereof by City;
5. any review and acceptance of a Submittal by City;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by City.
D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to
other work or property resulting therefrom which shall appear within a period of two (2) years Y'
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
5.02.13. The City will give notice of observed defects with reasonable promptness. —
6.21 Indemnification
A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own
expense, the City, its officers, servants and employees, from and against any and all claims
arising out of, or alleged to arise out of, the work and services to be performed by the
Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this
Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO
OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL
OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN
PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity
provision is intended to include, without limitation, indemnity for costs, expenses and legal T
fees incurred by the City in defending against such claims and causes of actions.
B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the
City, its officers, servants and employees, from and against any and all loss, damage or
destruction of property of the City, arising out of, or alleged to arise out of, the work and
services to be performed by the Contractor, its officers, agents, employees, subcontractors,
licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS "
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.. SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS
ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT
WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR
NEGLIGENCE OF THE CITY.
6.22 Delegation of Professional Design Services
A. Contractor will not be required to provide professional design services unless such services are
specifically required by the Contract Documents for a portion of the Work or unless such
services are required to carry out Contractor's responsibilities for construction means, methods,
techniques, sequences and procedures.
B. If professional design services or certifications by a design professional related to systems,
materials or equipment are specifically required of Contractor by the Contract Documents, City
will specify all performance and design criteria that such services must satisfy. Contractor shall
cause such services or certifications to be provided by a properly licensed professional, whose
signature and seal shall appear on all drawings, calculations, specifications, certifications, and
Submittals prepared by such professional. Submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such professional's written approval when
�. submitted to City.
C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services,
certifications or approvals performed by such design professionals, provided City has specified
to Contractor performance and design criteria that such services must satisfy.
D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design
drawings will be only for the limited purpose of checking for conformance with performance and
design criteria given and the design concept expressed in the Contract Documents. City's review
and acceptance of Submittals (except design calculations and design drawings) will be only for
the purpose stated in Paragraph 6.18.C.
6.23 Right to Audit
A. The Contractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of the Contractor involving transactions relating
to this Contract. Contractor agrees that the City shall have access during Regular Working Hours
to all necessary Contractor facilities and shall be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this Paragraph. The City shall
give Contractor reasonable advance notice of intended audits.
W B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that
the subcontractor agrees that the City shall, until the expiration of three (3) years after final
payment under this Contract, have access to and the right to examine and photocopy any directly
pertinent books, documents, papers, and records of such Subcontractor, involving transactions to
the subcontract, and further, that City shall have access during Regular Working Hours to all
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Subcontractor facilities, and shall be provided adequate and appropriate work space in order to -�
conduct audits in compliance with the provisions of this Paragraph. The City shall give
Subcontractor reasonable advance notice of intended audits.
C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the
City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate
published in the Texas Administrative Code in effect as of the time copying is performed.
6.24 Nondiscrimination
A. The City is responsible for operating Public Transportation Programs and implementing transit -
related projects, which are funded in part with Federal financial assistance awarded by the U.S.
Department of Transportation and the Federal Transit Administration (FTA), without
discriminating against any person in the United States on the basis of race, color, or national
origin.
B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of
the Act and the Regulations as further defined in the Supplementary Conditions for any project
receiving Federal assistance.
ARTICLE 7 — OTHER WORK AT THE 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.
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wft7.02 Coordination
A. if City intends to contract with others for the performance of other work on the Project at the
t
Site, the following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such
_. coordination.
FM
ARTICLE 8 — CITY'S RESPONSIBILITIES
8.01 Communications to Contractor
Except as otherwise provided in the Supplementary Conditions, City shall issue all communications
to Contractor.
8.02 Furnish Data
City shall timely furnish the data required under the Contract Documents.
8.03 Pay When Due
City shall make payments to Contractor in accordance with Article 14.
8.04 Lands and Easements; Reports and Tests
City's duties with respect to providing lands and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's
identifying and making available to Contractor copies of reports of explorations and tests of
subsurface conditions and drawings of physical conditions relating to existing surface or subsurface
structures at or contiguous to the Site that have been utilized by City in preparing the Contract
Documents.
8.05 Change Orders
City shall execute Change Orders in accordance with Paragraph 10.03.
8.06 Inspections, Tests, and Approvals
City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
WL 13.03.
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8.07 Limitations on City's Responsibilities
A. The City shall not supervise, direct, or have control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. City will not be responsible for
Contractor's failure to perform the Work in accordance with the Contract Documents.
B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14.
8.08 Undisclosed Hazardous Environmental Condition
City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth
in Paragraph 4.06.
8.09 Compliance with Safety Program
While at the Site, City's employees and representatives shall comply with the specific applicable
requirements of Contractor's safety programs of which City has been informed pursuant to
Paragraph 6.14.
ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION
9.01 City's Project Representative
City will provide one or more Project Representative(s) during the construction period. The duties
and responsibilities and the limitations of authority of City's representative during construction are
set forth in the Contract Documents. The Project Representative(s) will be as provided in the
Supplementary Conditions.
9.02 Visits to Site
A. City's Project Representative will make visits to the Site at intervals appropriate to the various
stages of construction as City deems necessary in order to observe the progress that has been
made and the quality of the various aspects of Contractor's executed Work. Based on
information obtained during such visits and observations, City's Project Representative will _
determine, in general, if the Work is proceeding in accordance with the Contract Documents.
City's Project Representative will not be required to make exhaustive or continuous inspections
on the Site to check the quality or quantity of the Work. City's Project Representative's efforts
will be directed toward providing City a greater degree of confidence that the completed Work
will conform generally to the Contract Documents.
B. City's Project Representative's visits and observations are subject to all the limitations on
authority and responsibility in the Contract Documents including those set forth in Paragraph
8.07.
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9.03 Authorized Variations in Work
City's Project Representative may authorize minor variations in the Work from the requirements of
the Contract Documents which do not involve an adjustment in the Contract Price or the Contract
Time and are compatible with the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. These may be accomplished by a Field Order and will be
binding on City and also on Contractor, who shall perform the Work involved promptly.
9.04 Rejecting Defective Work
City will have authority to reject Work which City's Project Representative believes to be defective,
or will not produce a completed Project that conforms to the Contract Documents or that will
prejudice the integrity of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents. City will have authority to conduct special inspection or
testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or
completed.
9.05 Determinations for Work Performed
Contractor will determine the actual quantities and classifications of Work performed. City's Project
Representative will review with Contractor the preliminary determinations on such matters before
rendering a written recommendation. City's written decision will be final (except as modified to
reflect changed factual conditions or more accurate data).
9.06 Decisions on Requirements of Contract Documents and Acceptability of Work
A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the
acceptability of the Work thereunder.
B. City will render a written decision on any issue referred.
C. City's written decision on the issue referred will be final and binding on the Contractor, subject
to the provisions of Paragraph 10.06.
ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, City may, at any time or from
time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly
proceed with the Work involved which will be performed under the applicable conditions of the
Contract Documents (except as otherwise specifically provided). Extra Work shall be
memorialized by a Change Order which may or may not precede an order of Extra work.
B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field
Order may be issued by the City.
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10.02 Unauthorized Changes in the Work
Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any work performed that is not required by the Contract Documents as
amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an
emergency as provided in Paragraph 6.17.
10.03 Execution of Change Orders
A. City and Contractor shall execute appropriate Change Orders covering:
1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii)
required because of acceptance of defective Work under Paragraph 13.08 or City's correction
of defective Work under Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract Time which are agreed to by the parties, including
any undisputed sum or amount of time for Work actually performed.
10.04 Extra Work
A. Should a difference arise 4 to what does or does not constitute Extra Work, or as to the payment
thereof, and the City insists upon its performance, the Contractor shall proceed with the work
after making written request for written orders and shall keep accurate account of the actual
reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to
Paragraph 10.06.
B. The Contractor shall furnish the City such installation records of all deviations from the original -�
Contract Documents as may be necessary to enable the City to prepare for permanent record a
corrected set of plans showing the actual installation.
C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall
be a full, complete and final payment for all costs Contractor incurs as a result or relating to the
change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that
time, including without limitation, any costs for delay, extended overhead, ripple or impact cost,
or any other effect on changed or unchanged work as a result of the change or Extra Work.
10.05 Notification to Surety
If the provisions of any bond require notice to be given to a surety of any change affecting the
general scope of the Work or the provisions of the Contract Documents (including, but not limited
to, Contract Price or Contract Time), the giving of any such notice will be Contractor's
responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the
effect of any such change.
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10.06 Contract Claims Process
A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph
14,09, shall be referred to the City for decision. A decision by City, shall be required as a
condition precedent to any exercise by Contractor of any rights or remedies he may otherwise
have under the Contract Documents or by Laws and Regulations in respect of such Contract
Claims.
B. Notice:
-- 1. Written notice stating the general nature of each Contract Claim shall be delivered by the
Contractor to City no later than 15 days after the start of the event giving rise thereto. The
responsibility to substantiate a Contract Claim shall rest with the party making the Contract
Claim.
2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered
to the City on or before 45 days from the start of the event giving rise thereto (unless the City
allows additional time for Contractor to submit additional or more accurate data in support of
such Contract Claim).
3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with
the provisions of Paragraph 12.01.
4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with
the provisions of Paragraph 12.02.
5. Each Contract Claim shall be accompanied by Contractor's written statement that the
adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a
result of said event.
6. The City shall submit any response to the Contractor within 30 days after receipt of the
claimant's last submittal (unless Contract allows additional time).
C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last
submittal of the Contractor, if any, take one of the following actions in writing:
1. deny the Contract Claim in whole or in part;
2. approve the Contract Claim; or
3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's
sole discretion, it would be inappropriate for the City to do so. For purposes of further
} resolution of the Contract Claim, such notice shall be deemed a denial.
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D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or
Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such
action or denial.
E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not
submitted in accordance with this Paragraph 10.06.
ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS
QUANTITY MEASUREMENT
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the
Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to
Contractor will be only those additional or incremental costs required because of the change in
the Work. Such costs shall not include any of the costs itemized in Paragraph 11.0l .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
salaries and wages plus the cost of fringe benefits, which shall include social security
contributions, unemployment, excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto.
The expenses of performing Work outside of Regular Working Hours, Weekend
Working Hours, or legal holidays, shall be included in the above to the extent authorized —
by City.
2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection
therewith.
3. Rentals of all construction equipment and machinery, and the parts thereof whether rented
from Contractor or others in accordance with rental agreements approved by City, and the
costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All
such costs shall be in accordance with the terms of said rental agreements. The rental of any
such equipment, machinery, or parts shall cease when the use thereof is no longer necessary
for the Work.
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.. 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. if
required by City, Contractor shall obtain competitive bids from subcontractors acceptable to
City and Contractor and shall deliver such bids to City, who will then determine, which bids,
if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on
the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall
be determined in the same manner as Contractor's Cost of the Work and fee as provided in
this Paragraph 11.01.
5. Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys, and accountants) employed for services specifically related
M to the Work.
6. Supplemental costs including the following:
a. The proportion of necessary transportation, travel, and subsistence expenses of
Contractor's employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary facilities at the Site, and hand tools not
owned by the workers, which are consumed in the performance of the Work, and cost,
less market value, of such items used but not consumed which remain the property of
Contractor.
c. Sales, consumer, use, and other similar taxes related to the Work, and for which
Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and
Regulations.
d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or
anyone directly or indirectly employed by any of them or for whose acts any of them may
be liable, and royalty payments and fees for permits and licenses.
e. Losses and damages (and related expenses) caused by damage to the Work, not
compensated by insurance or otherwise, sustained by Contractor in connection with the
performance of the Work, provided such losses and damages have resulted from causes
other than the negligence of Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable. Such
losses shall include settlements made with the written consent and approval of City. No
such losses, damages, and expenses shall be included in the Cost of the Work for the
purpose of determining Contractor's fee.
f. The cost of utilities, fuel, and sanitary facilities at the Site.
g. Minor expenses such as telegrams, long distance telephone calls, telephone and
communication services at the Site, express and courier services, and similar petty cash
items in connection with the Work.
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h. The costs of premiums for all bonds and insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work shall not include any of the following items:
1. Payroll costs and other compensation of Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers, safety managers, engineers,
architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents,
expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the
Site or in Contractor's principal or branch office for general administration of the Work and
not specifically included in the agreed upon schedule of job classifications referred to in T
Paragraph 11.01.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be
considered administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch offices other than Contractor's office at the
S ite.
3. Any part of Contractor's capital expenses, including interest on Contractor's capital
employed for the Work and charges against Contractor for delinquent payments.
4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them may be liable, including but not
limited to, the correction of defective Work, disposal of materials or equipment wrongly =
supplied, and making good any damage to property.
5. Other overhead or general expense costs of any kind.
C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee
shall be determined as set forth in the Agreement. When the value of any Work covered by a
Change Order for an adjustment in Contract Price is determined on the basis of Cost of the
Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to —
Paragraphs 11.01.A and 11.01.13, Contractor will establish and maintain records thereof in
accordance with generally accepted accounting practices and submit in a form acceptable to City
an itemized cost breakdown together with supporting data.
11.02 Allowances
A. Specified Allowance: It is understood that Contractor has included in the Contract Price all
allowances so named in the Contract Documents and shall cause the Work so covered to be
performed for such sums and by such persons or entities as may be acceptable to City. .�
B. Pre -bid Allowances:
1. Contractor agrees that:
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a. the pre -bid allowances include the cost to Contractor of materials and equipment required
by the allowances to be delivered at the Site, and all applicable taxes; and
b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead,
profit, and other expenses contemplated for the pre -bid allowances have been included in
the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole
use of City.
D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due
Contractor on account of Work covered by allowances, and the Contract Price shall be
correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the unit price for each separately identified item of Unit Price Work times the
estimated quantity of each item as indicated in the Agreement.
B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the
purpose of comparison of Bids and determining an initial Contract Price. Determinations of the
actual quantities and classifications of Unit Price Work performed by Contractor will be made by
City subject to the provisions of Paragraph 9.05.
C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to
cover Contractor's overhead and profit for each separately identified item. Work described in the
Contract Documents, or reasonably inferred as required for a functionally complete installation,
but not identified in the listing of unit price items shall be considered incidental to unit price
work listed and the cost of incidental work included as part of the unit price.
D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if,
1. the quantity of any item of Unit Price Work performed by Contractor differs materially and
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to any other item of Work.
E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in
accordance with Paragraph 10.01.
1. If the changes in quantities or the alterations do not significantly change the character of
work under the Contract Documents, the altered work will be paid for at the Contract unit
-� price.
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2. If the changes in quantities or alterations significantly change the character of work, the
Contract will be amended by a Change Order.
3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended
by a Change Order in accordance with Article 12.
4. A significant change in the character of work occurs when:
a. the character of work for any Item as altered differs materially in kind or nature from that
in the Contract or
b. a Major Item of work varies by more than 25% from the original Contract quantity.
5. When the quantity of work to be done under any Major Item of the Contract is more than
125% of the original quantity stated in the Contract, then either party to the Contract may
request an adjustment to the unit price on the portion of the work that is above 125%.
6. When the quantity of work to be done under any Major Item of the Contract is less than 75%
of the original quantity stated in the Contract, then either party to the Contract may request
an adjustment to the unit price.
11.04 Plans Quantity Measurement
A. Plans quantities may or may not represent the exact quantity of work performed or material —
moved, handled, or placed during the execution of the Contract. The estimated bid quantities are
designated as final payment quantities, unless revised by the governing Section or this Article.
B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than
25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total
estimated quantity for an individual Item originally shown in the Contract Documents, an
adjustment may be made to the quantity of authorized work done for payment purposes. The
party to the Contract requesting the adjustment will provide field measurements and calculations
showing the final quantity for which payment will be made. Payment for revised quantity will be —
made at the unit price bid for that Item, except as provided for in Article I0.
C. When quantities are revised by a change in design approved by the City, by Change Order, or to _
correct an error, or to correct an error on the plans, the plans quantity will be increased or
decreased by the amount involved in the change, and the 25% variance will apply to the new
plans quantity.
D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than
$250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans
quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans
quantity.
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E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are
not applicable.
ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME
12.01 Change of Contract Price
■' A. The Contract Price may only be changed by a Change Order.
B. The value of any Work covered by a Change Order will be determined as follows:
1. where the Work involved is covered by unit prices contained in the Contract Documents, by
application of such unit prices to the quantities of the items involved (subject to the
provisions of Paragraph 11.03); or
2. where the Work involved is not covered by unit prices contained in the Contract Documents,
by a mutually agreed lump sum or unit price (which may include an allowance for overhead
and profit not necessarily in accordance with Paragraph 12.0l.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 12.013.2, on the
basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0I.C).
0. C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as
follows:
PM 1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various
portions of the Cost of the Work:
a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.0l.A.3, the
Contractor's additional fee shall be 15 percent except for:
1) rental fees for Contractor's own equipment using standard rental rates;
2) bonds and insurance;
b. for costs incurred under Paragraph 11.0l .A.4 and 11.0l .A.5, the Contractor's fee shall be
five percent (5%);
1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a
fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and
12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever
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tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under
Paragraphs 11.0l.A.1 and 11.01.A.2 and that any higher tier Subcontractor and
Contractor will each be paid a fee of five percent (5%) of the amount paid to the next
lower tier Subcontractor, however in no case shall the cumulative total of fees paid be
in excess of 25%;
c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.6, and ,
11.01.13;
the amount of credit to be allowed by Contractor to City for any change which results in
a net decrease in cost will be the amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal to five percent (5%) of such net
decrease.
12.02 Change of Contract Time
A. The Contract Time may only be changed by a Change Order.
B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless
the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project ..
Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or
claimed delay adversely affects the critical path.
12.03 Delays
A. Where Contractor is reasonably delayed in the performance or completion of any part of the
Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time
may be extended in an amount equal to the time lost due to such delay if a Contract Claim is
made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts
or neglect by City, acts or neglect of utility owners or other contractors performing other work as
contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God.
Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in
this Paragraph.
B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or anticipated project.
C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays
within the control of Contractor. Delays attributable to and within the control of a Subcontractor
or Supplier shall be deemed to be delays within the control of Contractor. _
D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when
direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide
information or material, if any, which is to be furnished by the City.
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ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
Notice of all defective Work of which City has actual knowledge will be given to Contractor.
Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
City, independent testing laboratories, and governmental agencies with jurisdictional interests will
have access to the Site and the Work at reasonable times for their observation, inspection, and
testing. Contractor shall provide them proper and safe conditions for such access and advise them of
.� Contractor's safety procedures and programs so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give City timely notice of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required
inspections or tests.
B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any
of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full
responsibility for arranging and obtaining such independent inspections, tests, retests or
approvals, pay all costs in connection therewith, and furnish City the required certificates of
inspection or approval; excepting, however, those fees specifically identified in the
Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR)
inspections, which shall be paid as described in the Supplementary Conditions.
C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection
with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or
equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment
submitted for approval prior to Contractor's purchase thereof for incorporation in the Work.
Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to
City.
D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to
perform any inspections or tests ("Testing") for any part of the Work, as determined solely by
City.
1. City will coordinate such Testing to the extent possible, with Contractor;
2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other
similar negative result, the Contractor shall be responsible for paying for any and all retests.
Contractor's cancellation without cause of City initiated Testing shall be deemed a negative
result and require a retest.
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Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the �-
Testing Lab by Contractor. City will forward all invoices for retests to Contractor.
4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing _
Lab is paid.
E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by
Contractor without written concurrence of City, Contractor shall, if requested by City, uncover
such Work for observation.
F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense.
G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued
under Section 13.03 D.
13.04 Uncovering Work
A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it
must, if requested by City, be uncovered for City's observation and replaced at Contractor's
expense.
B. If City considers it necessary or advisable that covered Work be observed by City or inspected or
tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available _
for observation, inspection, or testing as City may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs,
losses, and damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or other dispute resolution costs) arising out
of or relating to such uncovering, exposure, observation, inspection, 'and testing, and of
satisfactory replacement or reconstruction (including but not limited to all costs of repair or
replacement of work of others); or City shall be entitled to accept defective Work in
accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all
costs associated with exposing, observing, and testing the defective Work.
2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase
in the Contract Price or an extension of the Contract Time, or both, directly attributable to
such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction.
13.05 City May Stop the Work
If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials `
or equipment, or fails to perform the Work in such a way that the completed Work will conform to
the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until
the cause for such order has been eliminated; however, this right of City to stop the Work shall not
give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any
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Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of
any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to
an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has
been rejected by City, remove it from the Project and replace it with Work that is not defective.
Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to such correction
or removal (including but not limited to all costs of repair or replacement of work of others).
Failure to require the removal of any defective Work shall not constitute acceptance of such
Work.
B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or otherwise impair City's special warranty and
guarantee, if any, on said Work.
13.07 Correction Period
A. if within two (2) years after the date of Final Acceptance (or such longer period of time as may
be prescribed by the terms of any applicable special guarantee required by the Contract
Documents), any Work is found to be defective, or if the repair of any damages to the land or
areas made available for Contractor's use by City or permitted by Laws and Regulations as
contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without
cost to City and in accordance with City's written instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by City, remove it from the Project and replace it
with Work that is not defective, and
4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work
of others or other land or areas resulting therefrom.
B. 1f Contractor does not promptly comply with the terms of City's written instructions, or in an
emergency where delay would cause serious risk of loss or damage, City may have the defective
Work corrected or repaired or may have the rejected Work removed and replaced. All claims,
costs, losses, and damages (including but not limited to all fees and charges of engineers,
architects, attorneys, and other professionals and all court or other dispute resolution costs)
arising out of or relating to such correction or repair or such removal and replacement (including
but not limited to all costs of repair or replacement of work of others) will be paid by Contractor.
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C. In special circumstances where a particular item of equipment is placed in continuous service
before Final Acceptance of all the Work, the correction period for that item may start to run from
an earlier date if so provided in the Contract Documents.
D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or r
removed and replaced under this Paragraph 13.07, the correction period hereunder with respect
to such Work may be required to be extended for an additional period of one year after the end of
the initial correction period. City shall provide 30 days written notice to Contractor should such
additional warranty coverage be required. Contractor may dispute this requirement by filing a
Contract Claim, pursuant to Paragraph 10.06.
E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or
warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a
waiver of, the provisions of any applicable statute of limitation or repose.
13.08 Acceptance of Defective Work
If, instead of requiring correction or removal and replacement of defective Work, City prefers to
accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or other dispute resolution costs) attributable to City's evaluation of and determination to
accept such defective Work and for the diminished value of the Work to the extent not otherwise
paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be
issued incorporating the necessary revisions in the Contract Documents with respect to the Work,
and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished
value of Work so accepted.
13.09 City May Correct Defective Work
A. If Contractor fails within a reasonable time after written notice from City to correct defective
Work, or to remove and replace rejected Work as required by City in accordance with Paragraph
13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents,
or if Contractor fails to comply with any other provision of the Contract Documents, City may,
after seven (7) days written notice to Contractor, correct, or remedy any such deficiency.
B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed
expeditiously. In connection with such corrective or remedial action, City may exclude
Contractor from all or part of the Site, take possession of all or part of the Work and suspend
Contractor's services related thereto, and incorporate in the Work all materials and equipment -
incorporated in the Work, stored at the Site or for which City has paid Contractor but which are
stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants,
employees, and City's other contractors, access to the Site to enable City to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages (including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals and all court or other dispute resolution
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costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph
13.09 will be charged against Contractor, and a Change Order will be issued incorporating the
necessary revisions in the Contract Documents with respect to the Work; and City shall be
u entitled to an appropriate decrease in the Contract Price.
D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the
performance of the Work attributable to the exercise of City's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION
14.01 Schedule of Values
The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve
as the basis for progress payments and will be incorporated into a form of Application for Payment
acceptable to City. Progress payments on account of Unit Price Work will be based on the number of
units completed.
14.02 Progress Payments
A. Applications for Payments:
1. Contractor is responsible for providing all information as required to become a vendor of the
City.
2. At least 20 days before the date established in the General Requirements for each progress
payment, Contractor shall submit to City for review an Application for Payment filled out
and signed by Contractor covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents.
3. If payment is requested on the basis of materials and equipment not incorporated in the Work
but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other
documentation warranting that City has received the materials and equipment free and clear
of all Liens and evidence that the materials and equipment are covered by appropriate
insurance or other arrangements to protect City's interest therein, all of which must be
satisfactory to City.
4. Beginning with the second Application for Payment, each Application shall include an
affidavit of Contractor stating that previous progress payments received on account of the
Work have been applied on account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
5. The amount of retainage with respect to progress payments will be as stipulated in the
Contract Documents.
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B. Review of Applications:
1. City will, after receipt of each Application for Payment, either indicate in writing a
recommendation of payment or return the Application to Contractor indicating reasons for
refusing payment. In the latter case, Contractor may make the necessary corrections and
resubmit the Application.
2. City's processing of any payment requested in an Application for Payment will be based on
City's observations of the executed Work, and on City's review of the Application for
Payment and the accompanying data and schedules, that to the best of City's knowledge:
a. the Work has progressed to the point indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,
the results of any subsequent tests called for in the Contract Documents, a final
determination of quantities and classifications for Work performed under Paragraph 9.05, -
and any other qualifications stated in the recommendation).
3. Processing any such payment will not thereby be deemed to have represented that: _
a. inspections made to check the quality or the quantity of the Work as it has been
performed have been exhaustive, extended to every aspect of the Work in progress, or
involved detailed inspections of the Work beyond the responsibilities specifically
assigned to City in the Contract Documents; or
b. there may not be other matters or issues between the parties that might entitle Contractor
to be paid additionally by City or entitle City to withhold payment to Contractor, or
c. Contractor has complied with Laws and Regulations applicable to Contractor's
performance of the Work.
4. City may refuse to process the whole or any part of any payment because of subsequently _
discovered evidence or the results of subsequent inspections or tests, and revise or revoke
any such payment previously made, to such extent as may be necessary to protect City from
loss because:
a. the Work is defective, or the completed Work has been damaged by the Contractor or his
subcontractors, requiring correction or replacement;
b. discrepancies in quantities contained in previous applications for payment;
c. the Contract Price has been reduced by Change Orders;
d. City has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
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e. City has actual knowledge of the occurrence of any of the events enumerated in
Paragraph 15.02.A.
C. Retannage:
1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent
(10%).
2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent
(5%).
D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the
time specified in the Contract Documents, the sum per day specified in the Agreement, will be
.,. deducted from the monies due the Contractor, not as a penalty, but as liquidated damages
suffered by the City.
ow E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment
will become due in accordance with the Contract Documents.
F. Reduction in Payment:
1. City may refuse to make payment of the amount requested because:
AN 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;
am
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
PR 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
'i reasons for such action.
14.03 Contractor's Warranty of Title
Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to City no later than
.� the time of payment free and clear of all Liens.
me
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14.04 Partial Utilization
A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed
part of the Work which has specifically been identified in the Contract Documents, or which
City, determines constitutes a separately functioning and usable part of the Work that can be
used by City for its intended purpose without significant interference with Contractor's
performance of the remainder of the Work. City at any time may notify Contractor in writing to
permit City to use or occupy any such part of the Work which City determines to be ready for its
intended use, subject to the following conditions:
1. Contractor at any time may notify City in writing that Contractor considers any such part of
the Work ready for its intended use.
2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and —'
Contractor shall make an inspection of that part of the Work to determine its status of
completion. If City does not consider that part of the Work to be substantially complete, City
will notify Contractor in writing giving the reasons therefor. —
3. Partial Utilization will not constitute Final Acceptance by City.
14.05 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete in accordance with the
Contract Documents:
1. within 10 days, City will schedule a Final Inspection with Contractor.
2. City will notify Contractor in writing of all particulars in which this inspection reveals that
the Work is incomplete or defective. Contractor shall immediately take such measures as are
necessary to complete such Work or remedy such deficiencies.
B. No time charge will be made against the Contractor between said date of notification of the City
and the date of Final Inspection. Should the City determine that the Work is not ready for Final
Inspection, City will notify the Contractor in writing of the reasons and Contract Time will
resume.
14.06 Final Acceptance
Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final
Inspection, City will issue to Contractor a letter of Final Acceptance.
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14.07 Final Payment
A. Application for Payment:
1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for
final payment following the procedure for progress payments in accordance with the
Contract Documents.
2. The final Application for Payment shall be accompanied (except as previously delivered) by:
a, all documentation called for in the Contract Documents, including but not limited to the
evidence of insurance required by Paragraph 5.03;
b. consent of the surety, if any, to final payment;
c. a list of all pending or released Damage Claims against City that Contractor believes are
unsettled; and
d. affidavits of payments and complete and legally effective releases or waivers
(satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the
Work.
B. Payment Becomes Due:
1. After City's acceptance of the Application for Payment and accompanying documentation,
requested by Contractor, less previous payments made and any sum City is entitled,
including but not limited to liquidated damages, will become due and payable.
2. After all Damage Claims have been resolved:
a. directly by the Contractor or;
b. Contractor provides evidence that the Damage Claim has been reported to Contractor's
insurance provider for resolution.
3. The making of the final payment by the City shall not relieve the Contractor of any
►Z guarantees or other requirements of the Contract Documents which specifically continue
thereafter.
14.08 Final Completion Delayed and Partial Retainage Release
A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon
receipt of Contractor's final Application for Payment, and without terminating the Contract,
make payment of the balance due for that portion of the Work fully completed and accepted. If
the remaining balance to be held by City for Work not fully completed or corrected is less than
the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in
Paragraph 5,02, the written consent of the surety to the payment of the balance due for that
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portion of the Work fully completed and accepted shall be submitted by Contractor to City with
the Application for such payment. Such payment shall be made under the terms and conditions
governing final payment, except that it shall not constitute a waiver of Contract Claims.
B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment
and maintenance, and test and performance periods following the completion of all other
construction in the Contract Documents for all Work locations, the City may release a portion of
the amount retained provided that all other work is completed as determined by the City. Before
the release, all submittals and final quantities must be completed and accepted for all other work.
An amount sufficient to ensure Contract compliance will be retained.
14.09 Waiver of Claims
The acceptance of final payment will constitute a release of the City from all claims or liabilities •-
under the Contract for anything done or furnished or relating to the work under the Contract
Documents or any act or neglect of City related to or connected with the Contract.
ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION
15.01 City May Suspend Work
A. At any time and without cause, City may suspend the Work or any portion thereof by written
notice to Contractor and which may fix the date on which Work will be resumed. Contractor
shall resume the Work on the date so fixed. During temporary suspension of the Work covered
by these Contract Documents, for any reason, the City will make no extra payment for stand-by
time of construction equipment and/or construction crews.
B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the
control of and without the fault or negligence of the Contractor, and should it be determined by
mutual consent of the Contractor and City that a solution to allow construction to proceed is not �-
available within a reasonable period of time, Contractor may request an extension in Contract
Time, directly attributable to any such suspension.
C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall
store all materials in such a manner that they will not obstruct or impede the, public unnecessarily
nor become damaged in any way, and he shall take every precaution to prevent damage or �.
deterioration of the work performed; he shall provide suitable drainage about the work, and erect
temporary structures where necessary.
D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the
necessary equipment to the job when it is determined by the City that construction may be
resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the _
equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is
moved to another construction project for the City.
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15.02 City May Terminate for Cause
A. The occurrence of any one or more of the following events by way of example, but not of
limitation, may justify termination for cause:
1. Contractor's persistent failure to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
" suitable materials or equipment, failure to adhere to the Project Schedule established under
Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere
to the City's MWBE ordinance established under Paragraph 6.06.D);
2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction;
3. Contractor's repeated disregard of the authority of City; or
4. Contractor's violation in any substantial way of any provisions of the Contract Documents;
or
5. Contractor's failure to promptly make good any defect in materials or workmanship, or
defects of any nature, the correction of which has been directed in writing by the City; or
6. Substantial indication that the Contractor has made an unauthorized assignment of the
Contract or any funds due therefrom for the benefit of any creditor or for any other purpose;
or
7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise
financially unable to carry on the Work satisfactorily; or
8. Contractor commences legal action in a court of competent jurisdiction against the City.
B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written
notice to Contractor and Surety to arrange a conference with Contractor and Surety to address
Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after
receipt of notice.
1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to
perform the construction Contract, the City may, to the extent permitted by Laws and
Regulations, declare a Contractor default and formally terminate the Contractor's right to
complete the Contract. Contractor default shall not be declared earlier than 20 days after the
Contractor and Surety have received notice of conference to address Contractor's failure to
perform the Work.
- 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the
Work. If Surety does not commence performance thereof within 15 consecutive calendar
days after date of an additional written notice demanding Surety's performance of its
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obligations, then City, without process or action at law, may take over any portion of the
Work and complete it as described below.
a. If City completes the Work, City may exclude Contractor and Surety from the site and
take possession of the Work, and all materials and equipment incorporated into the Work
stored at the Site or for which City has paid Contractor or Surety but which are stored
elsewhere, and finish the Work as City may deem expedient. }
3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any
further payment until the Work is finished. If the unpaid balance of the Contract Price
exceeds all claims, costs, losses and damages sustained by City arising out of or resulting
from completing the Work, such excess will be paid to Contractor. If such claims, costs,
losses and damages exceed such unpaid balance, Contractor shall pay the difference to City.
Such claims, costs, losses and damages incurred by City will be incorporated in a Change
Order, provided that when exercising any rights or remedies under this Paragraph, City shall
not be required to obtain the lowest price for the Work performed.
4. Neither City, nor any of its respective consultants, agents, officers, directors or employees
shall be in any way liable or accountable to Contractor or Surety for the method by which the
completion of the said Work, or any portion thereof, may be accomplished or for the price —
paid therefor.
5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right
to recover damages from Contractor or Surety for Contractor's failure to timely complete the
entire Contract. Contractor shall not be entitled to any claim on account of the method used
by City in completing the Contract. _
6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as
provided for in the bond requirements of the Contract Documents or any special guarantees
provided for under the Contract Documents or any other obligations otherwise prescribed by
law.
C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor
begins within seven days of receipt of notice of intent to terminate to correct its failure to
perform and proceeds diligently to cure such failure within no more than 30 days of receipt of
said notice.
D. Where Contractor's services have been so terminated by City, the termination will not affect any
rights or remedies of City against Contractor then existing or which may thereafter accrue. Any
retention or payment of moneys due Contractor by City will not release Contractor from liability.
E. If and to the extent that Contractor has provided a performance bond under the provisions of _
Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this
Article.
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A- 15.03 City May Terminate For Convenience
A. City may, without cause and without prejudice to any other right or remedy of City, terminate the
Contract. Any termination shall be effected by mailing a notice of the termination to the
Contractor specifying the extent to which performance of Work under the contract is terminated,
and the date upon which such termination becomes effective. Receipt of the notice shall be
deemed conclusively presumed and established when the letter is placed in the United States
Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and
established that such termination is made with just cause as therein stated; and no proof in any
claim, demand or suit shall be required of the City regarding such discretionary action.
B. After receipt of a notice of termination, and except as otherwise directed by the City, the
Contractor shall:
1. Stop work under the Contract on the date and to the extent specified in the notice of
termination;
2. place no further orders or subcontracts for materials, services or facilities except as may be
necessary for completion of such portion of the Work under the Contract as is not terminated;
R 3. terminate all orders and subcontracts to the extent that they relate to the performance of the
Work terminated by notice of termination;
4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any,
directed by the City:
a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and
other material produced as a part of, or acquired in connection with the performance of,
the Work terminated by the notice of the termination; and
b. the completed, or partially completed plans, drawings, information and other property
which, if the Contract had been completed, would have been required to be furnished to
the City.
5. complete performance of such Work as shall not have been terminated by the notice of
termination; and
6. take such action as may be necessary, or as the City may direct, for the protection and
preservation of the property related to its contract which is in the possession of the
Contractor and in which the owner has or may acquire the rest.
C. At a time not later than 30 days after the termination date specified in the notice of termination,
the Contractor may submit to the City a list, certified as to quantity and quality, of any or all
items of termination inventory not previously disposed of, exclusive of items the disposition of
which has been directed or authorized by City.
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D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list —
submitted shall be subject to verification by the City upon removal of the items or, if the items
are stored, within,45 days from the date of submission of the list, and any necessary adjustments
to correct the list as submitted, shall be made prior to final settlement. —
E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination
claim to the City in the form and with the certification prescribed by the City. Unless an
extension is made in writing within such 60 day period by the Contractor, and granted by the
City, any and all such claims shall be conclusively deemed waived.
F. In such case, Contractor shall be paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior
to the effective date of termination, including fair and reasonable sums for overhead and profit on
such Work;
2. expenses sustained prior to the effective date of termination in performing services and
furnishing labor, materials, or equipment as required by the Contract Documents in connection
with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
and
3. reasonable expenses directly attributable to termination.
G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid —
to the Contractor by reason of the termination of the Work, the City shall determine, on the basis
of information available to it, the amount, if any, due to the Contractor by reason of the
termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid
on account of loss of anticipated profits or revenue or other economic loss arising out of or
resulting from such termination.
ARTICLE 16 — DISPUTE RESOLUTION
16.01 Methods and Procedures
A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision
under Paragraph 10.06 before such decision becomes final and binding. The request for
mediation shall be submitted to the other party to the Contract. Timely submission of the request
shall stay the effect of Paragraph 10.06.E.
B. City and Contractor shall participate in the mediation process in good faith. The process shall be
commenced within 60 days of filing of the request.
C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a
denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after
termination of the mediation unless, within that time period, City or Contractor:
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1. elects in writing to invoke any other dispute resolution process provided for in the
Supplementary Conditions; or
2. agrees with the other party to submit the Contract Claim to another dispute resolution
process; or
3. gives written notice to the other party of the intent to submit the Contract Claim to a court of
~' competent jurisdiction.
ARTICLE 17 — MISCELLANEOUS
17.01 Giving Notice
A. Whenever any provision of the Contract Documents requires the giving of written notice, it will
be deemed to have been validly given if:
1. delivered in person to the individual or to a member of the firm or to an officer of the
corporation for whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business
address known to the giver of the notice.
B. Business address changes must be promptly made in writing to the other party.
C. Whenever the Contract Documents specifies giving notice by electronic means such electronic
notice shall be deemed sufficient upon confirmation of receipt by the receiving party.
17.02 Computation of Times
When any period of time is referred to in the Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If the last day of any such period falls on a
Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last
day of the period.
17.03 Cumulative Remedies
The duties and obligations imposed by these General Conditions and the rights and remedies
available hereunder to the parties hereto are in addition to, and are not to be construed in any way as
a limitation of, any rights and remedies available to any or all of them which are otherwise imposed
or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the
Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically
in the Contract Documents in connection with each particular duty, obligation, right, and remedy to
which they apply.
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17.04 Survival of Obligations
All representations, indemnifications, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the
Contract Documents, will survive final payment, completion, and acceptance of the Work or
termination or completion of the Contract or termination of the services of Contractor.
17.05 Headings
Article and paragraph headings are inserted for convenience only and do not constitute parts of these
General Conditions.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
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Supplementary Conditions
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SUPPLEMENTARY CONDITIONS
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These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other
provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are
modified or supplemented remain in full force and effect as so modified or supplemented. All provisions
of the General Conditions which are not so modified or supplemented remain in full force and effect.
Defined Terms
The terms used in these Supplementary Conditions which are defined in the General Conditions have the
meaning assigned to them in the General Conditions, unless specifically noted herein.
Modifications and Supplements
The following are instructions that modify or supplement specific paragraphs in the General Conditions and
other Contract Documents.
SC-3.03B.2, "Resolving Discrepancies"
Plans govern over Specifications and Specifications shall govern over standard details.
SC-4.01 A
Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding.
Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the
Contract Drawings.
SC-4.01A.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
February 24, 2012:
Outstanding Right -Of -Way, and/or Easements to Be Acquired
PARCEL OWNER TARGET DATE
NUMBER OF POSSESSION
"None"
The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed,
and do not bind the City.
If Contractor considers the final easements provided to differ materially from the representations on the
Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work,
notify City in writing associated with the differing easement line locations.
SC-4.01 A.2, "Availability of Lands"
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised February 24, 2012
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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 February 24, 2012
EXPECTED UTILITY AND LOCATION TARGET DATE OF
OWNER ADJUSTMENT
"None" N/A
N/A
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:
Core / Test Hole reports prepared and performed by the City of Fort Worth, Soil Lab Services during
November 2011 to February 2012.
The following are drawings of physical conditions in or relating to existing surface and subsurface
structures (except Underground Facilities) which are at or contiguous to the site of the Work:
"None"
SC-4.06A., "Hazardous Environmental Conditions at Site"
The following are reports and drawings of existing hazardous environmental conditions known to the City:
"None"
SC-5.03A., "Certificates of Insurance"
The entities listed below are "additional insureds as their interest may appear" including their respective
officers, directors, agents and employees.
(1) city
(2) Consultant: "None"
(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 regulations:
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
SC-5.04B., "Contractor's Insurance"
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
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5.0413. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance
under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with
minimum limits of:
$1,000,000 each occurrence
$2,000,000 aggregate limit
The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the
General Aggregate Limits apply separately to each job site.
The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's.
Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance.
SC 5.04C., "Contractor's Insurance"
5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under
Paragraph GC-5.04C., which shall be in an amount not less than the following amounts:
(I) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto",
defined as autos owned, hired and non -owned.
$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at
least:
$250,000 Bodily Injury per person /
$500,000 Bodily Injury per accident /
$100,000 Property Damage
SC-5.04D., "Contractor's Insurance"
The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and
material deliveries to cross railroad properties and tracks: "None".
The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with,
hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains
or other property. Such operations on railroad properties may require that Contractor to execute a "Right of
Entry Agreement" with the particular railroad company or companies involved, and to this end the
Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute
the right -of -entry (if any) required by a railroad company. The requirements 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 operations and work cross,
occupy, or touch railroad property:
(1) General Aggregate:
(2) Each Occurrence:
Required for this Contract
$ N/A
$ N/A
X Not required for this Contract
With respect to the above outlined insurance requirements, the following shall govern:
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised February 24, 2012
HMAC SURFACE OVERLAY (2012-6)
01876
0073 00 - 4
SUPPLEMENTARY CONDITIONS
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1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in
the name of the railroad company. However, if more than one grade separation or at -grade
crossing is affected by the Project at entirely separate locations on the line or lines of the same
railroad company, separate coverage may be required, each in the amount stated above.
2. Where more than one railroad company is operating on the same right-of-way or where several
railroad companies are involved and operated on their own separate rights -of -way, the Contractor
may be required to provide separate insurance policies in the name of each railroad company.
3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a
railroad company's right-of-way at a location entirely separate from the grade separation or at -
grade crossing, insurance coverage for this work must be included in the policy covering the grade
separation.
4. If no grade separation is involved but other work is proposed on a railroad company's right-of-
way, all such other work may be covered in a single policy for that railroad, even though the work
may be at two or more separate locations.
No work or activities on a railroad company's property to be performed by the Contractor shall be
commenced until the Contractor has furnished the City with an original policy or policies of the insurance
for each railroad company named, as required above. All such insurance must be approved by the City and
each affected Railroad Company prior to the Contractor's beginning work.
The insurance specified above must be carried until all Work to be performed on the railroad right-of-way
has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition,
insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way.
Such insurance must name the railroad company as the insured, together with any tenant or lessee of the
railroad company operating over tracks involved in the Project.
SC-6.04., "Project Schedule"
Project schedule shall be tier 3, for the project.
SC-6.07., "Wage Rates"
The following is the prevailing wage rate table(s) applicable to this project and is provided in the
Appendixes:
SC-6.07
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:
Street Use Permit
SC-6.09B. "City obtained permits and licenses"
The following are known permits and/or licenses required by the Contract to be acquired by the City:
"None ".
SC-6.09C. "Outstanding permits and licenses"
The following is a list of known outstanding permits and/or licenses to be acquired, if any as of February
24, 2012: "None"
Outstanding Permits and/or Licenses to Be Acquired
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised February 24, 2012
HMAC SURFACE OVERLAY (2012-6)
01876
AM
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.OF.
007300-5
SUPPLEMENTARY CONDITIONS
Page 5 of 5
OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE
OF POSSESSION
"None"
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3 SC-7.02., "Coordination"
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5 The individuals or entities listed below have contracts with the City for the performance of other work at
6 the Site: "None"
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Vendor Scope of Work Coordination Authority
"None" "None" "None"
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10 SC-8.01, "Communications to Contractor"
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12 Section 0158 13: Temporary Project Slgnage
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14 During construction, two project signs shall be provided for each street under construction
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16 AM removed material/debris must be hauled off to a suitable dumpsite within the same day
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18 Contractor shall saw -cut curb & gutter and/or pavement prior to removal
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20 Contractor shall backfill behind the curb, driveways, sidewalks, ADA ramps and etc. within five days
21 from the date of completion
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24 SC-9.01., "City's Project Representative"
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26 The following firm is a consultant to the City responsible for construction management of this Project:
27 "None"
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29 SC- I3.03C., "Tests and Inspections"
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31 "None">
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33 SC- 16.01C.1, "Methods and Procedures"
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35 "None"
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39 END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised February 24, 2012
HMAC SURFACE OVERLAY (2012-6)
01876
�i
1
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3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 01 1100
SUMMARY OF WORK
011100-1
SUMMARY OF WORK
Page 1 of 3
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 I - 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. Work Covered by Contract Documents
19 1. Work is to include furnishing all labor, materials, and equipment, and performing
20 all Work necessary for this construction project as detailed in the Drawings and
21 Specifications.
22 B. Subsidiary Work
23 1. Any and all Work specifically governed by documentary requirements for the
24 project, such as conditions imposed by the Drawings or Contract Documents in
25 which no specific item for bid has been provided for in the Proposal and the item is
26 not a typical unit bid item included on the standard bid item list, then the item shall
27 be considered as a subsidiary item of Work, the cost of which shall be included in
28 the price bid in the Proposal for various bid items.
29 C. Use of Premises
30 1. Coordinate uses of premises under direction of the City.
31 2. Assume full responsibility for protection and safekeeping of materials and
32 equipment stored on the Site.
33 3. Use and occupy only portions of the public streets and alleys, or other public places
34 or other rights -of -way as provided for in the ordinances of the City, as shown in the
35 Contract Documents, or as may be specifically authorized in writing by the City.
36 a. A reasonable amount of tools, materials, and equipment for construction
37 purposes may be stored in such space, but no more than is necessary to avoid
38 delay in the construction operations.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
01 I100-2
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 Work 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 permission from the owner of such property.
11 2. Do not store equipment or material on private property unless and until the
12 specified approval of the property owner has been secured in writing by the
13 Contractor and a copy furnished to the City.
14 3. Unless 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 all 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 equipment.
33 6. Fence
34 a. Restore all fences encountered and removed during construction of the Project
35 to the original or a better than original condition.
36 b. Erect temporary fencing in place of the fencing removed whenever the Work is
37 not in progress and when the site is vacated overnight, and/or at all times to
38 provide site security.
39 c. The cost for all fence work associated with easements, including removal,
40 temporary closures and replacement, shall be subsidiary to the various items bid
41 in the project proposal, unless a bid item is specifically provided in the
42 proposal.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
01 I100-3
SUMMARY OF WORK
Page 3 of 3
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1.5
SUBMITTALS [NOT USED]
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1.6
ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
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1.7
CLOSEOUT SUBMITTALS [NOT USED]
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1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
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1.9
QUALITY ASSURANCE [NOT USED]
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1.10
DELIVERY, STORAGE, AND HANDLING [NOT USED]
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1.11
FIELD [SITE] CONDITIONS [NOT USED]
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1.12
WARRANTY [NOT USED]
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PART 2 - PRODUCTS [NOT USED]
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PART 3 - EXECUTION [NOT USED]
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END OF SECTION
12
Revision Log
DATE NAME SUMMARY OF CHANGE
13
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July I, 2011
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 0131 19
PRECONSTRUCTION MEETING
0131 19 - 1
PRECONSTRUCTION MEETING
Page I of 3
5 A. Section Includes:
6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to
7 clarify construction contract administration procedures
8 B. Deviations from this City of Fort Worth Standard Specification
9 1. None.
10 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 will be allowed for this Item.
17 1.3 REFERENCES [NOT USED]
18 1.4 ADMINISTRATIVE REQUIREMENTS
19 A. Coordination
20 1. Attend preconstruction meeting.
21 2. Representatives of Contractor, subcontractors and suppliers attending meetings
22 shall be qualified and authorized to act on behalf of the entity each represents.
23 3. Meeting administered by City may be tape recorded.
24 a. If recorded, tapes will be used to prepare minutes and retained by City for
25 future reference.
26 B. Preconstruction Meeting
27 1. A preconstruction meeting will be held within 14 days after the execution of the
28 Agreement and before Work is started.
29 a. The meeting will be scheduled and administered by the City.
30 2. The Project Representative will preside at the meeting, prepare the notes of the
31 meeting and distribute copies of same to all participants who so request by fully
32 completing the attendance form to be circulated at the beginning of the meeting.
33 3. Attendance shall include:
34 a. Project Representative
35 b. Contractor's project manager
36 c. Contractor's superintendent
37 d. Any subcontractor or supplier representatives whom the Contractor may desire
38 to invite or the City may request
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
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01 31 19 -2
PRtECONSTRUCTION MEETING
Page 2 of 3
e. Other City representatives
f. Others as appropriate
4. Construction Schedule
a. Prepare baseline construction schedule in accordance with Section 01 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. Material Certifications and Quality Control Testing
o. Public Safety and Convenience
p. Documentation of Pre -Construction Conditions
q. Weekend Work Notification
r. Legal Holidays
s. Trench Safety Plans
t. Confined Space Entry Standards
u. Coordination with the City's representative for operations of existing water
systems
v. Storm Water Pollution Prevention Plan
w. Coordination with other Contractors
x. Early Warning System
y. Contractor Evaluation
z. Special Conditions applicable to the project
aa. Damages Claims
bb. Submittal Procedures
cc. Substitution Procedures
dd. Correspondence Routing
ee. Record Drawings
f£ Temporary construction facilities
gg. M/WBE procedures
hh. Final Acceptance
ii. Final Payment
J. Questions or Comments
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
A -
0131 19 - 3
PRECONSTRUCTION MEETING
Page 3 of 3
1
1.5
SUBMITTALS [NOT USED]
, 2
1.6
ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
3
1.7
CLOSEOUT SUBMITTALS [NOT USED]
4
1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
5
1.9
QUALITY ASSURANCE [NOT USED]
6
1.10
DELIVERY, STORAGE, AND HANDLING [NOT USED]
7
1.11
FIELD [SITE] CONDITIONS [NOT USED]
8
1.12
WARRANTY [NOT USED]
9 PART 2 - PRODUCTS [NOT USED]
10 PART 3 - EXECUTION [NOT USED]
11 END OF SECTION
12
13
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
01 32 16- 1
CONSTRUC`fION PROGRESS SCHEDULE
Page I of 5
1 SECTION 0132 16
2 CONSTRUCTION PROGRESS SCHEDULE
3 PART1- GENERAL
�� - SIM-01 mlffl
5 A. Section Includes:
6 1. General requirements for the preparation, submittal, updating, status reporting and
7 management of the Construction Progress Schedule
8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance
9 Document
10 B. Deviations from this City of Fort Worth Standard Specification
11 1. None.
12 C. Related Specification Sections include, but are not necessarily limited to:
13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
14 2. Division 1 — General Requirements
15 1.2 PRICE AND PAYMENT PROCEDURES
16 A. Measurement and Payment
17 1. Work associated with this Item is considered subsidiary to the various items bid.
18 No separate payment will be allowed for this Item.
19 1.3 REFERENCES
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A. Definitions
1. Schedule Tiers
a. Tier 1 - No schedule submittal required by contract. Small, brief duration
projects
b. Tier 2 - No schedule submittal required by contract, but will require some
milestone dates. Small, brief duration projects
c. Tier 3 - Schedule submittal required by contract as described in the
Specification and herein. Majority of City projects, including all bond program
projects
d. Tier 4 - Schedule submittal required by contract as described in the
Specification and herein. Large and/or complex projects with long durations
1) Examples: large water pump station project and associated pipeline with
interconnection to another governmental entity
e. Tier 5 - Schedule submittal required by contract as described in the
Specification and herein. Large and/or very complex projects with long
durations, high public visibility
1) Examples might include a water or wastewater treatment plant
2. Baseline Schedule - Initial schedule submitted before work begins that will serve
as the baseline for measuring progress and departures from the schedule.
3. Progress Schedule - Monthly submittal of a progress schedule documenting
progress on the project and any changes anticipated.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July I, 2011
01 32 16-2
CONSTRUCTION PROGRESS SCHEDULE
Page 2 of 5
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
7 1. 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 B. Progress Schedule
17 1. Update the progress Schedule monthly as required in the City of Fort Worth
18 Schedule Guidance Document.
19 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 (trades), equipment and work schedule (overtime, weekend and holiday
44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay
45 to the critical path in the approved schedule.
46 a. No additional cost for such work will be considered.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
013216-3
CONSTRUCTION PROGRESS SCHEDULE
Page 3 of 5
1 D. The Contract completion time will be adjusted only for causes specified in this
2 Contract.
3 a. Requests for an extension of any Contract completion date must be
4 supplemented with the following:
5 1) Furnish justification and supporting evidence as the City may deem
6 necessary to determine whether the requested extension of time is entitled
7 under the provisions of this Contract.
8 a) The City will, after receipt of such justification and supporting
9 evidence, make findings of fact and will advise the Contractor, in
10 writing thereof.
11 2) If the City finds that the requested extension of time is entitled, the City's
12 determination as to the total number of days allowed for the extensions
13 shall be based upon the approved total baseline schedule and on all data
14 relevant to the extension.
15 a) Such data shall be included in the next updating of the Progress
16 schedule.
17 b) Actual delays in activities which, according to the Baseline schedule,
18 do not affect any Contract completion date shown by the critical path in
19 the network will not be the basis for a change therein.
20
2. Submit each request for change in Contract completion date to the City within 30
21
days after the beginning of the delay for which a time extension is requested but
22
before the date of final payment under this Contract.
23
a. No time extension will be granted for requests which are not submitted within
24
the foregoing time limit.
25
b. From time to time, it may be necessary for the Contract schedule or completion
26
time to be adjusted by the City to reflect the effects of job conditions, weather,
27
technical difficulties, strikes, unavoidable delays on the part of the City or its
28
representatives, and other unforeseeable conditions which may indicate
29
schedule adjustments or completion time extensions.
30
1) Under such conditions, the City will direct the Contractor to reschedule the
31
work or Contract completion time to reflect the changed conditions and the
32
Contractor shall revise his schedule accordingly.
33
a) No additional compensation will be made to the Contractor for such
34
schedule changes except for unavoidable overall contract time
35
extensions beyond the actual completion of unaffected work, in which
36
case the Contractor shall take all possible action to minimize any time
37
extension and any additional cost to the City.
38
b) Available float time in the Baseline schedule may be used by the City
39
as well as by the Contractor.
40 3. Float or slack time is defined as the amount of time between the earliest start date
41 and the latest start date or between the earliest finish date and the latest finish date
42 of a chain of activities on the Baseline Schedule.
43 a. Float or slack time is not for the exclusive use or benefit of either the
44 Contractor or the City.
45 b. Proceed with work according to early start dates, and the City shall have the
46 right to reserve and apportion float time according to the needs of the project.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
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01 32 16 - 4
CONSTRUCTION PROGRESS SCHEDULE
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 updating of Baseline schedule and make the required changes
in his schedule when indicated by changes in corresponding schedules.
2. In case of interference between the operations of different contractors, the City will
determine the work priority of each contractor and the sequence of work necessary
to expedite the completion of the entire Project.
a. In such cases, the decision of the City shall be accepted as final.
b. The temporary delay of any work due to such circumstances shall not be
considered as justification for claims for additional compensation.
18 1.5 SUBMITTALS
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A. Baseline Schedule
1. 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.
B. Progress Schedule
1. Submit progress Schedule in native file format and pdf format as required in the
City of Fort Worth Schedule Guidance Document.
2. Submit progress Schedule monthly no later than the last day of the month.
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
1. The City administers and manages schedules through Buzzsaw.
2. Contractor shall submit documents as required in the City of Fort Worth Schedule
Guidance Document.
3. Once the project has been completed and Final Acceptance has been issued by the
City, no further progress schedules are required.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
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 construction.
9 C. Contractor is responsible for 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 USED]
16 END OF SECTION
17
18
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
013120-1
PROJECT MEETINGS
Page I of 3
I SECTION 013120
2 PROJECT MEETINGS
3 PART1- GENERAL
4 1.1 SUMMARY
*� 5
A. Section Includes:
6
1. Provisions for project meetings throughout the construction period to enable orderly
7
review of the progress of the Work and to provide for systematic discussion of
8
potential problems
9
B. Deviations this City of Fort Worth Standard Specification
10
1. None.
11
C. Related Specification Sections include, but are not necessarily limited to:
12
1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract
i 13
2. Division 1 — General Requirements
14
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
A. Coordination
21
1. Schedule, attend and administer as specified, periodic progress meetings, and
22
specially called meetings throughout progress of the Work.
23
2. Representatives of Contractor, subcontractors and suppliers attending meetings
24
shall be qualified and authorized to act on behalf of the entity each represents.
25
3. Meetings administered by City may be tape recorded.
26
a. If recorded, tapes will be used to prepare minutes and retained by City for
27
future reference.
28
4. Meetings, in addition to those specified in this Section, may be held when requested
29
by the City, Engineer or Contractor.
30
B. Pre -Construction Neighborhood Meeting
31
1. After the execution of the Agreement, but before construction is allowed to begin,
32
attend 1 Public Meeting with affected residents to:
33
a. Present projected schedule, including construction start date
34
b. Answer any construction related questions
35
2. Meeting Location
36
a. Location of meeting to be determined by the City.
37
3. Attendees
38
a. Contractor
..
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
am
013120-2
PROJECT MEETINGS
Page 2 of 3
1
b. Project Representative
2
c. Other City representatives
3
4.
Meeting Schedule
4
a. In general, the neighborhood meeting will occur within the 2 weeks following
5
the pre -construction conference.
6
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 will be
9
scheduled and administered by Project Representative.
10
2.
Additional progress meetings to discuss specific topics will be conducted on an as -
II
needed basis. Such additional meetings shall include, but not be limited to:
12
a. Coordinating shutdowns
13
b. Installation of piping and equipment
14
c. Coordination between other construction projects
15
d. Resolution of construction issues
16
e. Equipment approval
17
3.
The Project Representative will preside at progress meetings, prepare the notes of
18
the meeting and distribute copies of the same to all participants who so request by
19
fully completing the attendance form to be circulated at the beginning of each
20
meeting.
21
4.
Attendance shall include:
22
a. Contractor's project manager
23
b. Contractor's superintendent
24
c. Any subcontractor or supplier representatives whom the Contractor may desire
25
to invite or the City may request
26
d. Engineer's representatives
27
e. City's representatives
28
f. Others, as requested by the Project Representative
29
5.
Preliminary Agenda may include:
30
a. Review of Work progress since previous meeting
31
b. Field observations, problems, conflicts
32
c. Items which impede construction schedule
33
d. Review of off -site fabrication, delivery schedules
34
e. Review of construction interfacing and sequencing requirements with other
35
construction contracts
36
f. Corrective measures and procedures to regain projected schedule
37
g. Revisions to construction schedule
38
h. Progress, schedule, during succeeding Work period
39
i. Coordination of schedules
40
j. Review submittal schedules
41
k. Maintenance of quality standards
42
1. Pending changes and substitutions
43
m. Review proposed changes for:
44
1) Effect on construction schedule and on completion date
45
2) Effect on other contracts of the Project
46
n. Review Record Documents
47
o. Review monthly pay request
48
p. Review status of Requests for Information
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
W
PW
Vq
i
4 7
013120-3
PROJECT MEETINGS
Page 3 of 3
1
6. Meeting Schedule
2
a. Progress meetings will be held periodically as determined by the Project
3
Representative.
4
1) Additional meetings may be held at the request of the:
5
a) City
6
b) Engineer
7
c) Contractor
8
7. Meeting Location
9
a. The City will establish a meeting location.
10
1) To the extent practicable, meetings will be held at the Site.
11
1.5
SUBMITTALS [NOT USED]
12
1.6
ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
13
1.7
CLOSEOUT SUBMITTALS [NOT USED]
14
1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
15
1.9
QUALITY ASSURANCE [NOT USEDI
16
1.10
DELIVERY, STORAGE, AND HANDLING [NOT USED]
17
1.11
FIELD [SITE] CONDITIONS [NOT USED]
18
1.12
WARRANTY [NOT USED]
19
PART 2 - PRODUCTS [NOT USED]
20
PART 3 - EXECUTION [NOT USED]
21
END OF SECTION
22
23
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
1
2
3 PART1- GENERAL
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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rxi
27
28
29
30
31
32
33
01 32 33 - 1
-PRECONSTRUCTION VIDEO
Page 1 of 2
SECTION 0132 33
PRECONSTRUCTION VIDEO
1.1 SUMMARY
A. Section Includes:
1. Administrative and procedural requirements for:
a. Preconstruction Videos
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. Preconstruction Video
1. Produce a preconstruction video of the site/alignment, including all areas in the
vicinity of and to be affected by construction.
a. Provide digital copy of video upon request by the City.
2. Retain a copy of the preconstruction video until the end of the maintenance surety
period.
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 [NOT USED]
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
..r
I PART 3 - EXECUTION [NOT USED]
.» 2 END OF SECTION
3
I
4
*w
#.
01 32 33 - 2
PRECONSTRUCTION VIDEO
Page 2 of 2
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
014523-1
TESTING.AND INSPECTION SERVICES
Page I of 2
1 SECTION 01 45 23
2 TESTING AND INSPECTION SERVICES
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Testing and inspection services procedures and coordination
7 B. Deviations from this City of Fort Worth Standard Specification
8 1. None.
9 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 will 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 A. Testing
28 1. Complete testing in accordance with the Contract Documents.
29 2. Coordination
30 a. When testing is required to be performed by the City, notify City, sufficiently
31 in advance, when testing is needed.
32 b. When testing is required to be completed by the Contractor, notify City,
33 sufficiently in advance, that testing will be performed.
34 3. Distribution of Testing Reports
35 a. Electronic Distribution
36 1) Confirm development of Project directory for electronic submittals to be
37 uploaded to City's Buzzsaw site, or another external FTP site approved by
38 the City.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
01 45 23 - 2
TESTING AND INSPECTION SERVICES
Page 2 of 2
2) Upload test reports to designated project directory and notify appropriate
City representatives via email of submittal posting.
3) Hard Copies
a) 1 copy for all submittals submitted to the Project Representative
b. Hard Copy Distribution (if required in lieu of electronic distribution)
1) Tests performed by City
a) Distribute 1 hard copy to the Contractor
2) Tests performed by the Contractor
a) Distribute 3 hard copies to City's Project Representative
4. Provide City's Project Representative with trip tickets for each delivered load of
Concrete or Lime material including the following information:
a. Name of pit
b. Date of delivery
c. Material delivered
B. Inspection
1. Inspection or lack of inspection does not relieve the Contractor from obligation to
perform work in accordance with the Contract Documents.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALSANFORMATIONAL 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 [NOT USED]
27 PART 3 - EXECUTION [NOT USED]
28 END OF SECTION
29
Revision Log
DATE NAME SUMMARY OF CHANGE
30
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1. 2011
HMAC SURFACE OVERLAY (2012-6)
01876
01 50 00 - 1
TEMPORARY fACILIT1 S AND CONTROLS
Page 1 of 4
1 SECTION 0150 00
2 TEMPORARY FACILITIES AND CONTROLS
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Provide temporary facilities and controls needed for the Work including, but not
7 necessarily limited to:
8 a. Temporary utilities
9 b. 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 1. Work associated with this Item is considered subsidiary to the various Items bid.
21 No separate payment will be allowed for this Item.
22 1.3 REFERENCES [NOT USED]
23 1.4 ADMINISTRATIVE REQUIREMENTS
24 A. Temporary Utilities
25 1. Obtaining Temporary Service
26 a. Make arrangements with utility service companies for temporary services.
27 b. Abide by rules and regulations of utility service companies or authorities
28 having jurisdiction.
29 c. Be responsible for utility service costs until Work is approved for Final
30 Acceptance.
31 1) Included are fuel, power, light, heat and other utility services necessary for
32 execution, completion, testing and initial operation of Work.
33 2. Water
34 a. Contractor to provide water required for and in connection with Work to be
35 performed and for specified tests of piping, equipment, devices or other use as
36 required for the completion of the Work.
37 b. Provide and maintain adequate supply of potable water for domestic
38 consumption by Contractor personnel and City's Project Representatives.
39 c. Coordination
40 1) Contact City 1 week before water for construction is desired
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
01 5000-2
TEMPORARY FACILITIES AND CONTROLS
Page 2 of 4
1 d. Contractor Payment for Construction Water
2 1) Obtain construction water meter from City for payment as billed by City's
3 established rates.
4 3. Electricity and Lighting
5 a. Provide and pay for electric powered service as required for Work, including
6 testing of Work.
7 1) Provide power for lighting, operation of equipment, or other use.
8 b. Electric power service includes temporary power service or generator to
9 maintain operations during scheduled shutdown.
10 4. Telephone
11 a. Provide emergency telephone service at Site for use by Contractor personnel
12 and others performing work or furnishing services at Site.
13 5. Temporary Heat and Ventilation
14 a. Provide temporary heat as necessary for protection or completion of Work.
15 b. Provide temporary heat and ventilation to assure safe working conditions.
16 B. Sanitary Facilities
17 1. Provide and maintain sanitary facilities for persons on Site.
18 a. Comply with regulations of State and local departments of health.
19 2. Enforce use of sanitary facilities by construction personnel at job site.
20 a. Enclose and anchor sanitary facilities.
21 b. No discharge will be allowed from these facilities.
22 c. Collect and store sewage and waste so as not to cause nuisance or health
23 problem.
24 d. Haul sewage and waste off -site at no less than weekly intervals and properly
25 dispose in accordance with applicable regulation.
26 3. Locate facilities near Work Site and keep clean and maintained throughout Project.
27 4. Remove facilities at completion of Project
28 C. Storage Sheds and Buildings
29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor
30 above ground level for materials and equipment susceptible to weather damage.
31 2. Storage of materials not susceptible to weather damage may be on blocks off
32 ground.
33 3. Store materials in a neat and orderly manner.
34 a. Place materials and equipment to permit easy access for identification,
35 inspection and inventory.
36 4. Equip building with lockable doors and lighting, and provide electrical service for
37 equipment space heaters and heating or ventilation as necessary to provide storage
38 environments acceptable to specified manufacturers.
39 5. Fill and grade site for temporary structures to provide drainage away from
40 temporary and existing buildings.
41 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 HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
015000-3
TEMPORARY • FACILITIES AND CONTROLS
Page 3 of 4
1
1. Contractor is responsible for maintaining dust control through the duration of the
2
project.
3
a. Contractor remains on -call at all times
4
b. Must respond in a timely manner
5
F. Temporary Protection of Construction
6
1. Contractor or subcontractors are responsible for protecting Work from damage due
7
to weather.
8
1.5
SUBMITTALS [NOT USED]
9
1.6
ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
10
1.7
CLOSEOUT SUBMITTALS [NOT USED]
11
1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
12
1.9
QUALITY ASSURANCE [NOT USED]
13
1.10
DELIVERY, STORAGE, AND HANDLING [NOT USED]
14
1.11
FIELD [SITE] CONDITIONS [NOT USED]
15
1.12
WARRANTY [NOT USED]
16 PART 2 - PRODUCTS [NOT USED]
17 PART 3 - EXECUTION [NOT USED]
18
3.1
INSTALLERS [NOT USED]
19
3.2
EXAMINATION [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 [OR] 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
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
i
WF
4
a
q0h,
01 50 00 - 4
+ TEMPORARY FACILITIES AND CONTROLS
Page 4 of 4
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 SUMMARY OF CHANGE
8
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
01 55 26 - 1
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Pagel of 3
1 SECTION 0155 26
2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
3 PART1- GENERAL
4 1.1 SUMMARY
5 A. Section Includes:
6 1. Administrative procedures for:
7 a. Street Use Permit
8 b. Modification of approved traffic control
9 c. Removal of Street Signs
10 B. Deviations from this City of Fort Worth Standard Specification
11 1. None.
12 C. Related Specification Sections include, but are not necessarily limited to:
13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
14 2. Division 1 — General Requirements
15 3. Section 34 71 13 — Traffic Control
16 1.2 PRICE AND PAYMENT PROCEDURES
17 A. Measurement and Payment
18 1. Work associated with this Item is considered subsidiary to the various Items bid.
19 No separate payment will be allowed for this Item.
20 1.3 REFERENCES
21 A. Reference Standards
22 1. Reference standards cited in this specification refer to the current reference standard
23 published at the time of the latest revision date logged at the end of this
24 specification, unless a date is specifically cited.
25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD).
26 1.4 ADMINISTRATIVE REQUIREMENTS
27 A. Traffic Control
28 1. General
29 a. When traffic control plans are included in the Drawings, provide Traffic
30 Control in accordance with Drawings and Section 34 71 13.
31 b. When traffic control plans are not included in the Drawings, prepare traffic
32 control plans in accordance with Section 34 71 13 and submit to City for
33 review.
34 1) Allow minimum 10 working days for review of proposed Traffic Control.
35 B. Street Use Permit
36 1. Prior to installation of Traffic Control, a City Street Use Permit is required.
37 a. To obtain Street Use Permit, submit Traffic Control Plans to City
38 Transportation and Public Works Department.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
M
c_a
sm
1W
fop
01 55 26 - 2
+ STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 2 of 3
1 1) Allow a minimum of 5 working days for permit review.
2 2) Contractor's responsibility to coordinate review of Traffic Control plans for
3 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 1. 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 E. Temporary Signage
17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting
18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control
19 Devices (MUTCD).
20 2. Install temporary sign before the removal of permanent sign.
21 3. When construction is complete, to the extent that the permanent sign can be
22 reinstalled, contact the City Transportation and Public Works Department, Signs
23 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 SUBMITTALS [NOT USED]
29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
30 1.9 QUALITY ASSURANCE [NOT USED]
31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
32 1.11 FIELD [SITE] CONDITIONS [NOT USED]
33 1.12 WARRANTY [NOT USED]
34 PART 2 - PRODUCTS [NOT USED]
35 PART 3 - EXECUTION [NOT USED]
36 END OF SECTION
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July I, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
,M
DATE NAME
2
01 55 26 - 3
STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL
Page 3 of 3
Revision Log
SUMMARY OF CHANGE
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
1
2
3 PART1- GENERAL
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
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23
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26
27
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31
u
SECTION 0158 13
TEMPORARY PROJECT SIGNAGE
01 58 13 - 1
TEMPORARY PROJECT SIGNAGE
Page 1 of 3
1.1 SUMMARY
A. Section Includes:
1. Temporary Project Signage Requirements
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division 1— General Requirements
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED]
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALSANFORMATIONAL 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 -FURNISHED [OR] 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 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
0158 13 - 2
TEMPORARY PROJECT SIGNAGE
Page 2 of 3 m
1 B. Materials
2 1. Sign
3 a. Constructed of/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
A. General
12
1. Provide vertical installation at extents of project.
13
2. Relocate sign as needed, upon request of the City.
14
B. Mounting options
15
a. Skids
16
b. Posts
17
c. Barricade
18
3.5
REPAIR / RESTORATION [NOT USED]
19
3.6
RE -INSTALLATION [NOT USED]
20
3.7
FIELD [OR] SITE QUALITY CONTROL [NOT USED]
21
3.8
SYSTEM STARTUP [NOT USED]
22
3.9
ADJUSTING [NOT USED]
23
3.10
CLEANING [NOT USED]
24
3.11
CLOSEOUT ACTIVITIES [NOT USED]
25
3.12
PROTECTION [NOT USED]
26
3.13
MAINTENANCE
27
A. General
28
1. Maintenance will include painting and repairs as needed or directed by the City.
29
3.14
ATTACHMENTS [NOT USED]
30
END OF SECTION
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
1
01 58 13 - 3
TEMPORARY PROJECT SIGNAGE
Page 3 of 3
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 0160 00
PRODUCT REQUIREMENTS
01 60 00 - 1
PRODUCT REQUIREMENTS
Page I of 2
5 A. Section Includes:
6 1. A listing of the approved products for use in the City
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 [NOT USED]
13 1.3 REFERENCES [NOT USED]
14 1.4 ADMINISTRATIVE REQUIREMENTS
15 A. A list of City approved products for use is attached to this Section.
16 B. Only products specifically included on City's Standard Product List in these Contract
17 Documents shall be allowed for use on the Project.
18 1. Any subsequently approved products will only be allowed for use upon specific
19 approval by the City.
20 C. Any specific product requirements in the Contract Documents supersede similar
21 products included on the City's Standard Product List.
22 1. The City reserves the right to not allow products to be used for certain projects even
23 though the product is listed on the City's Standard Product List.
24 D. Although a specific product is included on City's Standard Product List, not all
25 products from that manufacturer are approved for use, including but not limited to, that
26 manufacturer's standard product.
27 E. See Section Ol 33 00 for submittal requirements of Product Data included on City's
28 Standard Product List.
29 1.5 SUBMITTALS [NOT USED]
30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]
31 1.7 CLOSEOUT SUBMITTALS [NOT USED]
32 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
33 1.9 QUALITY ASSURANCE [NOT USED]
34 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July I, 2011
01 60 00 - 2
PRODUCT REQUIREMENTS
Page 2 of 2
1 1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART 2 - PRODUCTS [NOT USED]
4 PART 3 - EXECUTION [NOT USED]
5 END OF SECTION
6
Revision Log
DATE NAME SUMMARY OF CHANGE
7
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
1
2
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 01 71 23
CONSTRUCTION STAKING
017123-1
CONSTRUCTION STAKING
Page 1 of 3
5 A. Section includes:
6 1. Requirements for construction staking.
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. Construction Stakes
19 1. Construction staking will be performed by the City.
20 2. Coordination
21 a. Contact City's Project Representative at least 2 weeks in advance for
22 scheduling of Construction Staking.
23 3. General
24 a. It is the Contractor's responsibility to coordinate staking such that construction
25 activities are not delayed or negatively impacted.
26 b. Contractor is responsible for preserving and maintaining stakes furnished by
27 City.
28 c. If in the opinion of the City, a sufficient number of stakes or markings have
29 been lost, destroyed or disturbed, by Contractor's neglect such that the
30 contracted Work cannot take place, then the Contractor will be required to pay
31 the City for new staking with a 25 percent markup.
32 1) The cost for staking will be deducted from the payment due to the
33 Contractor for the Project.
34 1.5 SUBMITTALS
35 A. Submittals, if required, shall be in accordance with Section 01 33 00.
36 1. All submittals shall be approved by the Engineer or the City prior to delivery.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
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CONSTRUCTION STAKING
Page 2 of 3
1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS
2 A. Certificates
3 1. Provide certificate certifying that elevations and locations of improvements are in
4 conformance or non-conformance with requirements of the Contract Documents.
5 a. Certificate must be sealed by a registered professional land surveyor in the
6 State of Texas.
7 B. Field Quality Control Submittals
8 1. Documentation verifying accuracy of field engineering work
9 1.7 CLOSEOUT SUBMITTALS [NOT 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 FIELD [SITE] CONDITIONS [NOT USED]
17 1.12 WARRANTY [NOT USED]
18 PART 2 - PRODUCTS [NOT USED]
19 PART 3 - EXECUTION
20 3.1 INSTALLERS [NOT USED]
21 3.2 EXAMINATION [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 [OR] 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
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (20I2-6)
01876
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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 SUMMARY OF CHANGE
10
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
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017423-1
CLEANING
Page 1 of 4
SECTION 0174 23
CLEANING
1.1 SUMMARY
A. Section Includes:
1. Intermediate and final cleaning for Work not including special cleaning of closed
systems specified elsewhere
B. Deviations from this City of Fort Worth Standard Specification
1. None.
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
2. Division I —General Requirements
3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding
1.2 PRICE AND PAYMENT PROCEDURES
A. Measurement and Payment
1. Work associated with this Item is considered subsidiary to the various Items bid.
No separate payment will be allowed for this Item.
1.3 REFERENCES [NOT USED]
1.4 ADMINISTRATIVE REQUIREMENTS
A. Scheduling
1. Schedule cleaning operations so that dust and other contaminants disturbed by
cleaning process will not fall on newly painted surfaces.
2. Schedule final cleaning upon completion of Work and immediately prior to final
inspection.
1.5 SUBMITTALS [NOT USED]
1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [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 July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
01 74 23 - 2
CLEANING
Page 2 of 4
1 1.11 FIELD [SITE] CONDITIONS [NOT USED]
2 1.12 WARRANTY [NOT USED]
3 PART2- PRODUCTS
4 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED]
5 2.2 MATERIALS
6 A. Cleaning Agents
7 1. Compatible with surface being cleaned
8 2. New and uncontaminated
9 3. For manufactured surfaces
10 a. Material recommended by manufacturer
11 2.3 ACCESSORIES [NOT USED]
12 2.4 SOURCE QUALITY CONTROL [NOT USED]
13 PART 3 - EXECUTION
14
3.1
INSTALLERS [NOT USED]
15
3.2
EXAMINATION [NOT USED]
16
3.3
PREPARATION [NOT USED]
17
3.4
APPLICATION [NOT USED]
18
3.5
REPAIR / RESTORATION [NOT USED]
19
3.6
RE -INSTALLATION [NOT USED]
20
3.7
FIELD [OR] SITE QUALITY CONTROL [NOT USED]
21
3.8
SYSTEM STARTUP [NOT USED]
22
3.9
ADJUSTING [NOT USED]
23
3.10
CLEANING
24
A. General
25
1. Prevent accumulation of wastes that create hazardous conditions.
26
2. Conduct cleaning and disposal operations to comply with laws and safety orders of
27
governing authorities.
28
3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in
29
storm or sanitary drains or sewers.
30
4. Dispose of degradable debris at an approved solid waste disposal site.
31
5. Dispose of nondegradable debris at an approved solid waste disposal site or in an
32
alternate manner approved by City and regulatory agencies.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July I, 2011
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01 74 23 - 3
CLEANING
Page 3 of 4
1
6.
Handle materials in a controlled manner with as few handlings as possible.
2
7.
Thoroughly clean, sweep, wash and polish all Work and equipment associated with
3
this project.
4
8.
Remove all signs of temporary construction and activities incidental to construction
5
of required permanent Work.
6
9.
If project is not cleaned to the satisfaction of the City, the City reserves the right to
7
have the cleaning completed at the expense of the Contractor.
8
10. Do not burn on -site.
9
B. Intermediate Cleaning during Construction
10
1.
Keep Work areas clean so as not to hinder health, safety or convenience of
11
personnel in existing facility operations.
12
2.
At maximum weekly intervals, dispose of waste materials, debris and rubbish.
13
3.
Confine construction debris daily in strategically located container(s):
14
a. Cover to prevent blowing by wind
15
b. Store debris away from construction or operational activities
16
c. Haul from site at a minimum of once per week
17
4.
Vacuum clean interior areas when ready to receive finish painting.
18
a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance.
19
5.
Prior to storm events, thoroughly clean site of all loose or unsecured items, which
20
may become airborne or transported by flowing water during the storm.
21
C. Interior Final Cleaning
22
1.
Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other
23
foreign materials from sight -exposed surfaces.
24
2.
Wipe all lighting fixture 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 D. Exterior (Site or Right of Way) Final Cleaning
36 1. Remove trash and debris containers from site.
37 a. Re -seed areas disturbed by location of trash and debris containers in accordance
38 with Section 32 92 13.
39 2, Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object
40 that may hinder or disrupt the flow of traffic along the roadway.
41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures,
42 junction boxes and inlets.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
01 74 23 - 4
CLEANING
Page 4 of 4
1 4. If no longer required for maintenance of erosion facilities, and upon approval by
2 City, remove erosion control from site.
3 5. Clean signs, lights, signals, etc. .�
4 3.11 CLOSEOUT ACTIVITIES [NOT USED]
5 3.12 PROTECTION [NOT USED]
6 3.13 MAINTENANCE [NOT USED]
7 3.14 ATTACHMENTS [NOT USED]
8 END OF SECTION r
9
Revision Log
DATE NAME SUMMARY OF CHANGE
10
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011 _
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01 77 19- 1
CLOSEOUT REQUIREMENTS
Page 1 of 3
SECTION 0177 19
CLOSEOUT REQUIREMENTS
1.1 SUMMARY
A. Section Includes:
1. The procedure for closing out a contract
B. Deviations from this City of Fort Worth Standard Specification
1. None,
C. Related Specification Sections include, but are not necessarily limited to:
1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the 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. Guarantees, Bonds and Affidavits
1. No application for final payment will be accepted until all guarantees, bonds,
certificates, licenses and affidavits required for Work or equipment as specified are
satisfactorily filed with the City.
B. Release of Liens or Claims
1. No application for final payment will be accepted until satisfactory evidence of
release of liens has been submitted to the City.
1.5 SUBMITTALS
A. Submit all required documentation to City's Project Representative.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01976
4"
1 1.6 INFORMATIONAL SUBMITTALS [NOT USED]
2 1.7 CLOSEOUT SUBMITTALS [NOT USED]
3 PART 2 - PRODUCTS [NOT USED]
4 PART 3 - EXECUTION
5 3.1 INSTALLERS [NOT USED]
6 3.2 EXAMINATION [NOT USED]
7 3.3 PREPARATION [NOT USED]
8 3.4 CLOSEOUT PROCEDURE
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01 77 19 - 2
.CLOSEOtfT REQUIREMENTS
Page 2 of 3
A. Prior to requesting Final Inspection, submit:
1. Project Record Documents in accordance with Section 01 78 39
2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23
B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section
01 7423.
C. Final Inspection
1. After final cleaning, provide notice to the City Project Representative that the Work
is completed.
a. The City will make an initial Final Inspection with the Contractor present.
b. Upon completion of this inspection, the City will notify the Contractor, in
writing within 10 business days, of any particulars in which this inspection
reveals that the Work is defective or incomplete.
2. Upon receiving written notice from the City, immediately undertake the Work
required to remedy deficiencies and complete the Work to the satisfaction of the
City.
3. Upon completion of Work associated with the items listed in the City's written
notice, inform the City, that the required Work has been completed. Upon receipt
of this notice, the City, in the presence of the Contractor, will make a subsequent
Final Inspection of the project.
4. Provide all special accessories required to place each item of equipment in full
operation. These special accessory items include, but are not limited to:
a. Specified spare parts
b. Adequate oil and grease as required for the first lubrication of the equipment
c. Initial fill up of all chemical tanks and fuel tanks
d. Light bulbs
e. Fuses
f. Vault keys
g. Handwheels
h. Other expendable items as required for initial start-up and operation of all
equipment
D. Notice of Project Completion
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
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017719-3
CLOSEOUT REQUIREMENTS
Page 3 of 3
1. Once the City Project Representative finds the Work subsequent to Final Inspection
to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet).
E. Supporting Documentation
1. Coordinate with the City Project Representative to complete the following
additional forms:
a. Final Payment Request
b. Statement of Contract Time
c. Affidavit of Payment and Release of Liens
d. Consent of Surety to Final Payment
e. Pipe Report (if required)
f. Contractor's Evaluation of City
g. Performance Evaluation of Contractor
F. Letter of Final Acceptance
1. Upon review and acceptance of Notice of Project Completion and Supporting
Documentation, in accordance with General Conditions, City will issue Letter of
Final Acceptance and release the Final Payment Request for payment.
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE -INSTALLATION [NOT USED]
3.7 FIELD loe] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 'CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
I
3 PART1- GENERAL
4 1.1 SUMMARY
SECTION 0178 39
PROJECT RECORD DOCUMENTS
01 78 39 - 1
PROJECT RECORD DOCUMENTS
Page 1 of 4
5 A. Section Includes:
6 1. Work associated with the documenting the project and recording changes to project
7 documents, including:
8 a. Record Drawings
9 b. Water Meter Service Reports
10 c. Sanitary Sewer Service Reports
11 d. Large Water Meter Reports
12 B. Deviations from this City of Fort Worth Standard Specification
13 1. None.
14 C. Related Specification Sections include, but are not necessarily limited to:
15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract
16 2. Division 1 — General Requirements
17 1.2 PRICE AND PAYMENT PROCEDURES
18
A. Measurement and Payment
19
1. Work associated with this Item is considered subsidiary to the various Items bid.
20
No separate payment will be allowed for this Item.
21
1.3
REFERENCES [NOT USED]
22
1.4
ADMINISTRATIVE REQUIREMENTS [NOT USED]
23
1.5
SUBMITTALS
24
A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to
25
City's Project Representative.
26
1.6
ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED]
27
1.7
CLOSEOUT SUBMITTALS [NOT USED]
28
1.8
MAINTENANCE MATERIAL SUBMITTALS [NOT USED]
29
1.9
QUALITY ASSURANCE
30 A. Accuracy of Records
31 1. Thoroughly coordinate changes within the Record Documents, making adequate
32 and proper entries on each page of Specifications and each sheet of Drawings and
33 other Documents where such entry is required to show the change properly.
34 2. Accuracy of records shall be such that future searches for items shown in the
35 Contract Documents may rely reasonably on information obtained from the
36 approved Project Record Documents.
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
01 78 39 - 2
PROJECT RECORD DOCUMENTS
i
Page 2 of 4
1
3. To facilitate accuracy of records, make entries within 24 hours after receipt of
2
information that the change has occurred.
3
4. Provide factual information regarding all aspects of the Work, both concealed and
4
visible, to enable future modification of the Work to proceed without lengthy and
5
expensive site measurement, investigation and examination.
6
1.10 STORAGE AND HANDLING
7
A. Storage and Handling Requirements
8
1. Maintain the job set of Record Documents completely protected from deterioration
9
and from loss and damage until completion of the Work and transfer of all recorded
10
data to the final Project Record Documents.
11
2. In the event of loss of recorded data, use means necessary to again secure the data
12
to the City's approval.
13
a. In such case, provide replacements to the standards originally required by the
i
14
Contract Documents.
15
1.11 FIELD [SITE] CONDITIONS [NOT USED]
16
1.12 WARRANTY [NOT USED]
17
PART 2 - PRODUCTS
18
2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED]
i
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2.2 RECORD DOCUMENTS
20
A. Job set
#,
21
1. Promptly following receipt of the Notice to Proceed, secure from the City, at no
22
charge to the Contractor, 1 complete set of all Documents comprising the Contract.
23
B. Final Record Documents
24
1. At a time nearing the completion of the Work and prior to Final Inspection, provide
25
the City I complete set of all Final Record Drawings in the Contract.
26
2.3 ACCESSORIES [NOT USED]
27
2.4 SOURCE QUALITY CONTROL [NOT USED]
do
28 PART 3 - EXECUTION
29 3.1 INSTALLERS [NOT USED]
30 3.2 EXAMINATION [NOT USED]
31 3.3 PREPARATION [NOT USED]
32 3.4 MAINTENANCE DOCUMENTS
33
34
35
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
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
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01 78 39 - 3
PROJECT RECORD DOCUMENTS
Page 3 of 4
2. Preservation
a. Considering the Contract completion time, the probable number of occasions
upon which the job set must be taken out for new entries and for examination,
and the conditions under which these activities will be performed, devise a
suitable method for protecting the job set.
b. Do not use the job set for any purpose except entry of new data and for review
by the City, until start of transfer of data to final Project Record Documents.
c. Maintain the job set at the site of work.
3. Coordination with Construction Survey
a. At a minimum, in accordance with the intervals set forth in Section 01 7123,
clearly mark any deviations from Contract Documents associated with
installation of the infrastructure.
4. Making entries on Drawings
a. Record any deviations from Contract Documents.
b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the
change by graphic line and note as required.
c. Date all entries.
d. Call attention to the entry by a "cloud" drawn around the area or areas affected.
e. In the event of overlapping changes, use different colors for the overlapping
changes.
5. Conversion of schematic layouts
a. In some cases on the Drawings, arrangements of conduits, circuits, piping,
ducts, and similar items, are shown schematically and are not intended to
portray precise physical layout.
1) Final physical arrangement is determined by the Contractor, subject to the
City's approval.
2) However, design of future modifications of the facility may require
accurate information as to the 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 I
inch, the centerline of each run of items.
1) Final physical arrangement is determined by the Contractor, subject to the
City's approval.
2) Show, by symbol or note, the vertical location of the Item ("under slab", "in
ceiling plenum", "exposed", and the like).
3) Make all identification sufficiently descriptive that it may be related
reliably to the Specifications.
c. The City may waive the requirements for conversion of schematic layouts
where, in the City's judgment, conversion serves no useful purpose. However,
do not rely upon waivers being issued except as specifically issued in writing
by the City.
B. Final Project Record Documents
1. Transfer of data to Drawings
a. Carefully transfer change data shown on the job set of Record Drawings to the
corresponding final documents, coordinating the changes as required.
b. Clearly indicate at each affected detail and other Drawing a full description of
changes made during construction, and the actual location of items.
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
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01 78 39 - 4
PROJECT RECORD DOCUMENTS
Page 4 of 4
c. Call attention to each entry by drawing a "cloud" around the area or areas
affected.
d. Make changes neatly, consistently and with the proper media to assure
longevity and clear reproduction.
2. Transfer of data to other Documents
a. If the Documents, other than Drawings, have been kept clean during progress of
the Work, and if entries thereon have been orderly to the approval of the City,
the job set of those Documents, other than Drawings, will be accepted as final
Record Documents.
b. If any such Document is not so approved by the City, secure a new copy of that
Document from the City at the City's usual charge for reproduction and
handling, and carefully transfer the change data to the new copy to the approval
of the City.
3.5 REPAIR / RESTORATION [NOT USED]
3.6 RE -INSTALLATION [NOT USED]
3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED]
3.8 SYSTEM STARTUP [NOT USED]
3.9 ADJUSTING [NOT USED]
3.10 CLEANING [NOT USED]
3.11 CLOSEOUT ACTIVITIES [NOT USED]
3.12 PROTECTION [NOT USED]
3.13 MAINTENANCE [NOT USED]
3.14 ATTACHMENTS [NOT USED]
END OF SECTION
Revision Log
DATE NAME SUMMARY OF CHANGE
CITY OF FORT WORTH
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS
Revised July 1, 2011
HMAC SURFACE OVERLAY (2012-6)
01876
APPENDIX
GC-4.01 Availability of Lands: N/A
GC-4.02 Subsurface and Physical Conditions: Provided
GC-4.04 Underground Facilities: N/A
GC-4.06 Hazardous Environmental Condition at Site: N/A
GC-6.06.D Minority and Women Owned Business Enterprise Compliance: Provided
GC-6.07 Wage Rates: Provided
GC-6.09 Permits and Utilities: N/A
GC-6.24 Nondiscrimination: "None"
GR-01 60 00 Product Requirements: N/A
CITY OF FORT WORTH HMAC SURFACE OVERLAY (2012-6)
STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 01876
Revised July 1, 2011
HEAVY & HIGHWAY CONSTRUCTION
PREVAILING WAGE RATES 2008
Air Tool Operator
$10.06
Asphalt Distributor
or
$13.99
Asphalt Paving Machine
ODeretor
$12.78
Asphalt Raker
SI L01
Asphalt Shoveler
S 1.10
Buching Plant Wei sr
$14.13
is
Broom or Sweeper Operator
9.88
I Bulldozer Opwmor
1313.22
Carpenter
$12.80
Concrete FlnMer. Paving
$12.83
1313.27
I Concrete Finisher Sauccuree
Concrete hivinto bin Machine
1312.00
Orator
Concrete PavinlgFinishin� Machine Operator
$13.63
Concrete Paving Joint Sealer Operator
1112.30
Concrete Qsv1r# saw Oper1w $13.56
I ConcrMe twine Spreader Operutor S14.90
Concrete Rubber f S10,61
Cfne, Clambeli. Beckhoo. Derrick. Draolne. Shovel Operator 1 $14.12
tectrlcfan
$18.12
jj
S 9.43
Faun wilder/3erter.5trustures
$11.63
Form Settee Paving all: Curb
gill
211.83
Foundation , Crawler Mounted
$13.67 1
Foundation Drill , Tnxk Mounted
'
316.30
Front End LoaderEE
1312.62
Labooer. Common
1
S 9.18
Laborer Utility
$10.63
mats e�e
816
Millin Machine Operator. Fine Grade
Sol.
Mixw
311.58
� , Fi
j Motorw Qpp
313.20
gads
m
Motor (trader 8 .Row
$14.50
Otter
S 14.98
1 Painter. Sae om
S13.17
Pavement Mmking M"ne Operator
310.04
Pt
$11.04
I R8 Steel Setter. Pavinj
ror:cinf
1114.116
Re Steel Setter. Stricture
$14.29
M Roller , Pneumatie, Self -Propelled
$11.07
Roller , Steel Wheel, FINeelframpin3
810.92
I Roller , Steel Wheel, Plops Mix Pavement
I f 11.28
I Scrt�er Star
1111.42
1 Seav er
12.32am
{ Slip FoMachine Opentoe
1512.33
-- S Box Opersear
1 f 10.92
rrectaa , Cmwlw Type
S12.60
1112-91
txtor
{ Tr , Fneurneoic
I rraveling Mixer
1 f 12,03
1 hvck Driver, Low F
I f 14.93
I Truck Driver, SinO ale. Heavy
1 11141
{ rruck Driver, Sin a Axis, Li#k
151091
I rmxk Driver, randern Axle, Semi- rreaer
(811 14
i rrtxk Drives, rrarteit-Mrs
�S8
W Dull, Boring Machu*, Poor Hole Driller Opmtor
S114200
Weldep
$1) 57
`
WoZ tone l>vncade Service►
I SIO 09
PROJECT DESIGNATION SIGN
PMS - 288 7 f
4�„� oRT ORTH, 1"
-t 4
62
PMS -187
I
13„
3�� I Project Title + „
J 1
4,_Q„
3"1 2ND LINE t
IF NECESSARY 3 f f
1 2' Contractor: , »
22"EContractor's Name-T 2
71„
1 2" . Scheduled Completion Date , >>
12 t Year 1 2
1"
FONTS: t
FORT WORTH LOGO = CHELTINGHAM BOLD
ALL OTHER LETTERING = ARIAL BOLD
LOGO COLORS: ..
FORT WORTH - PMS 288
LONGHORN LOGO - PMS 167 PROJECT DESIGNATION SIGN
LETTERING - PMS 288
BACKGROUND - WHITE CITY OF FORT WORTH -CONSTRUCTION STANDARD
BORDER - BLUE
DRAWING NO. I DATE: 9-20-02 . - - - _11 F
ON
Project Name: HMAC Surface Overlay
DOE Project Number:
Mapsco Location:
Street Maintenance Work Notice,
As part of the City of Fort Worth's Street Maintenance. Program,
has been contracted to repair your street. During the maintenance work, there will be a
brief time that you may not have access to your residence or business. On the days
specified below, vehicles can not be parked on the street. Also, please turn off your
sprinkler adjacent to the street.
If you have any questions or concerns, please contact contractor
at
If we are not able to resolve your concern to your satisfaction, you may also contact
City of Fort Worth Inspector at Monday -
Friday between 7:30 a.m. and 4:30 p.m.
After 4:30 p.m. and on weekends, call (817) 392-8100.
Block
Street
Project
Expected Construction Dates
Limits
Name
Limits
Weather Permitting
1100 to 1200
Brown Street
Yates Avenue to Keller Springs Parkway
From 6-20-06 to 7-4-06
Nombre del Proyecto: HMAC Surface Overlay )
Numero del Proyecto DOE:
Ublcaclbn Mapsco:
Notificacion de Mantenimiento de la Calle
Como parte del Programa de Mantenimiento de las Calles de la Ciudad de Fort Worth,
ha sido contratado -para reparar su calle. Durante este~
trabajo de mantenimiento, habrfi un tiempo breve en que no tenga acceso a su hogar o
negocio. En los dlas especificados abajo, vehiculos no deben estacionarse el la calle
Tambien, por favor apague su sistema de regar el cesped cerca de la calle. I
Si tiene alguna pregunta o concierne, por favor Ilame al contratista al.
Si no resuelve su concierne a su satisfaccibn, puede tambien Ilamar a la Oficfina de
Inspeccibn de la Ciudad de Fort Worth al , de lunes a
viernes entre las 7:30 a.m. y 4:30 p.m.
Despues de las 4:30 p.m. o en los fines de semana Ilame al (817) 392-8100.
Umltes Nombre Umites Fechas de Construccl6n
De Sloaues de Call* D* Prov*cto Pennitlondo el Estado do Tlemog
1100 a 1200 Brown Street Yates Avenue a Keller Springs Parkway De 6-20-06 a 7-4-06
COLLAR CONFIGURATION COLLAR CONFIGURATION
FOR PAVED AREA FOR UNPAVED AREA
I
5'-0"
MANHOLE FRAME AND -1
32" DIA. DUCTILE IRON "'' :i '+...,. • -; \i'' :.• : - . \
COVER. (REFER TO i•Y t '.;., :I:.. °. •r
STD. PRODUCT LIST)
: Y .'. • t c.:.� :,..... 3" TYP.
4000 PSI :, : :::r•
CONCRETEZltr
8-#4 REBARS TYP. ' 4..•+'- "':=--�`"`* :'
2"x8"x30"I.O.-
CONCRETE PRECAST
GRADE RINGS PER
ASTM C478.
30" CLEAR
I OPENING
•';:;: 2 ROWS OF RAM-NEK SEAL '•�
—w/STAGGERED JOINTS OR—
•`':+' APPROVED EQUAL.
SECTION -A --A
O
I
to
v
Y44" CHAMFER (TYP.)
1
z GROUND
4 4
CONCRETE COLLAR
HEIGHT VARIES
(D REBAR SHALL BE PLACED 3" O WHERE MANHOLES ARE IN O
HINGED LIDS ARE REQUIRED
MIN. FROM TOP AND BOTTOM THE STREET, INSTALL 2 OR
ON ALL ELEVATED MANHOLES,
OF CONCRETE COLLAR. MORE GRADE RINGS, AS
JUNCTION BOXES AND WHERE
NEEDED, BETWEEN CASTING
SPECIFIED ON PLANS. (REFER
AND TOP OF PAVEMENT.
TO STD. PRODUCTS LIST)
4O HINGED LIDS INSTALLED IN O
LOCKS TO BE INSTALLED ON
ALL MANHOLE LIDS BELOW
E1-14, E1-20, E1-21 MATERIAL STREETS SHALL OPEN
THE 100-YEAR FLOOD ELEV.
ww E2-14, E2-20, E2-21 CONSTRUCTION AGAINST THE FLOW OF
AND WHERE SPECIFIED ON
TRAFFIC.
PLAINS,
On+�. CITY OF FORT WORTH, TEXAS
DATE: OCT. 2009
i�• MANHOLE FRAME, COVER, GRADE
RINGS AND CONCRETE COLLAR
SAN-009
Manhole Riser
"9" Dia. Hole
th 302 Stainless
el Roll Pin
Cross Section view
10 or 12 gage G90 galvanized steel
o-�
T
O--_Height new asphalt overlay
4
3,
�--- 3/4" thick riser bar
Expanding Linkage
4 2 1/4" r„ 17/64" Diameter holes 6
Ok "14 .4-4. W-' I[ I'-
3/4" O.D.
S 5/8" ® d 1 /41, 3/8" I. D.
3/8" - 16 Thread
Item
Item
Material Description
Tensile
Tensile
Number_
Descri tion
_ _ _
Yield
Ultimate
1
Mr. Roll Piro ^:
302 Stainks Steel (14f000 LB Double Sheer Strength)
2
Steel Skirt
12 or 10 gage A.I.S.jj. 1020 Steel (A-36)
33.000
P S.I.
60,000
P.S.I.
G-90 Galvwazed
I 3
Weld
650/6,70841 circurnference welded
75,000
P S.I.
85,000
P S.I.
4
3/4" wide Riser Bar
Not Rolled Steel AI.S.I. 1020 (A-36) J
33,000
P S.I.
60,000
P S.I.
5
Rod Fix%
ForgingAl.S.I. C-1030 SIoe1 Heat Treated BHN 240
70,000
P S.I.
92,000
P S.I.
Zinc PIUW with Dichromate Finish
6
Turnbuckle
1,S.I. 1020 BFW 149
P S.I
80.000
P S
170,000
=Lint Plated gipped in Linebacker " intubntor — ---
T—
—
— — �
Water. . Valve Riser Cross Section view
12 gage G90 galvanized steel
-new asphalt overlay
3/3" D.O.M. Tube
Item Item Material Description
Number Description
I Steel Skirt 12 gage A.I.S.1. 1020 Steel (A-36)
G-90 Galvanized
2 Weld Lincoln Outershedd 71 Elite 045
3 Nil" wide D 0 M Tube D. 0 M. Tube A.I.S.1. 1026 (A313 type S)
Tensile Tensile
Yield Ultimate _
33,000 P.S 1. 60,000 P.S.I.
75,000 P S i. g3,000 P S.1.
72 000 P S. I. 17,000 P. S 1.
I"
rjr+%w
4011 IMN40 too isw afl d c«re[hof
re mossam comm sma
romr
a 1« .y o" crsnft/
y
cAI A+41� Mf '. p'ec.
D E W] A L
j
s.•ANSON .001rra
I00wf r00 Awdej to is+�s �Oirrt d ;rr
a��cr/or ur,.cr wo too' ra+�rw:
�i esomm" bm% I* M Nei w "mew
TrptCAt COiMSTR"rIOM LArWr Of cum a 6UTTER,
C04MrUMN SACIVALX AM ARIVEWAr
SAowmN F140/sp An/ Elp#AsAm Joint Location
AvgWo 1/0►/ar r a O/p 0 r
i
!L 4664*9
rac.ww •,@Mn
cI r r :i FOIST ram, rrxAs - ccws raw ricW sum- oARA
ww� rA 5"r 00 • t OAM _ • NAY NII
0
p3 'U' BARS O 18' O.C.
THESE BARS MUST BE
PLACED AT THE TIME THE
PAVING SLAB IS POURED
1 ` - 4 'A' 13/4 6'
NO. 4 BARS 18'1j/2 R
C C BOTH WAYS /SLOPE 1 / ' R F007
spa Is' smut 9,QPE
EXIT E� �; rEn roo► i�stwJ TAMPED
VZ TOPSOIL k,
3'R 'F `3 CONT. z N
TAMPED
SELECT
RCKF
EMST{NJ
`7 s
MUNIMULL EXCAVATION OUTUNE
SUBGRAOE FOR STREET CONSTRUCTION
12' 3' _ 6'
7 " CURB REPAIR DETAIL
NOT TO SCALE
NOTE: GUTTER TO BE SHAPED TO /
CONFORM WITH CONCRETE
VALLEY (OR PAVEMENT)
EXPANSION �� EXPANSION
JOINTS A JOINTS
7
O
A
/ INTERSECTING VALLEY
-- - - -
aLAN VIEW
p3 BARS 0
1", OR AS DIRECTED
18" O,C.B.W.
BY THE ENGINEER
4" MIN.
(OR EQUAL
*
r = a
7"
TO ADJOINING
'..• �.,�
.. , 0 1. r r�. �'�
t
PVMNT. DEPTH)
I
8'-0" I
(RESIDENTIAL STREETS) j
SECTION A -A
TRANSITION SECTION
THE 7" REINFORCED CONCRETE VALLEY SHALL REPLACE
THE TOP 7" OF THE PAVEMENT WITH THE REMAINING
(FOR VALLEYS CROSSING MAJOR
STREETS)
PORTION OF PAVEMENT TO BE CONSTRUCTED INCLUDING
SUBGRADE TREATMENT. IN ACCORDANCE WITH THE
DISTANCE FROM
CROWN
TYPICAL PAVING SECTION. THE CONCRETE VALLEY WALL
CE OF DIP
BE GOVERNED ACCORDING TO CITY STANDARDS FOR
CONCRETE CURB & GUTTER. THE CONCRETE SHALL
0'
0.000'
CONSIST OF WASHED AND SCREENED AGGREGATE WITH
A MINIMUM OF FIVE (5) SACKS OF CEMENT PER CUBIC
5'
0.041'
YARD OF CONCRETE IN PLACE WITH A MIN. FLEXURAL
10'
0.083'
STRENGTH OF 550 POUNDS PER SQUARE INCH AT SEVEN
DAYS WITH CENTER LOADING.
20'
0.208'
30'
0.333'
40'
0.458'
NOTE: THIS DRAWING DUPLICATES
DRAWING C-1066-R.
50'
0.500'
CITY OF FORT WORTH, TEXAS DATE: 09/2004 ,
CONCRETE
VALLEY GUTTER
STR_022
DUMMY JOINT IN RAMP OPTIONAL PROVIDE EXPANSION JOINT ONLY
IN W - 0" DRIVE *AV ONLY. / 1F CONNECTING TO EXISTING
//
ExIST'NG CURB & GUT 7ER,IF CONCRETE DRIVE.
ANr, MUST BE SAWED AS D-RECT• I REINFORCE S"ORIVE 0 3 BARS
CO BY THE ENGINEER. / A AT IB O.0 I.W.
REINFORCE 4" WALK 13 BARS
CR 0 W-LINE - - AT O.C-B.W. REFERENCE
f
I I I I I
I 11'-0"FOR ;51 L WY. ,
1 I III'-0'FOR 10 wy 1
STANDARD SIDEWALK ,q 10'-0"MIN. I� PpO
IT'-0"MIN. ; STANDARD�' CURS & GUTTERI
II
EXP JOINT —,---I
EXCEPT ,
SLIP -FORMED
20'-0"MIN. SINGLE OWY.
21=O"MIN.000BLE DWY.
L
A
SIDEWALK SLOPE 1/4"PER PLAN VIEW
FOOT TO FACE OF CURB OR AS
DIRECTED BY ENGINEER
I A
I I 4' SIDEWALK
AL
1 2"SAND CUSHION
OR APPROVED
Sv9GRAOE.
R.ow.LlhE 1
oRwr WIDTH I A B
10' I 1 9
II' TO 14' 2 YoS' 9'
I
is, TO19 3toT 2
20'TO22 j5to?,15
m 0111 MATCH AS
DIRECTED
��—EX► JOINT
EXCEPT
SLIP- FORMED
HALF LENGTH PAID AS
ATTACHED CURS (CONC.
PAVEMENT ONLY)
SEE STANDARD CURB
&GUTTER SECTION.
PARKWAY WIDTH
8 (SEE TABLE) is
STANDARD
DRIVEWAY AND CURB LAYO
S GUTTER PAY LIMIT CUR
/Q j=
SECTION A -A
YI
DWY, PAY LIVITA 1 SUSGRAOE
W/CONt E T E PV EM E N T
S,OEAALw SE:TIOM T►+RU ORIVEWAY •O BE
P7uRED SAME THICKNESS AS ORIoEWAY
APPROACH 5 PA 0 FOR AS ORIvEWAV
APPROACH EIIIVING S'OE*&LK, FA%•,
TO BE REy0�ED 4hO REPLACED.
nVISCO 9/2p/S? J.A.N410". ORIVEWAY APPROACH
4Ev'SEO AIJl. 79 •p.J.- .J. S.tw.R.M
RErISEO iEb. 'e.ICR&wi%G
CITY of F04T WORTH, TEXAS - C oaS TRpCYIpN STANOAR' D
S./w A M
AEv1SE0 MAT 93•E,i.r/IMR V 000 S-5 5 ( OA►E MAY, 993
STANDARD APPROACH
C
MAIINOL[ IO TO K CONSTRUCTED OVER OUTLET.
All Ef/OOEB SURFACES AMC TO OE WELL ►INISIKO.
EXCAVATION FOR INLET 19 TO BE INCLUDED IN PRICE
SM FOR DAM[.
14• CNA^ RO SliiVEL
0° !4°
t0° 1!°
.. O° o°
a --
RADIUS AND SLOPE AS $TO. CURS Q
c 1/R° 10 SANS
GRAO[ OF OUTTER AT L INLET AO L OM
Srr SMOOTH TR[L f FMql„
1•_0°0 1�' '8 C.1, COVEN
VAR.
RAT. SLITTER
S/O° ifREHIF BARS I O
Tom. G IA° / DAN S °
3/0° f R[IMF SANS
° f RLK
u w or I 1•' a
I1 d M a I°e 4° R[TFlRT >
e SECTION A -A
S/1° CHAMFER 1 OARS AT S° C-C
• S L-SAR AT 0° C-C OI LIlU OF
• N1IVWRF
NOT[: THE DEPTH °0° FOR ALL STANDARD S' INLETS
SMALL BE 4'-0° AT THE UPPER END AND
1'-4° AT THE OUTLET END FROM THE TOP
OF CURS TO THE FLOW LINE OF THE INLET.
IF THE INLET 10 NOT STANDARD, THE
DEPTHS WILL BY SHOWN ON THE P}ANO.
-0 IF DEPTH OVER !•-AT MANHOLE• !T[Is SHALL
BE CONSTRUCTED PER SINS. 00. S-SOT
OIS MS[T THAT M Tp OEA MEAN C011NEN TOP CURB
oa � ti. � o- TOP GUTTER AT oUT110[ E01[
•
NOTE, GUTTER CONSTRUCTION IN FRONT OF INLET AS
SHOWN IS TO Of CONSNKNEO AS PROT OF SAME
06
OL-
0 1/4•CNAMFE ELEVATION OF OPENING c/«° o
M K PAT LIMIT OF INLET \ >s
W 01MEIMOR °A° ONALL MATCH THE OUTTEN DIMENSMM 0 USE FLOW LINE OF OUTTEN
w ON THE ►RO4ECT, AND WILL SE EITHER 1.5' OR 1.0•
/ OAR O'-p°
V! ° I OAR it Fii O° /
r
01
PLAN LI"SA°f BARK 10•-9°
II/O° 0 M. CURS • SUTTER BASS AT !!° C•C
ww S'-14 BARB WHEN NOT COIMECTNM TO RWIEWNT ci NO SCALE
USE O'-O• VARO WHEN COIRKCTNM TO PAVEMENT e
•
ADD 8.02 LOG. STEEL WHEN COIIIRCTINO TO PAVEMENT o
OF e
w
REVSKI) l/n/DT JA,.N./RR.M.
STANDARD 5' STORM DRAIN INLET
CITY of FORT WORTH; TEXAS —CONSTRUCTION STANDARD
DRAWING 010. S-SD 1 L DATE : JAN. 1969
--- mv7VL'It A" lOrI
r i I
# —me -- -t
8" 24"
- 2-
2'
F
N 24" CHAIN,
NO SWIVEL I I
7I 1 11 1
— FACE OF CURB
1
I
USE #3 BARS X S-2" 0 22"
O.C., UNLESS CONNECTING TO
PAVEMENT, THEN USE #3 BARS
X 5'-3" 0 22" O.C.
A
- #3
BARS
A
PLAN VIEW
—#3 BARS 0 12" O.C.
(REAR FACE, REAR WALL)
— #3 BARS 0 18" O.C.
(NEAR FACE, REAR WALL)
#4 BAR X 11'-0"
C.I. (2) #4 BARS X 15'-9"
COVER
-� a
I A (SEE
NOTE 2)
- #3 BARS 0 18" O.C.
NOTES:
1. DIMENSION "D" (DEPTH) FOR ALL STANDARD 10'
INLETS SHALL BE 4'-0" AT THE UPPER END AND
4'-8" AT THE OUTLET END (MEASURED FROM THE
TOP OF CURB), FOR NON-STANDARD INLETS THE
DEPTH WILL BE SHOWN ON THE PLANS.
2. DIMENSION "A" SHALL BE THE GUTTER DIMENSION IN
USE ON THE PROJECT.
3. IF MANHOLE DEPTH IS OVER 5'-0", STEPS WILL BE
REQUIRED AND SHALL BE CONSTRUCTED PER
DRAWING SO-013.
4. GUTTER CONSTRUCTION IN FRONT OF INLET (AS
SHOWN) IS TO BE CONSIDERED AS PART OF SAME.
5. ALL EXPOSED SURFACES ARE TO BE WELL FINISHED.
EXCAVATION FOR INLET IS TO BE INCLUDED IN PRICE
BID FOR SAME.
(FRONT FACE, FRONT WALL) 1'-0.
#3 BAR X 15-9" VARIES
RADIUS AND —
SLOPE AS
STD. CURB
-X" CHAMFER j TOP OF CURB END OF INLET TO BE
1 NEAR CURB CORNER
3'-0" I 10'-0" OPENING I S-0"
PAY LIMIT OF INLET
IEVATION VIEW
TOP OF GUTTER TOP OF CURB
OUTSIDE EDGE 2" 1■
FLOW LINE -SECTION 6=B `2"
OF GUTTER
GRADE OF GUTTER
AT INLET C/L
- A -
(SEE —FACE OF CURB
NOTE 2) 3'
2-1/2"
2'R
00
SR
13 BARSJ•'�-: �
3/4- CHAMFER
70
18 O.C.
STD, CURB AND a
GUTTER - #3 BARS )
BENT INTO WALL •`'' 24"
#4 BARS AT 8"
O.C.
BOTH WAYS
1 "x4" KEYWAY
OR #3 L-BAR 0
S-4
La
0 0
Z
w
w
8" O.C. IN LIEU OF I
KEYWAY
SECTION A -A
REVISED DATE: 11-2009
oRTWORTH
CITY OF FORT WORTH, TEXAS DATE: 06-2007
STANDARD 10' STORM DRAIN INLET SD-001
_......_ _ _ 10' P A R K W A Y
�•J
S'
R.O.W. � I EXP. JOINT MArL
" • . �, o. EXISTTNG CURB
Z' 5AND CUSHION
I] BARS @ ISO C_C BOTH WAYS
S0SMEWALK
�a
/O" Porkmo; .
r
pa.� � ��/l 9io�•
114 ~ Poi F0SL EXISTISC CURB
13 BARS 18" C-C BOTH NUTS r,
2" S"D CUSHION
Not /O scor'I
4' STANDARD CONCRETE SIDEWALK
NOTE:
1. CONCRETE SHALL BE 3000 PST AT
24 DAYS
L REINFORCING SHALL BE 13 BARS
AT IS- CC BOTU WAYS,
WAY SECTION
PATE: t4,ct+ 12. 1993