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Home My WebLink AboutContract 62454CSC No. 62454 FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF 2024 MISCELLANEOUS SANITARY SEWER MANHOLE REPAIR CONTRACT Mattie Parker Mayor City Project No. 105359 Chris Harder, P.E. Director, Water Department Prepared for The City of Fort Worth WATER DEPARTMENT 2024 Pt F TE t LAWRENC9 HAMILTON 90528 , ,•r�� , 3 /08"l10ay David Cooke City Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OFFORT WORTH, TEXAS WATER DEPARTMENT 2024 MISCELLANEO US SANITARYSEWER MANHOLE REPAIR CONTRACT City Project No. 105359 CHRIS HARDER, P.E. DIRECTOR WATER DEPARTMENT 2024 7 APPROVED -'- -- TONfSHOLO q, A , ASSUTANT JJRECTOR, WATER DEPARTMENT REIM NDED { -- bATR FORT WORTH, "I'll City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pagel of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 00 05 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 11 Bidders Prequalifications 08/13/2011 00 45 12 Prequalification Statement 09/30/2021 0045 13 Prequalification Application 08/13/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 03/08/2024 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 0061 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/08/2024 00 73 00 Supplementary Conditions 03/08/2024 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 10/06/2023 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 0135 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 0158 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 8, 2024 City Project No. 105359 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 - Existing Conditions None Division 03 - Concrete None Division 26 - Electrical None Division 31- Earthwork None Division 32 - Exterior Improvements None Division 33 - Utilities None Division 34 — Transportation 3471 13 1 Traffic Control Date Modified Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httvs:Hapus.fortworthtexas.Lyov/Proi ectResources/ Division 02 - Existing Conditions Last Revised None Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03/11/2022 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical None Division 31- Earthwork None Division 32 - Exterior Improvements None Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 09/07/2018 3303 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 3305 13 Frame, Cover and Grade Rings 09/09/2022 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 8, 2024 City Project No. 105359 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 3339 10 Cast -in -Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 60 Liners for Sanitary Sewer Structures Division 34 - Transportation None Appendix GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates END OF SECTION Page 3 of 4 12/20/2012 12/20/2012 12/20/2012 04/29/2021 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 8, 2024 City Project No. 105359 City of Fort Worth, Texas Mayor and Council Communication DATE: 08/13/24 LOG NAME: 602024SSMHR-BCAC SUBJECT M&C FILE NUMBER: **M&C 24-0674 (ALL) Authorize the Execution of a Contract with BCAC Underground, LLC, in an Amount up to $750,000.00 for the 2024 Miscellaneous Sanitary Sewer Manhole Repair Contract at Various Locations Throughout the City and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Year's 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with BCAC Underground, LLC in an amount up to $750,000.00 for the 2024 Miscellaneous Sanitary Sewer Manhole Repair Contract at various locations, with three optional renewals; and 2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $900,000.00, from available PayGo residuals within the Water and Sewer Capital Projects Fund, for the purpose of funding the 2024 Miscellaneous Sanitary Sewer Manhole Repair Contract (City Project No. 105359) to effect a portion of Water's contribution the Fiscal Years 2024 — 2028 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with BCAC Underground, LLC, in the amount of $750,000.00, for 2024 Miscellaneous Sanitary Sewer Manhole Repair Contract, with the option of three renewals. The work to be performed under this contract consists of sanitary sewer manhole repairs and the installation of interior epoxy manhole coatings as identified by the Water Department's Wastewater Field Operations staff. The Water Department is neither staffed nor equipped to perform sanitary sewer manhole interior epoxy coating. This contract is necessary to extend the useful life of deteriorated sanitary sewer manholes in the wastewater system in lieu of replacing them with new manholes. The bid documents included a stipulation that the total quantities listed may not reflect actual quantities and that the amount budgeted for the projects is $750,000.00. Final payments will be made based on actual measured quantities. The bid documents also included a stipulation giving the City the option to renew this contract three times under the same terms, conditions and unit prices subject to appropriated funding. The project was advertised for bid on March 14 and March 21, 2024 in the Fort Worth Star -Telegram and on April 11, 2024 the following bids were received: Bidder 11 Amount I Time of Completion (BCAC Underground, LLC 1I$921,500.00 11365 Calendar Days JAce Pipe Cleaning, Inc. I1$938,497.40 11 In addition to the contract amount, $150,000.00 is required for project management and inspection It is the practice of the Water Department to appropriate its Capital Improvement Program (CIP) plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2024 — 2028 Capital Improvement Program, as follows: 602024SSMHR-BCAC Capital BudgetRevised Fund Project FY 2024 CIP Change Authority Name Name Appropriations (Increase/ Budget B Budget Decrease) 56002- 105359 W&S - 2024 Capital Misc SS $0.00 This M&C $900,000.00 $900,000.00 Projects Manhole Fund Conptr Funding is currently available in the Unspecified All -Funds project within the Water & Sewer Capital Projects Fund for the purpose of funding the 2024 Miscellaneous Sanitary Sewer Manhole Repair Contract project. Funding for 2024 Miscellaneous Sanitary Sewer Manhole Repair Contract as depicted below. FUND Capital Projects Fund 56002 (Project Total Existing Appropriations $0.00 $0.00I Additional Project Appropriations Total $900, 000.00 I$900, 000.00 $900,000.001$900,000.00 *Number rounded for presentation purposes The project will have no impact on the Water Department's operating budget when completed. AGREEMENT TERMS: The agreement may be renewed for three additional renewals at the City's option. The renewal action will not require City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligation during the renewal terms. This amendment will not impact the agreement terms that have already been set in place. Business Equity: BCAC Underground, LLC is in compliance with the City's Business Equity Ordinance by submission of the Prime Contractor Waiver Form. The City's Business Equity goal on this project is 20 percent. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Unspecified All -Funds project within the W& S Capital Projects Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the 2024 Misc SS Manhole Rep Contr project to support the above recommendations and execution of the contract. Prior to any expenditures being incurred, the Water Department has the responsibility of verifying the availability of funds. Future Year appropriations are subject to Mayor and Council approval. Submitted for Citv Manaaer's Office bv: Oriainatina Business Unit Head Fernando Costa 6122 Cy Ti 0 7 F WR Additional Information Contact: Lawrence Hamilton 2626 602024SSMHR-BCAC FID Table 1 2 56002 0700430 4956001 105359 2 56002 0700430 105359 2024 2024 $900,000.00 $900,000.00 2 56002 0600430 4956001 UNSPEC UNSPEC 9999 $900,000.00 Unspec Balances reside in 0600430 2 56002 0700430 4956001 105359 001730 9999 ($900,000.00) 2 56002 0700430 5110101 105359 001730 9999 $70,000.00 2 56002 0700430 5310350 105359 001730 9999 $800.00 2 56002 0700430 5330500 105359 001730 9999 $2,000.00 2 56002 0700430 5710010 105359 001740 9999 $500.00 2 56002 0700430 5310350 105359 001740 9999 $500.00 2 56002 0700430 5330500 105359 001740 9999 $500.00 2 56002 0700430 5110101 105359 001780 9999 $1,000.00 2 56002 0700430 5330500 105359 001780 9999 $10,000.00 2 56002 0700430 5540101 105359 001780 9999 $100.00 2 56002 0700430 5550102 105359 001780 9999 $100.00 1 56002 0700430 5740010 105359 001780 9999 $750,000.00 To pay contractor 2 56002 0700430 5310350 105359 001784 9999 $2,000.00 2 56002 0700430 5330500 105359 001784 9999 $12,000.00 2 56002 0700430 5110101 105359 001785 9999 $50,500.00 File #: M&C 24-0674 Version: 1 Name: Type: Award of Contract Consent Status: Passed File created: BJ8/2024 En control: CM COUNCIL On agenda: Bi13/2024 Final action: 3/1312024 Title: (ALL) Authorize the Execution of a Contract with BOAC Underground, LLC, in an Amount Up to $750,000.00 for the 2024 Miscellaneous Sanitary Sewer Manhole Repair Contract at Various Locations Throughout the City and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Year's 2024-2028 Capital Improvement Program Attachments: 1. M&C 24-0674. 2. ORD.APP 60202455MHR-BCAC 56002 AO24(r2),pdf History Cl] Ted 1 record Group Export Date . Vex Action By Action_ Rewlt Action Eretaits Meeting Details Video 3113/2024 1 CITY COUNCIL Appoved Action details Meeting details Nat available 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 000510-1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page 1 of 1 SECTION 00 0510 MAYOR AND COUNCIL COMMUNICATION (M&C) END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 0011 13 INVITATION TO BIDDERS Pagel of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of 2024 Miscellaneous Sanitary Sewer Manhole Repair Contract, CPN 105359 ("Project") will be received by the City of Fort Worth via the Procurement Portal httvs:Hfortworthtexas.bonfirehub.com/portal/?tab=oven0pi)ortunities, under the respective Project until 2:00 P.M. CST, Thursday, April 11, 2024. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST in the City Council Chambers. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: https://fortworthtexas.bonfirehub.com/Dortal/?tab=oi)en0vvortunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non -responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en- us CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised 2/08/24 City Project No. 105359 0011 13 INVITATION TO BIDDERS Page 2 of 3 Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] — Bonfire Vendor Support (gobonfire.com) GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Repair and/or Epoxy Coat Sanitary Sewer Manholes TIME PERIOD AND RENEWALS The time period of this Agreement will be for one calendar year or the expiration of the funding, whichever occurs last. The city reserves the right to renew the contract for up to three (3) additional one calendar year time periods or up to four (3) additional funded expenditures of $750,000.00 under the same terms, conditions and unit prices. The City shall provide at least sixty (60) days' notice to the Contractor of the City's intent to renew. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for qualification and pre -qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal httDs://fortworthtexas.bonfirehub.com/Dortal/?tab=oDenODDortunities, under the respective Project. Contract Documents maybe downloaded, viewed, and printed by interested contractors and/or suppliers. Bid Document Package https://av)-us3.e- builder.net/public/vublicLandin2.asi)x?OS=ac2e 1 eeecc29448a93505f74d650442f Addenda Folder httns://abb-us3.e- builder.net/public/vublicLandin2.asnx?OS=93712b5aO 18145c9896524a98059c895 The cost of Bidding and Contract Documents is: No Cost EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting "yes" under the Intent to Bid section. All Addenda will be posted in the Procurement Portal httDs://fortworthtexas.bonfirehub.com/portal/?tab=oDenOD_Dortunities, under the respective Proj ect. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised 2/08/24 City Project No. 105359 0011 13 INVITATION TO BIDDERS Page 3 of 3 PREBID CONFERENCE — Is not being held If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. ADVERTISEMENT DATES March 14, 2024 March 21, 2024 END OF SECTION CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised 2/08/24 City Project No. 105359 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 10 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS 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. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre -qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: httDs://apps.fortworthtexas.2ov/Proi ectResources/ CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised/Updated November 2, 2021 City Project No. 105359 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 3.1.1. Water and Sanitary Sewer — Requirements document located at: httDs://aDDS.fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/Water%2Oand%2 OSanitarv%2OSewer%2OContractor%2OPreaualification%2OProuam/W S S%20pre aual%20reauirements.Ddf 3.2. Each Bidder, unless currently prequalified, must submit to City at least 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. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised/Updated November 2, 2021 City Project No. 105359 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4.1.4. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.5. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.6. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.7. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.8. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised/Updated November 2, 2021 City Project No. 105359 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 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. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised/Updated November 2, 2021 City Project No. 105359 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 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 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 200 Texas Street Fort Worth, TX 76102 Attn: J. Chris Underwood Email: john.underwood@fortworthtexas.gov Phone: (817) 392-2629 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration system at httvs://auD-us3.e- builder.net/Dublic/DublicLandin2.asnx?OS=93712b5aO l 8145c9896524a98059c895 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised/Updated November 2, 2021 City Project No. 105359 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 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 the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: httns://codelibrary.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City 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. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised/Updated November 2, 2021 City Project No. 105359 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 12.2. All blanks on the Bid Form must be completed 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 for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 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 venture 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 Purchasing 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. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised/Updated November 2, 2021 City Project No. 105359 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 14. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. 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 a minimum of 90 days or 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. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such 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. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised/Updated November 2, 2021 City Project No. 105359 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such 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. 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 contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httvs://www.ethics.state.tx.us/data/forms/1295/1295.vdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised/Updated November 2, 2021 City Project No. 105359 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT MANHOLE REPAIR CONTRACT Revised/Updated November 2, 2021 City Project No. 105359 003513 CONFLICT OF INTEREST STATEMENT Page 9 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fork Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Cody: Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.u_s) httDS:llwww,ethics.st-ate.tx.usldatalforms/conflict/CIS.Pdf ❑ CIQ Form does not apply ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary d CIS Form does not apply ❑ CIS Form is on File with City Secretary 0 CIS Farm is being provided to the City Secretary BIDDER: BOAC Underground LLC By: Ben Go a11-� Signature: Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 00 4100 Bid Proposal Workbaok CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 04th Leg., pegular Session. This questionnaire is being flied in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176,001(1-a) with in local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local govgmmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See 5eclion 176.006(a 1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. jt�A FORM CIO OFFICE USEONLY Dale Received J Check#his box If you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 71h business day after the date on which you became aware that the originally filed questionnaire was incomplete or Inaccurate) J Name of local government officer about whom the information is being disclosed. A4 Name of Officer J Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer, Complete subparts A and B for each employment or business relationship described. Attach additional pages to this form Cl4 as necessary. A. Is the local government officer or a family member of the officer receiving or likely to recelve taxable income, other than investment income, from the vendor? E] Yes FYI No U. Is the vendor receiving or likely to receive taxable inoorne, other than investment Income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? FlYes 7V I No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership Interest of one percent or more. ,A-n J ❑Check this box If the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 17E.003(a-1). J 4^ S gnature of vendor doing business with the governmental entity Date Korm provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11112621 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT (instructions for completing and filing this form are provided on the next page.) This questionnaire reflects changes made to the law by H.R. 14g1, 8uth Lag., Regular Session. This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement in accordance with Chapter 176, Local Government Code. IName of Local Government Officer 11 J Office Held FORM CIS OFFICEUSE ONLY Date Received iN A 31 Name of person described by Sections 176.002(a) and 176.003(a), Local Government Code NA JDescription of the nature and extent of employment or other business relationship with person named in item 3 1/0 J Llst gifts accepted by the local government officer and any family member, excluding gifts described by Section 176.003(a-1), if aggregate value of the gifts accepted from person named to item 3 exceed $250 during the 12-month period described by Section 176.003(a)(2)(S) Date Gift Accepted y /Y f � Description of Gift /fir A Date Gift Accepted r ►+ t^ Description of Gift N A Date Gift Accepted .,kt l- Description of Gift ; A J AFFIDAVIT AFFIX NOTARY STAMP / SEAL ABOVE (attach additional forms as necessary) I swear under penalty of perjury that the above statement Is true and ewract. I acknowledge that the disclosure applies to a family member (as defined by Section 176.001(2), Local Govemment Code) of this local government officer. i also acltnoWedge That this statement covers the 12-month period described by Section 176,003(a), Local Government Code AA Signature of Local Government Officer r-7 % f [t L- Swomlt�o and subscribed before rne, by the said Ij t1 `� t'[, 64 ��—(�L11L 4�,4t.� r�+u r , this theday Of r. t 20to certify which, witness my hand and seat oroffice- Signature of orficer administering oath Printed name of officer Administering oath Title of offlcer admimStering Oath Adopted 0612912007 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legIs.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-al; "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on; (A) a transaction that Is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (G) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Cade § 176.003(a)f?)LA) and M: (a) Alocal government officer shall file a conflicts disclosure statement with respect to a vendor if; h�k (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (€) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code � 176.006(a) and (a-11 (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(8), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potentlai contract with the local governmental entity; or (2) the date the vendor becomes aware; (A) of an employment or other business relationship with a local government officer, Ora family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government off leer. Form provided by Texas Ethics Commission www.ethics. state. tx.Lis Revi$ad 111/2021 0041 00 DID FORM Page 1 of 3 SECTION 04 41 00 BID FORM TO: The Purchasing Manager clo: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: 2024 MISCELLANEOUS SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No.: 105359 Units/Sections: Sanitary Sewer Manhole Repairs d. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Prlce 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 BIl7QERS 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 submlt 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 solicit{ng 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. CITY OF FORT WORTH STANDARD C01\15TRUCTION SPECIFICATION 00GUMENTS €2evised 913012021 00 41 00 Bid Propo98l WOrKbOOk 00 41 00 BID FORM Page 2 of 3 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. 3. Prequatiflcation The Bidder acknowledges that the following work types must be performed only by prequaliiied contractors and subcontractors: a. Sanitary Sewer Manhole Repairs b. - c. - f, - g, h. - 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within $65 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones) within the times specified In the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 Issued by a surety meeting the requirements of paragraph 5.01 of the General Conditions. 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. PrequaHfcation Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 36 13 "If necessary, CIQ or CIS forms are to be provided directly to City Secretary h, Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/3012021 4o 4100 Bid Pmpaaal workbook 004100 MD FORM PQ¢9 3 Of 3 S. Total Bid Amount 8.1. 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. 8.3. Total Bid 7, Bid Submittal This Bid Is submitted on 4.10.2024 Respe ufl ubmitted 1 (Signature) � !I (Printed Name) Title: president Company: BOAC Underground Lt_C Address: 5000 Airport Freeway, Haltom City, TIC 76117 State of Incorporation, Texas Email: Ben@bcacunderground,com Phone: 214-415�869 cell 817-492-1504 - Office END OF 5ECTI0N $921,500.00 by the entity named below. BCAC Underground LLC Receipt Is acknowledged of the following Addenda: (Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: I Corporate Seal: Initial CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised S13012021 00 41 DO 91a Prapoaal Workbook SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Project Item Information Unit l - 00 42 43 BID PROPOSAL Page I or Bidder's Application B3 ddei's Prapos9l Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No, Measure Quantity 1A* Epoxy Manhole Liner Warren Environmental Coating (4- 33 39 60 VF 1,000 foot Dia. Manhole) $500,00 $600,000,00 113* Epoxy Manhole Liner Chesterton Protective Coating (4- 33 3960 VF 1,000 foot Dia. Manhole) 4 4 2A* Epoxy Manhole Liner Warren Environmental Coating (5- 33 3960 VP l00 foot Dia. Manhole) $660.00 $66,000.00 213* Epoxy Manhole Liner Chesterton Protective Coating (5- 33 39 60 VF 100 foot Dia. Manhole) 3A* Epoxy Manhole Liner Wa1Ten Environmental Coating (6- 33 39 60 VF 100 foot Dia. Manhole? - $550.00 $55,000.00 313"° Epoxy Manhole Liner Chesterton Protective Coating (6- 33 39 60 VF 100 foot Dia. Manhole) 4 Work Order Mobilization 01 7000 EA 120 $500.00 $60,000.001 5 Realign and Grout Casting EA 10 $1,500.00 $15,000.00l 6 Repair Chimney -/ Cone EA 10 $800.00 $8,000.001 7 Sewer Manhole Lit Hales and Coat Repair EA 10 $800.00 $8,000.001 $ Clean Sewer Manhole, Repair Pipe Seal and Coat Area EA 10 $1 500 00 $15,000.00 9 Repair Manhole / Water Stoppage of Inflow & EA 10 Infiltration -- -- - $3,500.00 $35,000,00 10 Removal of Existing Coating, (Ail Size Manholes) VF 100 $500.00 $50,000.001 11 Traffic Control, Residential 3471. 13 EA 10 $100.00 $1,000,001 12 Traffic Control, Arterial / Industrial 3471 13 EA 10 $100,00 $1,000.00I 13 Street Use Permit EA 25 $100.00 $2,500,001 " CONTRACTOR TO PROVIDE UNIT PRICE/811) FOR ONLY ONE OF THE FPDXY LINER AI.TJ' RNA I IV ES DO NOT PROVIDE UNIT PRICEIBID FOR EACH ALTERNATIVE. Total B➢dl $916,500.001 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 4/7012021 00 41 00 Hid Proposal Workbook Primary Responses Success: All data is v34dl ALTERNATE 7 ICONTRACTOR TO PROVIDE UNIT PRICEMID FOR ONLY ONE OF THE EPDXY LINER ALTERNATIVES DO NOT PROVIDE UNIT PRICEIBID FOR EACH ALTERNATIVE}(INSERT 0 CITY) Epoxy Manhole Liner Warren Environmental Success: All values wovided a1-1 Coating (A -foot Dia. Manhole) (ENTER 0 FOR NO 33 3960 VF 1000 3 600.00 3 600,Do0.00 BID) Epoxy Manhole Liner Warren Envlronmerrtal Success. Alt values provided -- _ Coating (5400t 0". Manhole] (ENTER 0 FOR NO 333 396G VF 100 $ 650.00 f 66.003.00 BID) Epoxy Manhole Liner Warren Environmental Success: al values Wmided i1-3 Coating (64cot Dia_ Manhole) (FILTER 0 FOR NO 333963 VF 100 3 550.00 5 55,000.00 BID) s 72t,000.00 ALTERNATE 2 (CONTRACTOR TO PROVIDE UNIT PRICEIBID FOR ONLY ONE OF THE EPDXY LINER ALTERNATIVES DO NOT PROVIDE UNIT PRICEiBID FOR EACH ALTERNATIVE)( INSERT 0 OTY) Epoxy Manhole Liner Chesterton Protective Success: All values provleee P21 Coating (A -foot Dia. Manhole) (ENTER 0 FOR NO 33 35E7 'rF t000 $0.01) 3 a00 BID) Epoxy Manhole Liner Chesterton Protective S-- All values p—Wed a'1-2 Coating (5400t Dia. Manhole) (ENTER 0 FOR NO 33 3g 62. ti7: 100 $0.00 3 00c BID) Epoxy Manisole Liner Chesterton Aro[ective Succesr. Aa valuesprwlded s2-3 Coating 16-foot Dfa. Manhole) (ENTER 0 FOR NO 33 2960 VF soo am) BASE BID 5vocess. A/I,W— W-1ded Work Order Mubili"Rion Dt 7000 S—ess, An values wovlded a3.2 Realign and Grout Casting 999999 Success. AN values wovlded a33 Repair Chimney l Cone 999999 Su-eas: AN values provided R-A Sewer Manhole Lift Hales and Coat Repair 99 99 R9 Clean Sewer Manhole, Repair Pipe Seat and Coat 5uceess All values p—ided SS-5 Area 99 99 59 3aoo EA 12G S 5Do.011 S 60,000.00 EA 10 S 1,5w-G0 S 15,DD0.00 EA 13 S a00 G0 S 13,0110.0D EA 10 $$w Go 5 O,DD0.00 EA 10 S 1500.00 S 15,DD0.00 Success: All vjw— provided x3_5 Repair Manhole J Water Stoppage of Inflow It 5593 W Infiltration Sousse: All uatues p—ded Ni-7 Removal of Existing Coating (AII Sire Manholes) 3583 ss Suoccae: All -1- povided Xis Tramc Control, Residential .347t 13 S—: All v..%- provided ki-9 Trafi•tc Control, Arterial! Industrial 3471 13 S--: AE v kY provided cs-a Street Use Permit lENTER 100 in UNIT PRICE) SSS9 99 EA 10 33,50000 335,90a00 V, 10D 5 5n0 00 3 50.000" EA 10 5100A0 31,000.00 EA 10 310000 S t,000.00 EA 25 s amid) $ 7.500.00 3 200,50a_00 S 921,500.00 SECTION 00 4313 RID BOND KNOW ALL BY THESE PRESENTS: 0043 13 DID 84Np Pago 1 of 2 That we, BOAC Underground LLC , known as "Bidder" herein and The Hanover Insurance Company a corporate surety duly authorized to do business to the State of Texas, known as "Surety" hereln, 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 percent (5%) of Bidder's maximum bid price, in 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. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 2024 MISCELLANEOUS SANITARY SEWER MANHOLE REPAIR CONTRACT NOW, THEREFORE, the condition of this obligation Is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract In writing with the City in accordance with the terms of such same, than this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract In accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal andfor Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue ohail lie in Tarrant County, Texas nr tha United States District Court for the Northern District of Texas, Fort Worth Division - IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this Instrument by duly authorized agents and officers on this the 9th day of Aofll 2024. ATTEST: A�J, c f �1�G• F7 Witness as"fo rineipa CITY OF FORT WORTH STANDARo coNsTRUCTION SPECIFICATION DOCUMENTS Revised MIX2021 PRINCIPAL: BOAC Underground LLC j' BY: - (. Signature Name and 71t1e 00 4100 Bid Prgposal VVgAbook Witness s 1b SlirefY Liam Hackett, Witness Attach Power of Attorney (Surety) for Attorney -in -Fact o0 43 13 BID BOND Pape 2 of 2 Address: 5000 Air prt Freeway Haltom city. TX 781 17 SURETY: The Hanover insuranoe Company 1 BY: _J Signature "- Sean McCaule Jr„ Attorney�-in-Fact Name and Title Address: 440 Lincoln Street Worcester, MA 01663-0002 Telephone Number: (508) 853-7200 ,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, bath must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION 01-Y OF FORT WORTH STANQARp CONSTRUC70N SPECIFICATION DOCUMENTS Ravisad W3012021 00 41 CO 81d Proposal Workbook THE HANOVER INSURANCE COMPANY MASSACHUSFTTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY Or AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the mariner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS. ThatTHE HANOVER INSURANCE COMPANY and MASSACHUSETTS DAY INSURANCE COMPANY, both being corporations crganized and existing underthe laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the 5ta%of Michigan, (hereinafter individually and ooliectively the "Company') does hereby constitute and appoint, Sean McCauley, Jr. , Sam Duckett, Katie Rooney, Bridget Truxillo, Sarah Timmons, Ashlyn Slmchik, JR(rod Yost, Liam Hackett, Alex Rausch andlor Sterling Ward Of MCCAULEY BOND AGENCY LLC of Dallas, TA each individually, if there be more than one named, as its true and lawful attorneys) -in -fact to sign, execute, seal, acknowledge and deliver for, and on Its behalf, and as its act and deed any placo within the United States, any and all surety bonds, reeagnixances, undertakings, or other surety obligations. The execution of such surety bonds, recognizancos, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, thatihis power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to tho extent of any limitation stated below - Any such obligations In the United Statea, not to exceed Thirty Five Million and No1100 ($38,000,000) In any single Instance Thatthis power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors ofsald Company, and said Resolutions remain In full force and affect; RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -tact of the Company, in its name and as It acts, to execute and acknowledge for and an its behalf as surety, any and all bonds, recognizences, contracts of indemnity, waivers of citation and all otherwrilings obligatory In the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such attorneys -In -fact shall be bincing upon the Company as If they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification In respect thereto, granted and exeCulep by the President or Vice President in conjunction with any Vice President of the Company, Ghats be binding an the Company to the same extent $s half signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted OctotlQr7,1981— The Hanover Insurance Company; Adopted April 14.1982— Massachusetts Bay Insurance Company; Adopted September 7,2001—Citizens Insurance Company ofArne ica and affirmed by each Company on March 24, 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAYINSURANCE COMPANYand CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by twa Vica Prasldants, this 22nd day of January, 2024 0_2 ctt"111,111 $ ,Ora � The HagavRr Wuvi st CamDany hlaa fthwitehla.yIrwrtraCoopw.y Lnris�W 1n►orunteCartpitry.0fAmtrtca " 44,_� J KAwraekl, Vico Pros don STATE OFCONNECTICUT ) COUNTY OF HARTFORD ) ss- The HaRow4r 144mmpee CompHpy R <huxetU laity trarraxrr Cotnpany I ufnau nrrCompoayofAmcrko Ilan M, MB Oou, Vice Preerdenl On this 22,11 day of January, 2024 before me came the above named Executive Vice President and Vsce President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company ofAmerica, tome personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of Amiarico, respectively, and that the said corporate seals and their signatures as officers were duly affixed and a,ih9.rr1hsf1 in amid Inatrnmgnt by the aulhonty and direction Of Said Cornorations. w�Rdsr t;=L61*01UjCWMWy __ MAYCoBtr91at1 31.2025 1 � n y "tou es, My commlasi�" ex� ires July 91, 2*25 t, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregaing is a full, true and correct copy of the original Power of Attorney Issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in farce and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 9th day of April .2024 CERTIFIED COPY Tl,9 rklift ur"Ce QIIIDa It}:my IN ohy Cc A oho Rawedder, Vice Proldear Certificate N° 8 1 3 7 THIS IS TO CERTIFY THAT STATE OF TEXAS STATE BOARD OF INSURANCE } Company No. 08-37955 CF_n,rIFICAYE OF AUTHORITY THE HANOVER INSURANCE COMPANY BEDFORD, NEW HAMPSHIRE has complied with the laws of the State of Texas applicable thereto and is hereby authorized to trans- act the business of Fire; Allied Coverages; Hail, growing crops only; Rain; Inland Marine; Ocean Marine; Aircraft --Liability & Physical Damage; Accident; Health; Workers' Compensation & Employers' Liability; Employers' Liability; Automobile —Liability & Physical Damage; Liability other than Automobile; Fidelity & Surety; Glass; Burglary & Theft; Forgery; Boiler & Machinery; Credit and Livestock insurance within the State of Texas. This Certificate of Authority shall he in full force and effect until it is revoked, canceled or suspended according to law. IN TESTIMONY WHEREOF, witness my hand and seal of office at Austin, Texas, this 6th of_........ June 1986 ................. A. D. .,........... CQhitil SIQNER OF,INSURANCE i rugM a000 00 4s W VENDOR COMPLIANCE To STATE LAW Page 1 or 1 SrECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for Construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located, The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatioally disqualify that bidder. Resident bidders must check the box in Section B, A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Z_ BIDDER: END OF UC'TION By: (Signature) Title: i% x $'" ` 4` t]8te: q'' ' _2L� CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 913012021 00 41 00 Bid Proposal Workbook 0045 11 -1 BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalifled or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalifled for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalifled at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequaliflcation Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequaliflcation Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxDermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised August 13, 2021 City Project No. 105359 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised August 13, 2021 City Project No. 105359 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised August 13, 2021 City Project No. 105359 00 45 12 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Sanitary Sewer Manhole Repairs Contractor/Subcontractor Company Name Preq ual ifi cation Expiration Date BCAC Underground LLC 4/30/2024 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: L L L 0 0 0 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/30/2021 By:/p yL� (Signature) Title: 0�S;zCti �►� Date: Lf 00 41 00 Bid Proposal Workbook FORTWORTH. May 15, 2023 Mr, Ben Goodall BOAC Underground, LLC 7500 Rosewood Avenue Fort Worth, TX 76116 PREQUALIFICATION TO BID CITY OF FORT WORTH WATER DEPARTMENT PROJECTS Dear Mr. Goodall: Thank you for your submittal of information and data toward prequallfication to perform our work. We are pleased to advise that your prequaiification has been finalized. A bid limit $24,762,745.60 has been established for your organization based an the financial data submitted. Your firm is prequOfied to perform the following work: -- Wastewater Mains (12" and under) for New Development using Open Cut construction methods -� Water Mains (12" and under) for New Development using Open Gut construction methods -- Miscellaneous work restricted to Rehabilitation of sanitary sewer manholes and junction structures with Warren Environmental System, CCTV Inspection The prequaiification and bid limit established above will remain current through 4/30/2024 This date was established to he sixteen (16) months from the date of the most recent financial statement received, unless rescinded for cause. Should you desire prequaiification in the future beyond the aforementioned, submittal of updated financials, work experience, and equipment list will be necessary for this department to establish a new bid limit. PIease be advised that the plans and documents for the work to be performed must be submitted to and approved by the City of fort Worth Water Department. We appreciate your Interest In our work and should you have some question in this or other matters within our purview, please do not hesltate to contact Mr. John Kasavich at (817)392-8480 or Norma Sauceda at (1317)392- 6055. Yours very truly MAIL TO' John Kasavich, P.E. f Fort Worth Water Department Engineering & Regulatory Services Chris Harder, P.E. 200 Texas Street Water Director Fart Worth, TX 76102 Fort Worth i err WATER DEPARTMENT THE CITY of FORT WORTH * 200 Tugs S'rMET * F4RT WORTH, TRxns 76102 817-392-8240 * Fax 817-392-8195 t964.1443.1033 t' palmed on recycled paper FORT WORTH. SECTION 00 45 13 PREQUALIFICATION APPLICATION Date of Balance Sheet Name under which you wish to qualify Post Office Box Street Address (required) ( 1 Telephone Mark only one: Individual Limited Partnership General Partnership Corporation Limited Liability Company City State Zip Code City State Zip Code ( 1 Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) Email/mail this questionnaire along with financial statements to the appropriate group below. A separate submittal is required for water/sewer, paving, and lighting: Work Category — Water Dept - Water/sewer Work Category — TPW Paving Work Category — TPW Ped/Rdwy Lighting john.kasavich@FortWorthTexas.gov TPW_Prequalification@fortworthtexas.gov clint.hoover@fortworthtexas.gov Fort Worth Water Department Engineering and City of Fort Worth Transportation and Public City of Fort Worth TPW Transportation Fiscal Services Division 200 Texas St. Fort Works Dept. 3741 SW Loop 820, Fort Worth, Management Attn: Clint Hoover, P.E. 5001 Worth, TX 76102 TX 76133 Attn: Alicia Garcia James Ave. Fort Worth, TX 76115 *Financial Statements must be mailed. Mark the envelope: "Bidder Prequalification Application" 0045 13 - 2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable — Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. Select major work categories for which you would like to be prequalified (City may deem you are not qualified for selected category or may approve you at a lesser size/length and maximum size may not be listed specifically under a major work category): MAJOR WORK CATEGORIES Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling — 36-Inches — 60 —inches, and 350 LF or less Tunneling - 36-Inches — 60 —inches, and greater than 350 LF Tunneling — 66" and greater, 350 LF and greater Tunneling — 66" and greater, 350 LF or Less _ Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller _ Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller _ Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller _ Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller _ Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes _ Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches — 36-inches Sewer Bypass Pumping 42-inches and larger _ CCTV, 8-inches and smaller _ CCTV, 12-inches and smaller _ CCTV, 18-inches and smaller CCTV, 24-inches and smaller CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED _! CCTV, 42-inches and smaller _ CCTV, 48-inches and smaller _ Sewer CIPP, 12-inches and smaller _ Sewer CIPP, 24-inches and smaller _ Sewer CIPP, 42-inches and smaller _ Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning, 24-inches and smaller Sewer Cleaning, 42-inches and smaller Sewer Cleaning, All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER $1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards)* Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER)* Roadway and Pedestrian Lighting NOTE *There is not a prequalification requirement for installation of concrete sidewalk, curb & gutter, driveways, and panel replacement, only on concrete street / ROW paving CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised August 13, 2021 City Project No. 105359 0045 13 - 4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in had: (a) As a General Contractor: construction work has your organization (b) As a Sub -Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION CONTRACT OF DATE CITY -COUNTY - AMOUNT WORK COMPLETED STATE *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so, where and why? NAME AND DETAILED ADDRESS OF OFFICIAL TO WHOM YOU REFER 6. Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised August 13, 2021 City Project No. 105359 0045 13-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. I NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised August 13, 2021 City Project No. 105359 CORPORATION BLOCK If a corporation: Date of Incorporation Charter/File No. President Vice Presidents Secretary Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Officers or Managers (with titles, if any) 0045 13 - 6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 PARTNERSHIP BLOCK If a partnership: State of Organization Date of organization Is partnership general, limited, or registered limited liability partnership? File No. (if Limited Partnership) General Partners/Officers Limited Partners (if applicable) Individuals authorized to sign for Partnership Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 0045 13-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as 'various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. ITEM QUANTITY 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 ITEM DESCRIPTION Various - CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 BALANCE SHEET VALUE TOTAL 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 0045 13 - 8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised August 13, 2021 City Project No. 105359 00 45 26 - 1 CONTRACTOR COMPLL4NCE WITH WORKER'S COMPENSATION LAW Page I of I 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No, 105359, Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with B worker's compensation coverage. 9 10 CONTRACTOR: 11 12 A(1 I� 13y; 13 ompany (Please Print) 14 i5 C Ut f+ hr�� Signature: 16 Address 1 8-l�f�[y�rt�1 'Title: 19 City/statelzip 1 - (Please Print) 20 21 22 THE STATE OF TEXAS 23 24 COUNTY OF TARRANT 25 26 27 2s 29 30 31 32 33 34 35 36 37 38 39 40 FORE ME, the undersigned authority, on this day personally appeared 4,"_( , known to me to he 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, �511 Aft. ! 1. for tiro purposes and consideration therein expressed and in tl c capacity therein stated. yGIVEN UNDER. MY HAND AND SEAL OF OFFICE this day of 1 AiVM,fqE0_ , 20f,-1 r Shelley C]ImI1roN y My OO'1misS2lan EXplrea Notary Public in and for the State of Texas T + 1126J2026 10 239 6M END OF SECTION CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Pmjdct No. 05359 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: httDs://codelibrarv.amleaal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EOUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 20% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REOUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Protege participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 httDs://anus.fortworthtexas.eov/Pro_iectResources/ResourcesP/60 - MW E/Business Equity Utilization 46 Form DVIN 2022 220324.Ddf 47 48 Letter of Intent CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised October 27, 2021 City Project No. 105359 004540-2 Business Equity Goal Page 2 of 2 1 httDs://anus.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.Ddf 4 Business Equity Good Faith Effort Form 5 httns://aDDs.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.Ddf 7 8 Business Equity Prime Contractor Waiver Form 9 httns://aDDs.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.ndf 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Business Equity Joint Venture Form httDS://aDDs.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.Ddf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. END OF SECTION CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised October 27, 2021 City Project No. 105359 00 52 43 - 1 Agreement Page I of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on & 17 / dLi , is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and ReAr. LLL , authorized to do business in Texas, acgng by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows; Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT Citv Proieet No. 105359 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of Seven -Hundred -Fifty Thousand & 001100 Dollars ($750.000.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 365 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Three -Hundred - Fifteen & 001100 Dollars (U15.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 3, 2024 OFFICIAL RECORD City Project No, 105359 CITY SECRETARY FT. WORTH, TX 005243-2 Agreement Page 2 of 6 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequal.ification Statement 4) State and Federal documents (project specaflc) b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Maintenance bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBF, and/or W Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawi ngs. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective .Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNtFtCATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its awn 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 specificallyintended_ to _operate and be effective even if it is alleLyed or ❑raven that all or some of the damages being souelit were caused, in whole or in part, by anv act, omission or neelieence of the city. This indemnity provision is intended to include, without limitatiou, indemnity for casts, expenses and legal fees incurred by the city in defending against such claims and causes of actions. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 3, 2024 City Project No. 105359 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification Drovision is specifically intended to overate 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 Dart, by anv act. omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7A SeverabilitylNon, Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated, CITY OF FORT WORTH 2024 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 3, 2024 OFFICIAL RECORD Ciry Proiect No. 103359 CITY SECRETARY FT. WORTH, TX 005243-4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract_ The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code, By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor. (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more ful14ime employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company„ have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term ofthe contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 22.74 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2024 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised Mauch 3, 2024 City Project No, 105359 005243.5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel. in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2024 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 3, 2024 City Project No. 105359 Q 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: S� Suture (Printed Name) pf V—S t Title r c j r tip; �a Address 1+1 C i t- ; •� 7E �r 7 City/State/Zip 4 - -7 Date City of Fort Worth By: w William Johnson fD c11. 202408:54 CST) William Johnson Assistant City Manager Dec 11, 2024 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 3, 2024 Date o F'"Te�yoad e°woe 9�d l.g Attest: 7f-•-.- b "�'a9 `'° aLaQ nEXASoa Jannette Goodall, City Secretary - (Seal) -NI&C- _14-0674 Date: 41JU12021 Form ]395-Nff.: 2MI162053 C'm-act Camphance N- Tananr: Bymp mg, I ackmmvladge tIzf I am the panon respon&ible for the namuforim.g and affinuasw=m of this conrra--� mr_.ludine ffau.-m5_ all performmce acid revorbnp, requa�nen�. David5m�a Pcoject deft "5 t? F0031 and 1e2aht "- Douglas Black (Dec 10, 2024 23:44 CST) I7QagIas R 31aek r. A3mtam City Att-olmm- rtCL10V—LL i'•rs'Vy&fENDM, Chu �sfveLier KMei7 r Christopher Ha rd r(Dec 10,2 22408:58 CST) C]]]stoph�rT_ adgr. P. E. Director, Water DgmtaeM OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 0061 l3 - l PERFORMANCE BOND Page 1 af2 EXECUTED IN DUPLICATE I SECTION 00 6113 Band No. 1106719 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS. 6 COUNTY OF TARRANT § 7 8 That we, BC:AC Underground LLC known as 9 "Principal" herein and The Hanover Insurance Company a corporate 10 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 13 sum of, Seven -Hundred -Fifty Thousand & 001100 Dollars ($750.000.00), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sure well 15 and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the __ day of , 20___, which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 20 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 21 provided for in said Contract designated as 2024 Miscellaneous Sanitary Sewer Manhole Repair 22 Contract; City Project No. 105359 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 25 perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to; and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH 2024 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANKOLE OPMR CONTRACT Reviacd December 8, 2023 City Preicet No. 105359 005113-2 PERFORMANCE HOND Page 2 4f 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS 'V HEREOF, the Principal and the Surety hav SIGNED an SEALED this 5 instrument by duly authorized agents and officers on this the J7 day of 7 8 9 10 11 12 13 14 1S 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 EST- �J�'� . `- � — C (Principal) Seer tary Witness as to Principal �_Won Witness as to Liam Hackett PRINCIPAL: BOAC Underground LLC BY: _ Signalhre rlc,t Name and Title Address: 5000 Airport Freeway Haltom City, TX 76117 SURETY; The Hanover Insurance Company Ashlyn Simchikr_Attorney-in_ Fact Name and Title Address: 440 Lincoln Street Worcester. MA 01653 Telephone Number: (508) 853-7200 Email Address: 13ondsPMcCaulevbvnds.com *Nate: 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. CM OF FORT WORTH 2O24 MISC SANITARY SHWER STANDARD CONSTRUCTION SPP-CIFICATIAN DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 8, 2023 City Project No. 105359 0061 14-1 PAYMENTBOND Page 1 of EXECUTED IN DUPLICATE 1 SECTION 00 6114 Bond No. 1106719 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS- 6 COUNTY OF TARRANT § 7 8 That we, BOAC Underground LLC known as 9 "Principal" herein, and The Hanover Insurance Company , a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" 11 herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation crested pursuant to the laws of the State of Texas, known as "City" herein, in the penal 13 sum of Seven -Hundred -Fifty Thousand & 001100 Dollars ($750,000.00), lawful money of the 14 United States, to be paid in Port Worth., Tarrant County, "texas, for the payment of which sum well 15 and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 16 jointly and severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 _day day of , 20 , which Contract is hereby referred to and made 19 a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor 20 and other accessories as defined by law, in the prosecution of the Work as provided for in said 21 Contract and designated as 2024 Miscellaneous Sanitary Sewer Manhole Repair Contraet; City 22 Project No. 105359 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 bored shall be determined in 30 accordance with the provisions of said statute. 31 CrTY OF FORT WORTH 2024 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 9, 2023 City Propel No. 105359 Q0 61 14 - 2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 is instrument by duly authorized agents and officers on this the day of 3 1'i o , 20 . S 6 7 8 9 10 11 12 ATTEST: rh (Principal] Se retary Witness as to Principal ATTEST: (Surety) kOMM Ster�ng Ward, Witness Witness as to Surety, Liam Hackett PRINCIPAL: BCAC Underground LLC BY: �-- Signature Name and Title ` Address: 5000 Airport Freewav _ Haltom City. TX 76117 SURETY: The Hanover Insurance Company BY: Si ature Ashlyn Simchik, Attorney -in -Fact Name and Title Address: 440 Lincoln Street Worcester, MA 01653 Telephone Number: (508) 853-7200 Email Address: Bon dsoMeCaulevbonds.corn 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 bate of the bond shall not be prior to the date the Contract is awarded. END OF SECTION MY OF FORT WORTH 2024 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MAN14OLE REPAIR CONTRACT Revised December 8, 2023 City Project No. 105359 0061 19- 1 MAINTENANCE BOND Page 1 00 EXECUTED IN DUPLICATE 1 SECTION 00 6119 Bond No. 1106719 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS., 6 COUNTY OF TARRANT 7 8 That we BOAC Underground LLC , known as 9 "Principal" herein and The Hanover Insurance Company , a corporate surety 10 (sureties, if more than one) duty authorized to do business in the State of Texas, known. as "surety" I 1 herein (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 sum 13 of Seven -Hundred -Fifty Thousand & 00/100 Dollars ($750.000.00), lawful money of the United 14 States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly 15 be made unto the City and its successors, we hind ourselves, our heirs, executors, administrators, 16 successors and assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the day of _ 20 which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, 21 equipment labor and other accessories as defined by law, in the prosecution of the Work, including 22 any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as 23 provided for in said contract and designated as 2024 Miscellaneous Sanitary Server Manhole 24 Repair Contract; City Project No.105359; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will remain 28 free from defects in materials or workmanship for and during the period of two (2) years after the 29 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, principal binds itself to repair or reconstruct the Work in whole or in part upon 32 receiving notice from the City of the need therefor at any time within the Maintenance Period. 33 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CON8TMUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Pevised D"ember 8, 2023 City PrajeeR Na, 1B5399 0061 19-7 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 2 any defective Work, for which timely notice was provided by City, to a completion satisfactory to 3 the City, then this obligation shall become null and void; otherwise to remain in full force and 4 effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to be 8 repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the 9 Surety under this Maintenance bond; and to 11 PROVEDED )FURTHER, that if any legal action be filed on this Pond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 is PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 16 recoveries may be had hereon for successive breaches. 17 18 m CITY OF FORT WORTH 2024 MISC $ANITARY SEWER STANDARD CONSTRUCTION SPECMCATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised Derembu S, 2023 city Project No. 105359 0061 19-3 MAINTENANCE BOND Page 3 of 3 I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and`SEALED this 2 instrument by duly authorized aFnts and officers on this the day of NJAI 3 .20 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 TTEST: l� (Principal) Sec tart' 4 6x�, Witness as to Prinoipal ATTEST: (8urCt=XKU�ii�WSrC ard, Witness Witness ut u Liam Hackett PRINCIPAL: BOAC Under round LLC BY: ignature 461 jok; Name and Title Address: 5000 Airport Freewav Haltom City, TX 761.17 SLM TY: The Hanover Insurance Comp_ Ashlvn Simchik, Attorney -in -Fact Name and Title J� Address: 440 Lincoln Street Worcester, MA 01653 Telephone Number; (508) 853-7200 Email Address; Bonds@McCauleybondsxom 37 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH 2024 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised Dmember 8, 2023 City Prgjeet No. I05359 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OFArTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: ThatTHE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, bath being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing Under the laws of the State of Michigan. (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Sean McCauley, Jr. , Sam Duckett, Katie Rooney, Bridget Truxillo, Sarah Timmons, Ashlyn Simehik, Jarrod Yost, Liam Hackett, Alex Rausch andfor Sterling Ward Of MCCAULIrY BOND AGENCY LLC of Dallas, TX each individually, if there be more than one named, as its true and lawful attomey(s)-In-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any piece within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations- The execution of such surety bonds, reoognizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as If they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons, Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Thirty Five Million and No/100 ($3S,000,000) in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company, and said Resolutions remain in full force and affect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in Its name and as it acts, to execute and acknowledge for and on Its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory In the nature thereof, with powerto attach thereto the seal ofthe Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED: That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as If atl signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adopted October 7, 1981— The Hanover Insurance Company; Adopted April 14,1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001—Citizens Insurance Company of America and affirmed by each Company on March 24. 2014) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANYand CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 22n" day of January, 2024 9)( "' am wa I i♦'rr r PA"r IMNrance cAmpia} ma mchow" nay lmaarPenee Cwnplay t:iibms Insunnre compeay.Ar Amtrin Vs H. Kawlaakk Vlm PrnNdaM STATE OF CONNECTICUT ) COUNTY OF HARTFORD Z'he Ilam Acr 1m "Aee Comp603 hwieue Bey ImaraNee Caropay u i loin17 see C6,hQioy Or Aeilerka Ilan W. Mandoze, Vice President - On this 22"d day of January, 2024 before me came the above named Executive Vice President and Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction ofsaid Corporations. WCn'y LatOUCri S Hwy PIUd�G. 5t��tr of Cpnrtacticut rolttntisplon E>q� Jtwiy 31.2025 1tPa'n dyatouear ry�c x My cotlrtmis;xi n bx irs Jut 31, 2025 I, the undersigned Vice President of The Hanover insurance Company, Massachusetts Say Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney Issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this CERTIFIED COPY day of Tic a Inwramx —" c llay t y r A ohm Rowcdlcr, Ylrr Prv4ftne Certificate No - STATE OF TEXAS STATE BOARD OF INSURANCE $ 1 3 7 s; M€ Company No. 08-37955 L ai n•• THIS IS TO CERTIFY THAT CERTIFICATE OF AUTHORITY THE HANOV€R INSURANCE COMPANY B€DFORD, NEW HAMPSHIRE has complied with the laws of the State of Texas applicable thereto and is hereby authorized to trans- act the business of Fire; Allied Coverages; Hail, growing crops only; Rain; Inland Marine; Ocean Marine; Aircraft --Liability & Physical Damage; Accident; Health; Workers' Compensation & Employers` Liability; Employers' Liability; Automobile —Liability & Physical Damage; Liability other than Automobile; Fidelity & Surety; Glass; Burglary & Theft; Forgery; Boiler & Machinery; Credit and Livestock insurance within the State of 'Texas. This Certificate of Authority shall be in full force and effect until it is revolted, canceled or suspended according to law. IN TESX'I1IIUNY WHEREOF, witness my hand and seal of office at Austin, Texas, this 6th of... June A. D. 198G ,.. I COADT SIQIvE OF I1�SI.�RANCE P L R. 6300 '- - — - - - - Hanover Insurance Group" I M PORTAN`I- NOTICE To obtain information or make a complaint: You may call The Hanover Insurance Company/ Citizens Insurance Company of America's toll -free telephone number for information or to make a complaint at: 1-800-608-8141 You may also write to The Hanover Insurance Company/ Citizens Insurance Company of America at: 440 Lincoln Street Worcester, MA 01653 You may contact the Texas Department of Insurance to obtain information oo companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.a.Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.texas.gov E-mail: Con sumerProtuctionOtdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AI-145? oah51 TEXAS COMPLAINT NOTICE Commercial Lines AVI5O IMPORTANTE Para obtener information o para someter una queja: Usted puede Ilamar al numero de telefono gratis de The Hanover Insurance Company/Citizens Insurance Company of America's para informacion o para someter una queja al: 1-800-608-8141 Usted tambien puede escribir a The Hanover Insurance Company/ Citizens Insurance Company of America alp 440 Lincoln Street Worcester, MA 01653 Puede comunicarse con el Departamento de Seguros cle Texas para obtener informacion acerca de companies, coberturas, derechas 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.texas.gov E-mail: ConsumerProtectionOtdi.texas.gov DISPUTAS 50I3RE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un re6amo, debe comunicarse can el agente s la com- panic primers. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (T0I)- UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposlto de informacion y no se convierte en parte o condition del documento adjunto. The Hanover Insurance Company 1 440 Uneolr Straot, Worcester, MA 01653 Citizens Insurance Company of America 1 808 North Highlander Way, Howell, MI 48843 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Articlel — Definitions and Terminology..........................................................................................................1 1.01 Defined Terms............................................................................................................................... l 1.02 Terminology..................................................................................................................................6 Article2 — Preliminary Matters......................................................................................................................... 7 2.01 Copies of Documents.................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed................................................................ 7 2.03 Starting the Work.......................................................................................................................... 8 2.04 Before Starting Construction........................................................................................................ 8 2.05 Preconstruction Conference.......................................................................................................... 8 2.06 Public Meeting.............................................................................................................................. 8 2.07 Initial Acceptance of Schedules.................................................................................................... 8 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................ I I 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 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 Revision: 3/08/2024 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 6.14 Safety and Protection.................................................................................................................. 29 6.15 Safety Representative.................................................................................................................. 30 6.16 Hazard Communication Programs.............................................................................................30 6.17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work................................................................................................................... 32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification......................................................................................................................... 33 6.22 Delegation of Professional Design Services.............................................................................. 34 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination.......................................................................................................................35 Article 7 - Other Work at the Site... 7.01 Related Work at Site ... 7.02 Coordination ................ 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 Manager............................................................................................................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 Revision: 3/08/2024 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 I I - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ...................... 41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work.......................................................................................................................... 44 11.04 Plans Quantity Measurement...................................................................................................... 45 Article 12 - Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 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 ................................................... 14.01 Schedule of Values..................................................................................... 14.02 Progress Payments..................................................................................... 14.03 Contractor's Warranty of Title.................................................................. 14.04 Partial Utilization....................................................................................... 14.05 Final Inspection.......................................................................................... 14.06 Final Acceptance........................................................................................ 14.07 Final Payment............................................................................................. 14.08 Final Completion Delayed and Partial Retainage Release ....................... 14.09 Waiver of Claims....................................................................................... ........................... 52 ........................... 52 ........................... 52 ........................... 54 ........................... 55 ........................... 55 ........................... 55 ........................... 56 .......................... 56 ........................... 57 Article 15 - Suspension of Work and Termination........................................................................................ 57 15.01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause................................................................................................... 58 15.03 City May Terminate For Convenience....................................................................................... 60 Article 16 - Dispute Resolution...................................................................................................................... 61 16.01 Methods and Procedures............................................................................................................. 61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 Article 17 — Miscellaneous ................ 17.01 Giving Notice ................ 17.02 Computation of Times.. 17.03 Cumulative Remedies... 17.04 Survival of Obligations. 17.05 Headings ........................ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 62 62 62 62 63 63 007200-1 GENERAL CONDITIONS Page 1 of 63 ARTICLE I — 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. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder —The individual or entity who submits a Bid directly to City. 8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of 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. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 2 of 63 12. 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. 13. 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. 14. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 18. Contract —The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19. Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22. Contractor —The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 3 of 63 24. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 26. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 27. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 32. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 33. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 34. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 35. Field Order — A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 36. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-I GENERAL CONDITIONS Page 4 of 63 37. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 38. General Requirements —Sections of Division 1 of the Contract Documents. 39. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 40. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 41. 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. 42. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 44. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 45. 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. 46. 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. 47. PCBs —Polychlorinated biphenyls. 48. 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. 49. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 5 of 63 50. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 51. Project —The Work to be performed under the Contract Documents. 52. Project Manager —The authorized representative of the City who will be assigned to the Site. 53. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 54. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 55. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 56. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 57. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 58. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 59. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 60. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 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. 61. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 6 of 63 62. 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. 63. Substantial Completion — The stage in the progress of the Project when the Work is sufficiently complete in accordance with the Contract Documents for Final Inspection. 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 1.02.13 through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or 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 no earlier than 14 days after the Effective Date of the Agreement, unless agreed to by both parties in writing. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 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 the Public Meeting if 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 9 of 63 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: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's on-line electronic document management and collaboration system 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. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 13 of 63 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 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 14 of 63 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 16 of 63 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 (other evidence of insurance requested by City or any other additional insured) in at least the minimum amount as specified in the Supplementary Conditions 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the 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. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 21 of 63 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. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 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; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 22 of 63 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 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 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-I GENERAL CONDITIONS Page 24 of 63 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 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 MWBE goal, Contractor is required to comply with the intent of the City's MWBE Business Enterprise Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by 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 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: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 26 of 63 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 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 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. Affadavit. Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code related to paying prevailing wage rates on completion of the project. 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 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 27 of 63 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.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 28 of 63 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: httDs://comDtroller.texas. 2ov/taxes/Dennit/ 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. 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 hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 33 of 63 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 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 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 34 of 63 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. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. 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 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is identified in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Manager 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 Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager 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 Manager'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 Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager 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 Manager 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 Manager 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 39 of 63 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 as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 40 of 63 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 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 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-I GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who 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 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 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 11.0l.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 44 of 63 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-I GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or 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 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.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 12.0l.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.Q. C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1, 11.0l.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 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.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 11.0I.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-I GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work 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 described in subsection C. unless otherwise stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 53 of 63 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 completed Work has been damaged by the Contractor or subcontractors requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-I GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement will be assessed against the monies due the Contractor, not as a penalty, but as damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any 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 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 Substantially 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 ("Punch List Items"). 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 to the City of Substantial Completion 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. 2. Should the City concur that Substantial Completion has been achieved with the exception of any Punch List Items, Contract Time will resume for the duration it takes for Contractor to achieve Final Acceptance. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 56 of 63 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 for employees, subcontractors, and suppliers; and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-I GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011established 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 59 of 63 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days 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: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 007200-1 GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 3/08/2024 00 73 00 SUPPLEMENTARY CONDITIONS SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions Page 1 of 6 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. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.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 March 5, 2024 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. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 8, 2024 City Project No. 105359 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 6 SC-4.01A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of March 5, 2024 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: None The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: None SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None 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 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 8, 2024 City Project No. 105359 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 6 SC-5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of. $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks None The Contractor shall conduct its operations on 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 8, 2024 $Confirm Limits with Railroad $Confirm Limits with Railroad X Not required for this Contract 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 6 With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 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 1 for the project. SC-6.07 A.., "Duty to pay Prevailing Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: GC-6.07 2013 Prevailing Wage Rates (Heavy & Highway Construction Projects) A copy of the table is also available by accessing the City's website at: httiDs:HaiDiDs.fortworthtexas.gov/ProiectResources/ You can access the file by following the directory path: 02-Construction Documents/Specifications/Div00 — General Conditions Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code on completion of the job. SC-6.09., "Permits and Utilities" CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 8, 2024 City Project No. 105359 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 6 SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: None SC-6.09B. "City obtained permits and licenses" The following are 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 March 5, 2024 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor None Scope of Work SC-8.01, "Communications to Contractor" None Coordination Authority SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is J. Chris Underwood, or his/her successor pursuant to written notification from the Director of Water Department. SC-13.03C., "Tests and Inspections" None SC-16.01C.1, "Methods and Procedures" None END OF SECTION CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 8, 2024 City Project No. 105359 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 6 Revision Log DATE NAME SUMMARY OF CHANGE 1/22/2016 F. Griffin SC-9.01., "City's Project Representative" wording changed to City's Project Manager. 3/9/2020 D.V. Magana SC-6.07, Updated the link such that files can be accessed via the City's website. 10/06/23 Michael Owen SC-6.07, Allow affidavit regarding paying prevailing wages to be submitted on completion of job, as opposed to with each progress report 3/08/24 Michael Owen Removed revisions related to affidavit, as those changes have been made in General Conditions CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 8, 2024 City Project No. 105359 011100-1 SUMMARY OF WORK Pagel of 5 1 SECTION 01 11 00 2 SUMMARY OF WORK 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. Bid Ouantities- Bid quantities of the various items in the proposal are for 9 comparison only and may not reflect the actual quantities. There is no limit to 10 which a bid item can be increased or decreased. 11 Contractor shall not be entitled to renegotiation of unit prices regardless of the 12 final measured quantities. To the extent that General Conditions (00-72-00) 13 Article 11 conflicts with this provision, this provision controls. No claim will be 14 considered for lost or anticipated profits based upon differences in estimated 15 quantities versus actual quantities. 16 Total quantities given in the bid proposal may not reflect actual quantities; 17 however, they are given for the purpose of bidding and awarding the contract. 18 A contract in the amount of $450,000.00 shall be awarded with final payment 19 based on actual measured quantities and the unit price in this proposal. 20 Moreover, there is to be no limit on the variation between the estimated 21 quantities shown and the actual quantities performed. 22 It is understood and agreed that the scope of work contemplated in this 23 contract is that which is designated by the City but will in no case exceed 24 $750,000.00 25 2. Non -Exclusive Contract- This contract is non-exclusive. During the term of 26 this contract or any renewal hereof, the City reserves the right to advertise 27 and award another contract for like or similar work. If a second contract is 28 awarded, the City further reserves the right to issue work orders under either 29 contract as it deems in its best interest, without recourse. 30 3. Scone of Work- The work covered by these Specifications consists of the 31 repair and epoxy coating of existing Sanitary Sewer Manholes that are 32 showing signs of deterioration. 33 The Engineer shall determine and designate to the Contractor the location of 34 the manhole repair by a Work Order together with a sketch and/or map for 35 each such repairs, giving the appropriate bid item required for installation 36 and providing the amount of time to complete the work. The Engineer will 37 notify the Contractor that a Work Order is ready and fax and/or e-mail the 38 Contractor a copy of the Work Order notification. The Contractor is to 39 provide his fax number and e-mail address to the Engineer at the pre- 40 construction conference. Single or several Work Orders may be issued at one 41 time. The Contractor shall initiate work on a repair within seven (7) working 42 days of the date the Work Order is sent to the Contractor, and continue work 43 on the Work Order until it has been completed. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 011100-2 SUMMARY OF WORK Page 2 of 5 1 4. Contractor's Resvonsibility- Contractor covenants and agrees to fully 2 perform or cause to be performed, with good faith and due diligence, and in 3 accordance with standards common to the industry and herein set forth in 4 these Contract Documents which is hereby incorporated and made a part of 5 this contract. The City may designate manholes to be repaired by furnishing 6 to the contractor a marked drawing, or street addresses contained in a written 7 order or by marking in the field by painted stake or other means, or by any or 8 all combinations of said methods of designation. The contractor agrees that no 9 work will be performed without written authorization from the individual 10 designated in writing by the Director of the Water Department. 11 5. Contract Time- It is contemplated that Work Orders will be issued to the 12 Contractor for work to be performed under this Contract for not to exceed 13 three hundred sixty-five (365) calendar days following the date of the Contract 14 nor to exceed the limit of the award amount, whichever should occur first. The 15 Contractor shall be required to complete any work covered by a Work Order 16 issued prior to that date of termination but will not be required to accept any 17 Work Order for execution dated after that date of termination. If the cost of 18 the work performed under this Contract is less than the limit of the contract 19 award at the end of the three hundred sixty-five (365) calendar day period, at 20 the City's option and the Contractor's concurrence, the Contract Time may 21 be extended to the limit of the contract award amount. 22 A calendar day is any day of the week or month, Sundays or legal holidays as 23 defined in General Conditions (00-72-00) Article 1. 24 6. Option to Renew- The time period of this Agreement will be for one calendar 25 year or the expiration of the funding, whichever occurs last. The City reserves 26 the right to renew the contract for up to three (3) additional time periods 27 under the same terms, conditions and unit prices. The City shall provide at 28 least sixty (60) days' notice to the Contractor of the City's intent to renew. 29 7. Required Crew Personnel & Equipment- The Contractor shall furnish and 30 supply sufficient equipment and personnel to complete the Work Order in the 31 amount of time provided for in the Work Order. Should the Contractor fail to 32 start any Work Order within the time specified, he shall add the necessary 33 work crews and equipment to prosecute the work to complete the Work Order 34 or Work Orders in the time provided. 35 8. Liquidated Damages- The Contractor shall pay liquidated damages of three 36 hundred fifteen dollars ($315.00) per day per Work Order, for Failure to 37 begin a Work Order within the seven (7) working days of the date the Work 38 Order is faxed and/or e-mailed to the Contractor. Failure to complete the 39 work within the stipulated construction time on the Work Order will require 40 the Contractor to pay liquidated damages in the amount stipulated in these 41 contract documents. 42 9. Pavment- Because of the unique nature of this contract, General Conditions 43 (00-72-00) Article 14 shall not apply and shall be superseded by the following: CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 011100-3 SUMMARY OF WORK Page 3 of 5 1 Whenever the improvements prescribed by an individual Work Order have 2 been completed, the contractor shall notify the engineer. The engineer or other 3 appropriate official of the owner will, within a reasonable time, perform the 4 inspections. If such inspection reveals that the improvements are in an 5 acceptable condition and have been completed in accordance with the terms of 6 the Contract Documents and all approved modifications thereof, the engineer 7 will recommend acceptance of the work under that particular Work Order 8 and recommend payment therefore. 9 If the engineer finds that the work has not been completed as required, he 10 shall so advise the contractor in writing, furnishing him an itemized list of all 11 known items which have not been completed or which are not in acceptable 12 condition. When the contractor has corrected all such items, he shall again 13 notify the engineer that the improvements are ready for inspection, and the 14 engineer shall proceed as outlined above. 15 Whenever the improvements prescribed by the individual Work Order have 16 been completed and all the requirements of the Contract Documents have 17 been fulfilled on the part of the contractor, an estimate showing the value of 18 the work will be prepared by the engineer as the necessary measurements, 19 computations and checks can be made. 20 The amount of the estimate will be paid to the contractor after acceptance by 21 the Water Department Director, provided the contractor has furnished to the 22 owner satisfactory evidence of payment as follows: Prior to submission of the 23 estimate for payment, the contractor shall execute an affidavit, as furnished by 24 the City, certifying that all persons, firms, associations, corporations or other 25 organizations furnishing labor and/or materials under that Work Order have 26 been paid in full, that the wage scale established by the City Council in the 27 City of Fort Worth has been paid, and that there are no claims pending for 28 personal injury and/or property damages. 29 The acceptance by the contractor of the individual payment as aforesaid shall 30 operate as and shall release the owner from all claims or liabilities under the 31 Contract for anything done or furnished or relating to the work under that 32 Work Order or any act or neglect of said City relating to or connected with 33 the Contract. 34 The making of the payment by the owner shall not relieve the contractor of 35 any guarantees or other requirements of the Contract Documents which 36 specifically continue thereafter. 37 C. Related Specification Sections include, but are not necessarily limited to: 38 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 39 2. Division 1 - General Requirements 40 1.2 PRICE AND PAYMENT PROCEDURES 41 A. Measurement and Payment 42 1. Work associated with this Item is considered subsidiary to the various items bid. 43 No separate payment will be allowed for this Item. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 011100-4 SUMMARY OF WORK Page 4 of 5 1 1.3 REFERENCES [NOT USED] 2 1.4 ADMINISTRATIVE REQUIREMENTS 3 A. Work Covered by Contract Documents 4 1. Work is to include furnishing all labor, materials, and equipment, and performing 5 all Work necessary for this construction project as detailed in the Drawings and 6 Specifications. 7 B. Subsidiary Work 8 1. Any and all Work specifically governed by documentary requirements for the 9 project, such as conditions imposed by the Drawings or Contract Documents in 10 which no specific item for bid has been provided for in the Proposal and the item is 11 not a typical unit bid item included on the standard bid item list, then the item shall 12 be considered as a subsidiary item of Work, the cost of which shall be included in 13 the price bid in the Proposal for various bid items. 14 C. Use of Premises 15 1. Coordinate uses of premises under direction of the City. 16 2. Assume full responsibility for protection and safekeeping of materials and 17 equipment stored on the Site. 18 3. Use and occupy only portions of the public streets and alleys, or other public places 19 or other rights -of -way as provided for in the ordinances of the City, as shown in the 20 Contract Documents, or as may be specifically authorized in writing by the City. 21 a. A reasonable amount of tools, materials, and equipment for construction 22 purposes may be stored in such space, but no more than is necessary to avoid 23 delay in the construction operations. 24 b. Excavated and waste materials shall be stored in such a way as not to interfere 25 with the use of spaces that may be designated to be left free and unobstructed 26 and so as not to inconvenience occupants of adjacent property. 27 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 28 manner as not to interfere with the operation of the railroad. 29 1) All Work shall be in accordance with railroad requirements set forth in 30 Division 0 as well as the railroad permit. 31 D. Work within Easements 32 1. Do not enter upon private property for any purpose without having previously 33 obtained permission from the owner of such property. 34 2. Do not store equipment or material on private property unless and until the 35 specified approval of the property owner has been secured in writing by the 36 Contractor and a copy furnished to the City. 37 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 38 obstructions which must be removed to make possible proper prosecution of the 39 Work as a part of the project construction operations. 40 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 41 lawns, fences, culverts, curbing, and all other types of structures or improvements, 42 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 43 appurtenances thereof, including the construction of temporary fences and to all 44 other public or private property adjacent to the Work. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 011100-5 SUMMARY OF WORK Page 5 of 5 1 5. Notify the proper representatives of the owners or occupants of the public or private 2 lands of interest in lands which might be affected by the Work. 3 a. Such notice shall be made at least 48 hours in advance of the beginning of the 4 Work. 5 b. Notices shall be applicable to both public and private utility companies and any 6 corporation, company, individual, or other, either as owners or occupants, 7 whose land or interest in land might be affected by the Work. 8 c. Be responsible for all damage or injury to property of any character resulting 9 from any act, omission, neglect, or misconduct in the manner or method or 10 execution of the Work, or at any time due to defective work, material, or 11 equipment. 12 6. Fence 13 a. Restore all fences encountered and removed during construction of the Project 14 to the original or a better than original condition. 15 b. Erect temporary fencing in place of the fencing removed whenever the Work is 16 not in progress and when the site is vacated overnight, and/or at all times to 17 provide site security. 18 c. The cost for all fence work within easements, including removal, temporary 19 closures and replacement, shall be subsidiary to the various items bid in the 20 project proposal, unless a bid item is specifically provided in the proposal. 21 1.5 SUBMITTALS [NOT USED] 22 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE [NOT USED] 26 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 27 1.11 FIELD [SITE] CONDITIONS [NOT USED] 28 1.12 WARRANTY [NOT USED] 29 PART 2 - PRODUCTS [NOT USED] 30 PART 3 - EXECUTION [NOT USED] 31 END OF SECTION Revision Log DATE .NAME SUMMARY OF CHANGE 32 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 012500-1 SUBSTITUTION PROCEDURES Page 1 of 4 1 SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or -equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1 — General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution - General 26 1. Within 30 days after award of Contract (unless noted otherwise), the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors, trade names, or 31 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or -equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or -equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 012500-2 SUBSTITUTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 4. No additional contract time will be given for substitution. 2 5. Substitution will be rejected if- 3 a. Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion, acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion, substitution will not perform adequately the function 8 consistent with the design intent 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 13 A. In making request for substitution or in using an approved product, the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified, and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work, to include building 20 modifications if necessary, making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2 - PRODUCTS [NOT USED] 28 PART 3 - EXECUTION [NOT USED] 29 END OF SECTION 30 Revision Log DATE .NAME SUMMARY OF CHANGE 31 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Address Date Telephone For Use by City: Approved City CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Recommended Not recommended By Date Remarks Date Rejected Recommended Received late 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 1 2 3 PART1- GENERAL SECTION 01 31 19 PRECONSTRUCTION MEETING 0131 19- 1 PRECONSTRUCTION MEETING Pagel of 3 4 1.1 SUMMARY 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 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised August 17, 2012 City Project No. 105359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 01 31 19 - 2 PRECONSTRUCTION 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 0132 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 ff. Temporary construction facilities gg. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 0131 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL 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 12 13 END OF SECTION .Revision Log DATE .NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised August 17, 2012 City Project No. 105359 01 32 16 - 1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 — General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Definitions 1. Schedule Tiers a. Tier 1 - No schedule submittal required by contract. Small, brief duration 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 MISC SANITARY SEWER M NHOLE REPAIR CONTRACT City Project No. 105359 013216-2 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 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS M NHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 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 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS M NHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 01 32 16 - 4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 c. Acknowledge and agree that actual delays, affecting paths of activities 2 containing float time, will not have any effect upon contract completion times, 3 providing that the actual delay does not exceed the float time associated with 4 those activities. 5 E. Coordinating Schedule with Other Contract Schedules 6 1. Where work is to be performed under this Contract concurrently with or contingent 7 upon work performed on the same facilities or area under other contracts, the 8 Baseline Schedule shall be coordinated with the schedules of the other contracts. 9 a. Obtain the schedules of the other appropriate contracts from the City for the 10 preparation and updating of Baseline schedule and make the required changes 11 in his schedule when indicated by changes in corresponding schedules. 12 2. In case of interference between the operations of different contractors, the City will 13 determine the work priority of each contractor and the sequence of work necessary 14 to expedite the completion of the entire Project. 15 a. In such cases, the decision of the City shall be accepted as final. 16 b. The temporary delay of any work due to such circumstances shall not be 17 considered as justification for claims for additional compensation. 18 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. Submit Schedule in native file format and pdf format as required in the City of Fort 21 Worth Schedule Guidance Document. 22 a. Native file format includes: 23 1) Primavera (P6 or Primavera Contractor) 24 2. Submit draft baseline Schedule to City prior to the pre -construction meeting and 25 bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 C. Schedule Narrative 31 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 32 Schedule Guidance Document. 33 2. Submit schedule narrative monthly no later than the last day of the month. 34 D. Submittal Process 35 1. The City administers and manages schedules through Buzzsaw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3. Once the project has been completed and Final Acceptance has been issued by the 39 City, no further progress schedules are required. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS M NHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALSANFORMATIONAL 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 .Revision Log .DATE .NAME SUMMARY OF CHANGE 18 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS M NHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0132 33 PRECONSTRUCTION VIDEO 013233-1 PRECONSTRUCTION VIDEO Page 1 of 2 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. Pre -construction Videos- Given the brief nature of the Work Orders in this 10 contract, pre -construction videos will only be required as requested by the 11 inspector or directed by the Engineer. 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 [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS 21 A. Preconstruction Video 22 1. Produce a preconstruction video of the site/alignment, including all areas in the 23 vicinity of and to be affected by construction. 24 a. Provide digital copy of video upon request by the City. 25 2. Retain a copy of the preconstruction video until the end of the maintenance surety 26 period. 27 1.5 SUBMITTALS [NOT USED] 28 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 29 1.7 CLOSEOUT SUBMITTALS [NOT USED] 30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31 1.9 QUALITY ASSURANCE [NOT USED] 32 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 33 1.11 FIELD [SITE] CONDITIONS [NOT USED] 34 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 01 32 33 - 2 PRECONSTRUCTION VIDEO I PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION Revision Log .DATE .NAME CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 .SUMMARY OF CHANGE Page 2 of 2 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 013300-1 SUBMITTALS Pagel of 8 1 SECTION 0133 00 2 SUBMITTALS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work -related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations 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 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 01 33 00 - 2 SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 'h inches x 11 inches to 8 'h inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 01 33 00 - 3 SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom -prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing -in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 01 33 00 - 4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational -range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare -parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include, but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on -site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work, materials, fabrication, and installations in conformance 26 with approved shop drawings, applicable samples, and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site, or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned, Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 01 33 00 - 5 SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 01 33 00 - 6 SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 01 33 00 - 7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 013300-8 SUBMITTALS Page 8 of 8 I PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION Revision Log .DATE .NAME SUMMARY OF CHANGE .12/20/2012 D. Johnson .1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 0135 13- 1 SPECIAL PROJECT PROCEDURES Pagel of 8 1 SECTION 01 3513 2 SPECIAL PROJECT PROCEDURES 3 4 PART1- GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. The procedures for special project circumstances that includes, but is not limited to: 8 a. Coordination with the Texas Department of Transportation 9 b. Work near High Voltage Lines 10 c. Confined Space Entry Program 11 d. Use of Explosives, Drop Weight, Etc. 12 e. Water Department Notification 13 f. Public Notification Prior to Beginning Construction 14 g. Coordination with United States Army Corps of Engineers 15 h. Coordination within Railroad permits areas 16 i. Dust Control 17 j. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None. 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 — General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Coordination within Railroad permit areas 27 a. M asurement 28 1) M asurement for this Item will be by lump sum. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 will be paid for at the lump sum price bid for Railroad Coordination. 32 c. The price bid shall include: 33 1) M bilization 34 2) Inspection 35 3) Safety training 36 4) Additional Insurance 37 5) Insurance Certificates 38 6) Other requirements associated with general coordination with Railroad, 39 including additional employees required to protect the right-of-way and 40 property of the Railroad from damage arising out of and/or from the 41 construction of the Project. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS M NHOLE REPAIR CONTRACT Revised March 11, 2022 City Project No. 105359 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 2. Railroad Flagmen 2 a. M asurement 3 1) M asurement for this Item will be per working day. 4 b. Payment 5 1) The work performed and materials furnished in accordance with this Item 6 will be paid for each working day that Railroad Flagmen are present at the 7 Site. 8 c. The price bid shall include: 9 1) Coordination for scheduling flagmen 10 2) Flagmen 11 3) Other requirements associated with Railroad 12 3. All other items 13 a. Work associated with these Items is considered subsidiary to the various Items 14 bid. No separate payment will be allowed for this Item. 15 1.3 REFERENCES 16 A. Reference Standards 17 1. Reference standards cited in this Specification refer to the current reference 18 standard published at the time of the latest revision date logged at the end of this 19 Specification, unless a date is specifically cited. 20 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 21 High Voltage Overhead Lines. 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination with the Texas Department of Transportation 24 1. When work in the right-of-way which is under the jurisdiction of the Texas 25 Department of Transportation (TxDOT): 26 a. Notify the Texas Department of Transportation prior to commencing any work 27 therein in accordance with the provisions of the permit 28 b. All work performed in the TxDOT right-of-way shall be performed in 29 compliance with and subject to approval from the Texas Department of 30 Transportation 31 B. Work near High Voltage Lines 32 1. Regulatory Requirements 33 a. All Work near High Voltage Lines (more than 600 volts measured between 34 conductors or between a conductor and the ground) shall be in accordance with 35 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 36 2. Warning sign 37 a. Provide sign of sufficient size meeting all OSHA requirements. 38 3. Equipment operating within 10 feet of high voltage lines will require the following 39 safety features 40 a. Insulating cage -type of guard about the boom or arm 41 b. Insulator links on the lift hook connections for back hoes or dippers 42 c. Equipment must meet the safety requirements as set forth by OSHA and the 43 safety requirements of the owner of the high voltage lines 44 4. Work within 6 feet of high voltage electric lines 45 a. Notification shall be given to: CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS M NHOLE REPAIR CONTRACT Revised March 11, 2022 City Project No. 105359 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 1) The power company (example: ONCOR) 2 a) M intain an accurate log of all such calls to power company and record 3 action taken in each case. 4 b. Coordination with power company 5 1) After notification coordinate with the power company to: 6 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 7 lower the lines 8 c. No personnel may work within 6 feet of a high voltage line before the above 9 requirements have been met. 10 C. Confined Space Entry Program 11 1. Provide and follow approved Confined Space Entry Program in accordance with 12 OSHA requirements. 13 2. Confined Spaces include: 14 a. M nholes 15 b. All other confined spaces in accordance with OSHA's Permit Required for 16 Confined Spaces 17 D. Use of Explosives, Drop Weight, Etc. 18 1. When Contract Documents permit on the project the following will apply: 19 a. Public Notification 20 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 21 prior to commencing. 22 2) M nimum 24 hour public notification in accordance with Section 0131 13 23 E. Water Department Coordination 24 1. During the construction of this project, it will be necessary to deactivate, for a 25 period of time, existing lines. The Contractor shall be required to coordinate with 26 the Water Department to determine the best times for deactivating and activating 27 those lines. 28 2. Coordinate any event that will require connecting to or the operation of an existing 29 City water line system with the City's representative. 30 a. Coordination shall be in accordance with Section 33 12 25. 31 b. If needed, obtain a hydrant water meter from the Water Department for use 32 during the life of named project. 33 c. In the event that a water valve on an existing live system be turned off and on 34 to accommodate the construction of the project is required, coordinate this 35 activity through the appropriate City representative. 36 1) Do not operate water line valves of existing water system. 37 a) Failure to comply will render the Contractor in violation of Texas Penal 38 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 39 will be prosecuted to the full extent of the law. 40 b) In addition, the Contractor will assume all liabilities and 41 responsibilities as a result of these actions. 42 F. Public Notification Prior to Beginning Construction 43 1. Prior to beginning construction on any block in the project, on a block by block 44 basis, prepare and deliver a notice or flyer of the pending construction to the front 45 door of each residence or business that will be impacted by construction. The notice 46 shall be prepared as follows: CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS M NHOLE REPAIR CONTRACT Revised March 11, 2022 City Project No. 105359 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 01 35 13 - 4 SPECIAL PROJECT PROCEDURES Page 4 of 8 a. Post notice or flyer and City of Fort Worth Door Hangers, 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor's letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number f) Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre -construction notification' flyer is attached as Exhibit A. 3) City of Fort Worth Door Hangers will be provided to the Contractor for distribution with their notice. 4) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 5) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer and door hangers are delivered to all residents of the block. G. Public Notification of Temporary Water Service Interruption during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. 1. Coordination within Railroad Permit Areas CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 2024 MISC SANITARY SEWER M NHOLE REPAIR CONTRACT City Project No. 105359 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 1. At locations in the project where construction activities occur in areas where 2 railroad permits are required, meet all requirements set forth in each designated 3 railroad permit. This includes, but is not limited to, provisions for: 4 a. Flagmen 5 b. Inspectors 6 c. Safety training 7 d. Additional insurance 8 e. Insurance certificates 9 f. Other employees required to protect the right-of-way and property of the 10 Railroad Company from damage arising out of and/or from the construction of 11 the project. Proper utility clearance procedures shall be used in accordance 12 with the permit guidelines. 13 2. Obtain any supplemental information needed to comply with the railroad's 14 requirements. 15 3. Railroad Flagmen 16 a. Submit receipts to City for verification of working days that railroad flagmen 17 were present on Site. 18 J. Dust Control 19 1. Use acceptable measures to control dust at the Site. 20 a. If water is used to control dust, capture and properly dispose of waste water. 21 b. If wet saw cutting is performed, capture and properly dispose of slurry. 22 K. Employee Parking 23 1. Provide parking for employees at locations approved by the City. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 30 1.11 FIELD [SITE] CONDITIONS [NOT USED] 31 1.12 WARRANTY [NOT USED] 32 PART 2 - PRODUCTS [NOT USED] 33 PART 3 - EXECUTION [NOT USED] 34 END OF SECTION 35 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS M NHOLE REPAIR CONTRACT Revised March 11, 2022 City Project No. 105359 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 .Revision Log .DATE .NAME SUMMARY OF CHANGE I AB — Added requirement of compliance with Health and Safety Code, Title 9. .8/31/2012 .D. Johnson Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. .1.4.E — Added Contractor responsibility for obtaining a TCEQ Air Permit .Remove references to Air Pollution watch Days and NCTCOG Clean construction .3/11/2022 M Owen Specification requirements. Clarify need for Door Hangers under in addition to contractor notification of public. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 11, 2022 City Project No. 105359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 01 35 13-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 2 3 4 Date: EXHIBIT B FORT WORTH DOE NO. xx%x Project Name: 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 CONTRACTOR 2024 MISC SANITARY SEWER M NHOLE REPAIR CONTRACT City Project No. 105359 01 45 23 TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1- GENERAL f"MYllu lu /\ :i•/ A. Section Includes: 1. Testing and inspection services procedures and coordination 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 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's document management system, or another external FTP site approved by the City. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 9, 2020 City Project No. 105359 01 45 23 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] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 3/9/2020 D.V. Magaiia Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 9, 2020 City Project No. 105359 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Pagel 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 I week before water for construction is desired CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 01 50 00 - 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 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 01 50 00 - 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 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 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 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 01 55 26 - 1 STREET USE PERMrr 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. 1.2 PRICE AND PAYMENT PROCEDURES — 12 Given the nature of this contract Street Use Permits will be paid for at the pre- 13 bid price of $100.00 each on an as needed basis. Additionally, Traffic Control 14 Plans will be categorized as Residential, Arterial / Industrial and Major 15 Arterial / Industrial due to the varying degrees of Traffic Control required in 16 these different road types. 17 C. Related Specification Sections include, but are not necessarily limited to: 18 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 19 2. Division 1 — General Requirements 20 3. Section 34 71 13 — Traffic Control 21 1.2 PRICE AND PAYMENT PROCEDURES 22 A. Measurement and Payment 23 1. Work associated with this Item is considered subsidiary to the various Items bid. 24 No separate payment will be allowed for this Item. 25 1.3 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this specification refer to the current reference standard 28 published at the time of the latest revision date logged at the end of this 29 specification, unless a date is specifically cited. 30 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 31 1.4 ADMINISTRATIVE REQUIREMENTS 32 A. Traffic Control 33 1. General 34 a. Contractor shall minimize lane closures and impact to vehicular/pedestrian 35 traffic. 36 b. When traffic control plans are included in the Drawings, provide Traffic 37 Control in accordance with Drawings and Section 34 71 13. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 22, 2021 City Project No. 105359 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 c. When traffic control plans are not included in the Drawings, prepare traffic 2 control plans in accordance with Section 34 71 13 and submit to City for 3 review. 4 1) Allow minimum 10 working days for review of proposed Traffic Control. 5 2) A traffic control "Typical" published by City of Fort Worth, the Texas 6 Manual Unified Traffic Control Devices (TMUTCD) or Texas Department 7 of Transportation (TxDOT) can be used as an alternative to preparing 8 project/site specific traffic control plan if the typical is applicable to the 9 specific project/site. 10 B. Street Use Permit 11 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 12 a. To obtain Street Use Permit, submit Traffic Control Plans to City 13 Transportation and Public Works Department. 14 1) Allow a minimum of 5 working days for permit review. 15 2) Contractor's responsibility to coordinate review of Traffic Control plans for 16 Street Use Permit, such that construction is not delayed. 17 C. Modification to Approved Traffic Control 18 1. Prior to installation traffic control: 19 a. Submit revised traffic control plans to City Department Transportation and 20 Public Works Department. 21 1) Revise Traffic Control plans in accordance with Section 34 71 13. 22 2) Allow minimum 5 working days for review of revised Traffic Control. 23 3) It is the Contractor's responsibility to coordinate review of Traffic Control 24 plans for Street Use Permit, such that construction is not delayed. 25 D. Removal of Street Sign 26 1. If it is determined that a street sign must be removed for construction, then contact 27 City Transportation and Public Works Department, Signs and Markings Division to 28 remove the sign. 29 E. Temporary Signage 30 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 31 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 32 Devices (MUTCD). 33 2. Install temporary sign before the removal of permanent sign. 34 3. When construction is complete, to the extent that the permanent sign can be 35 reinstalled, contact the City Transportation and Public Works Department, Signs 36 and Markings Division, to reinstall the permanent sign. 37 F. Traffic Control Standards 38 1. Traffic Control Standards can be found on the City's website. 39 1.5 SUBMITTALS [NOT USED] 40 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 22, 2021 City Project No. 105359 015526-3 STREET USE PERMrr AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 1 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 11 12 END OF SECTION Revision Log DATE .NAME SUMMARY OF CHANGE 1.4 A. Added language to emphasize minimizing of lane closures and impact to traffic. 1.4 A. 1. c. Added language to allow for use of published traffic control "Typicals" if 3/22/2021 M Owen applicable to specific project/site. 1.4 F. 1) Removed reference to Buzzsaw 1.5 Added language re: submittal of permit CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 22, 2021 City Project No. 105359 0157 13- 1 STORM WATER POLLUTION PREVENTION Pagel of 3 1 SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 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 11 Contract 12 2. Division I — General Requirements 13 3. Section 3125 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 3125 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 01 57 13 - 2 STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than I acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 0133 00, except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 0157 13 - 3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 0133 00. 4 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] S 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2 - PRODUCTS [NOT USED] 12 PART 3 - EXECUTION [NOT USED] 13 END OF SECTION 14 Revision Log .DATE .NAME SUMMARY OF CHANGE 15 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 0158 13- 1 TEMPORARY PROJECT SIGNAGE Pagel of 3 1 SECTION 0158 13 2 TEMPORARY PROJECT SIGNAGE 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 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 [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS 27 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 29 A. Design Criteria 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 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 31 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 015813-3 TEMPORARY PROJECT SIGNAGE .Revision Log .DATE .NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 3 of 3 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 01 60 00 PRODUCT REQUIREMENTS Page 1 of 2 1. References for Product Requirements and City Standard Products List 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 [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is available through the City's website at: https:Happs.fortworthtexas.gov/ProjectResources/ and following the directory path; 02 - Construction Documents/Standard Products List B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section 0133 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 9, 2020 City Project No. 105359 01 60 00 PRODUCT REQUIREMENTS Page 2 of 2 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] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List 3/9/2020 D.V. Magaiia Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 9, 2020 City Project No. 105359 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Pagel of 4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 — General Requirements 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 [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 01 66 00 - 3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 FIELD [OR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non -Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 01 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS .Revision Log .DATE .NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 4 of 4 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 01 70 00 - 1 MOBILIZATION AND REMOBILIZATION Pagel of 4 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 01 70 00 - 2 MOBILIZATION AND REMOBILIZATION Page 2 of 4 1 1) Mobilization shall consist of the activities and cost on a Work Order basis 2 necessary for: 3 a) Transportation of Contractor's personnel, equipment, and operating 4 supplies to the Site for the issued Work Order. 5 b) Establishment of necessary general facilities for the Contractor's 6 operation at the Site for the issued Work Order 7 2) Demobilization shall consist of the activities and cost necessary for: 8 a) Transportation of Contractor's personnel, equipment, and operating 9 supplies from the Site including disassembly for each issued Work 10 Order 11 b) Site Clean-up for each issued Work Order 12 c) Removal of all buildings or other facilities assembled at the Site for 13 each Work Oder 14 b. Mobilization and Demobilization do not include activities for specific items of 15 work for which payment is provided elsewhere in the contract. 16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 17 a. A Mobilization for Miscellaneous Projects when directed by the City and the 18 mobilization occurs within 24 hours of the issuance of the Work Order. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. 1.2-A-4 Mobilization and Demobilization for Miscellaneous Proiects — 21 1.2-A-5 Emergencv Mobilization and Demobilization for Miscellaneous 22 Proiects — Although this contract is considered a miscellaneous type contract, 23 all mobilizations and demobilizations will be considered subsidiary to the work 24 to be performed. 25 C. Related Specification Sections include, but are not necessarily limited to: 26 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 27 2. Division 1 — General Requirements 28 1.2 PRICE AND PAYMENT PROCEDURES 29 A. Measurement and Payment 30 1. Mobilization and Demobilization 31 a. Measure 32 1) This Item is considered subsidiary to the various Items bid. 33 b. Payment 34 1) The work performed and materials furnished in accordance with this Item 35 are subsidiary to the various Items bid and no other compensation will be 36 allowed. 37 2. Remobilization for suspension of Work as specifically required in the Contract 38 Documents 39 a. Measurement 40 1) Measurement for this Item shall be per each remobilization performed. 41 b. Payment 42 1) The work performed and materials furnished in accordance with this Item 43 and measured as provided under "Measurement" will be paid for at the unit 44 price per each "Specified Remobilization" in accordance with Contract 45 Documents. 46 c. The price shall include: CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 01 70 00 - 3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 1 1) Demobilization as described in Section 1.1.A.2.a.1) 2 2) Remobilization as described in Section 1.1.A.2.a.2) 3 d. No payments will be made for standby, idle time, or lost profits associated this 4 Item. 5 3. Remobilization for suspension of Work as required by City 6 a. Measurement and Payment 7 1) This shall be submitted as a Contract Claim in accordance with Article 10 8 of Section 00 72 00. 9 2) No payments will be made for standby, idle time, or lost profits associated 10 with this Item. 11 4. Mobilizations and Demobilizations for Miscellaneous Projects 12 a. Measurement 13 1) Measurement for this Item shall be for each Mobilization and 14 Demobilization required by the Contract Documents 15 b. Payment 16 1) The Work performed and materials furnished in accordance with this Item 17 and measured as provided under "Measurement" will be paid for at the unit 18 price per each "Work Order Mobilization" in accordance with Contract 19 Documents. Demobilization shall be considered subsidiary to mobilization 20 and shall not be paid for separately. 21 c. The price shall include: 22 1) Mobilization as described in Section 1.1.A.3.a.1) 23 2) Demobilization as described in Section 1.1.A.3.a.2) 24 d. No payments will be made for standby, idle time, or lost profits associated this 25 Item. 26 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 27 a. Measurement 28 1) Measurement for this Item shall be for each Mobilization and 29 Demobilization required by the Contract Documents 30 b. Payment 31 1) The Work performed and materials furnished in accordance with this Item 32 and measured as provided under "Measurement" will be paid for at the unit 33 price per each "Work Order Emergency Mobilization" in accordance with 34 Contract Documents. Demobilization shall be considered subsidiary to 35 mobilization and shall not be paid for separately. 36 c. The price shall include 37 1) Mobilization as described in Section 1.1.A.4.a) 38 2) Demobilization as described in Section 1.1.A.3.a.2) 39 d. No payments will be made for standby, idle time, or lost profits associated this 40 Item. 41 1.3 REFERENCES [NOT USED] 42 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 43 1.5 SUBMITTALS [NOT USED] 44 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 45 1.7 CLOSEOUT SUBMITTALS [NOT USED] CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 01 70 00 - 4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 2 1.9 QUALITY ASSURANCE [NOT USED] 3 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 5 1.12 WARRANTY [NOT USED] 6 PART 2 - PRODUCTS [NOT USED] 7 PART 3 - EXECUTION [NOT USED] 8 9 10 END OF SECTION .Revision Log .DATE .NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 017123-1 CONSTRUCTION STAKING AND SURVEY Pagel of 8 SECTION 017123 CONSTRUCTION STAKING AND SURVEY PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey 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 Construction Staking a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "Construction Staking". 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following: 1) Verification of control data provided by City. 2) Placement, maintenance and replacement of required stakes and markings in the field. 3) Preparation and submittal of construction staking documentation in the form of "cut sheets" using the City's standard template. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 3. As -Built Survey a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "As -Built Survey". CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised February 14, 2018 City Project No. 105359 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following:: 1) Field measurements and survey shots to identify location of completed facilities. 2) Documentation and submittal of as -built survey data onto contractor redline plans and digital survey files. 1.3 REFERENCES A. Definitions 1. Construction Survev - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As -built Survev —The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Staking — The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survev "Field Checks" — Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw website) — 01 71 23.16.01— Attachment A —Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City's Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 1.4 ADMINISTRATIVE REQUIREMENTS A. The Contractor's selection of a surveyor must comply with Texas Government Code 2254 (qualifications based selection) for this project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 01 33 00. B. All submittals shall be received and reviewed by the City prior to delivery of work. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Field Quality Control Submittals CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised February 14, 2018 City Project No. 105359 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1. Documentation verifying accuracy of field engineering work, including coordinate conversions if plans do not indicate grid or ground coordinates. 2. Submit "Cut -Sheets" conforming to the standard template provided by the City (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 1.7 CLOSEOUT SUBMITTALS B. As -built Redline Drawing Submittal 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of constructed improvements signed and sealed by Registered Professional Land Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards) . 2. Contractor shall submit the proposed as -built and completed redline drawing submittal one (1) week prior to scheduling the project final inspection for City review and comment. Revisions, if necessary, shall be made to the as -built redline drawings and resubmitted to the City prior to scheduling the construction final inspection. 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 2. Coordination a. Contact City's Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If City surveyors are required to re -stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re -stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised February 14, 2018 City Project No. 105359 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notesused to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As -Built Survey 1. Required As -Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater — Not Applicable CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised February 14, 2018 City Project No. 105359 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 b. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures (1) Rim and flowline elevations and coordinates for each manhole and junction structure. 4) Stormwater — Not Applicable 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY PART 2 - PRODUCTS A. A construction survey will produce, but will not be limited to: 1. Recovery of relevant control points, points of curvature and points of intersection. 2. Establish temporary horizontal and vertical control elevations (benchmarks) sufficiently permanent and located in a manner to be used throughout construction. 3. The location of planned facilities, easements and improvements. a. Establishing final line and grade stakes for piers, floors, grade beams, parking areas, utilities, streets, highways, tunnels, and other construction. b. A record of revisions or corrections noted in an orderly manner for reference. c. A drawing, when required by the client, indicating the horizontal and vertical location of facilities, easements and improvements, as built. 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all construction staking projects. These cut sheets shall be on the standard city template which can be obtained from the Survey Superintendent (817-392-7925). 5. Digital survey files in the following formats shall be acceptable: a. AutoCAD (.dwg) b. ESRI Shapefile (.shp) CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised February 14, 2018 City Project No. 105359 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use standard templates, if available) 6. Survey files shall include vertical and horizontal data tied to original project control and benchmarks, and shall include feature descriptions PART 3 - EXECUTION 3.1 INSTALLERS A. Tolerances: The staked location of any improvement or facility should be as accurate as practical and necessary. The degree of precision required is dependent on many factors all of which must remain judgmental. The tolerances listed hereafter are based on generalities and, under certain circumstances, shall yield to specific requirements. The surveyor shall assess any situation by review of the overall plans and through consultation with responsible parties as to the need for specific tolerances. a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical tolerance. Horizontal alignment for earthwork and rough cut should not exceed 1.0 ft. tolerance. b. Horizontal alignment on a structure shall be within .0.1ft tolerance. c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and walkways shall be located within the confines of the site boundaries and, occasionally, along a boundary or any other restrictive line. Away from any restrictive line, these facilities should be staked with an accuracy producing no more than 0.05ft. tolerance from their specified locations. d. Underground and overhead utilities, such as sewers, gas, water, telephone and electric lines, shall be located horizontally within their prescribed areas or easements. Within assigned areas, these utilities should be staked with an accuracy producing no more than 0.1 ft tolerance from a specified location. e. The accuracy required for the vertical location of utilities varies widely. Many underground utilities require only a minimum cover and a tolerance of 0.1 ft. should be maintained. Underground and overhead utilities on planned profile, but not depending on gravity flow for performance, should not exceed 0.1 ft. tolerance. B. Surveying instruments shall be kept in close adjustment according to manufacturer's specifications or in compliance to standards. The City reserves the right to request a calibration report at any time and recommends regular maintenance schedule be performed by a certified technician every 6 months. 1. Field measurements of angles and distances shall be done in such fashion as to satisfy the closures and tolerances expressed in Part 3. LA. 2. Vertical locations shall be established from a pre -established benchmark and checked by closing to a different bench mark on the same datum. 3. Construction survey field work shall correspond to the client's plans. Irregularities or conflicts found shall be reported promptly to the City. 4. Revisions, corrections and other pertinent data shall be logged for future reference. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised February 14, 2018 City Project No. 105359 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION A. If the Contractor's work damages or destroys one or more of the control monuments/points set by the City, the monuments shall be adequately referenced for expedient restoration. 1. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. a. Contractor shall perform replacements and/or restorations. b. The City may require at anytime a survey "Field Check" of any monument or benchmarks that are set be verified by the City surveyors before further associated work can move forward. 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. This includes easements and right of way, if noted on the plans. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3' party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 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 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised February 14, 2018 City Project No. 105359 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. Owen definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. Removed "blue text"; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Owen 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised February 14, 2018 City Project No. 105359 017423-1 CLEANING Pagel of 4 1 SECTION 0174 23 2 CLEANING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 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 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 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. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 01 74 23 - 2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - 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 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 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 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 1 2 3 4 5 6 7 10 01 74 23 - 4 CLEANING Page 4 of 4 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION .Revision Log DATE .NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0177 19 CLOSEOUT REQUIREMENTS 01 7719 -1 CLOSEOUT REQUIREMENTS Page 1 of 3 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1— General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. 27 28 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 29 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 PART 2 - PRODUCTS [NOT USED] 32 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 22, 2021 City Project No. 105359 01 7719 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 PART 3- EXECUTION 2 3.1 INSTALLERS [NOT USED] 3 3.2 EXAMINATION [NOT USED] 4 3.3 PREPARATION [NOT USED] 5 3.4 CLOSEOUT PROCEDURE 6 A. Prior to requesting Final Inspection, submit: 7 1. Project Record Documents in accordance with Section 0178 39 8 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 9 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 10 01 74 23. 11 C. Final Inspection 12 1. After final cleaning, provide notice to the City Project Representative that the Work 13 is completed. 14 a. The City will make an initial Final Inspection with the Contractor present. 15 b. Upon completion of this inspection, the City will notify the Contractor, in 16 writing within 10 business days, of any particulars in which this inspection 17 reveals that the Work is defective or incomplete. 18 2. Upon receiving written notice from the City, immediately undertake the Work 19 required to remedy deficiencies and complete the Work to the satisfaction of the 20 City. 21 3. The Right-of-way shall be cleared of all construction materials, barricades, and 22 temporary signage. 23 4. Upon completion of Work associated with the items listed in the City's written 24 notice, inform the City that the required Work has been completed. Upon receipt of 25 this notice, the City, in the presence of the Contractor, will make a subsequent Final 26 Inspection of the project. 27 5. Provide all special accessories required to place each item of equipment in full 28 operation. These special accessory items include, but are not limited to: 29 a. Specified spare parts 30 b. Adequate oil and grease as required for the first lubrication of the equipment 31 c. Initial fill up of all chemical tanks and fuel tanks 32 d. Light bulbs 33 e. Fuses 34 f. Vault keys 35 g. Handwheels 36 h. Other expendable items as required for initial start-up and operation of all 37 equipment 38 D. Notice of Project Completion 39 1. Once the City Project Representative finds the Work subsequent to Final Inspection 40 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 41 E. Supporting Documentation CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 22, 2021 City Project No. 105359 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 7719 - 3 CLOSEOUT REQUIREMENTS Page 3 of 3 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 [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 3/22/2021 M Owen 3.4 C. Added language to clarify and emphasize requirement to "Clearing ROW' CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 017823-1 OPERATION AND MAINTENANCE DATA Pagel of 5 1 SECTION 0178 23 2 OPERATION AND MAINTENANCE DATA 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include, but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) 11 c. Butterfly Valves 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 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 0133 00. All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 '/2 inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 01 78 23 - 2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly -leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 £ Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available, provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, name of responsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 01 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions £ Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking £ Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 01 78 23 - 5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 .Revision Log DATE .NAME SUMMARY OF CHANGE .8/31/2012 .D. Johnson .1.5.A.I — title of section removed 8 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised December 20, 2012 City Project No. 105359 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of 4 1 SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 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 search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 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 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] 19 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 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes, use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor, subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings, by dimension accurate to within 1 31 inch, the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents, coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual location of items. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 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 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 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 3471 13- 1 TRAFFIC CONTROL Page 1 of 6 SECTION 34 7113 TRAFFIC CONTROL 1. Installation of Traffic Control Devices and preparation of Traffic Control Plans B. Deviations from this City of Fort Worth Standard Specification 1. Traffic Control — The contractor will be required to obtain a "Street Use Permit" (01-55-26) prior to starting work. As part of the "Street Use Permit", a traffic control plan is required. The contractor shall be responsible for providing traffic control during the construction of each work order consistent with the provisions set forth in the latest edition of the "Texas Manual on Uniform Traffic Control Devices" (TMUTCD). Unless otherwise included as part of the work order, the contractor shall submit a traffic control plan (duly sealed, signed and dated by a Registered Professional Engineer (P.E.) in the State of Texas), to the City Traffic Engineer at or before the start of each work order. The P.E. preparing the traffic control plan may utilize standard traffic reroute configurations posted as "Typicals" on the City's Buzzsaw website. Although the work will not begin until the traffic control plan has been reviewed and approved, the contractor's time will begin in accordance with the timeframe mutually established on the issued work order and specified in "Summary of Work" (01-11-00). Work shall not be performed on certain streets / locations during "peak traffic periods" as determined by the City Traffic Engineer and in accordance with the applicable provision of the "City of Fort Worth Traffic Control Handbook for Construction and Maintenance Work Areas". Given the unique nature of this contract Traffic Control has been categorized by type of street / traffic density. The category that the Traffic Control fits in (Residential, Arterial or Major Arterial) will be mutually established by the City's Project Manager, Traffic Engineer and Contractor prior to the start of each work order issued. Payment for Traffic Control shall cover the design, installation and maintenance of the Traffic Control plan and devices required at the appropriate unit price bid. 34 C. Related Specification Sections include, but are not necessarily limited to: 35 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 36 2. Division 1 — General Requirements 37 1.2 PRICE AND PAYMENT PROCEDURES 38 A. Measurement and Payment 39 1. Installation of Traffic Control Devices 40 a. Measurement CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 22, 2021 City Project No. 105359 3471 13 - 2 TRAFFIC CONTROL Page 2 of 6 1 1) Measurement for Traffic Control Devices shall be per month for the Project 2 duration. 3 a) A month is defined as 30 calendar days. 4 b. Payment 5 1) The work performed and materials furnished in accordance with this Item 6 and measured as provided under "Measurement' shall be paid for at the 7 unit price bid for "Traffic Control". 8 c. The price bid shall include: 9 1) Traffic Control implementation 10 2) Installation 11 3) Maintenance 12 4) Adjustments 13 5) Replacements 14 6) Removal 15 7) Police assistance during peak hours 16 2. Portable Message Signs 17 a. Measurement 18 1) Measurement for this Item shall be per week for the duration of use. 19 b. Payment 20 1) The work performed and materials furnished in accordance to this Item and 21 measured as provided under "Measurement' shall be paid for at the unit 22 price bid per week for "Portable Message Sign" rental. 23 c. The price bid shall include: 24 1) Delivery of Portable Message Sign to Site 25 2) Message updating 26 3) Sign movement throughout construction 27 4) Return of the Portable Message Sign post -construction 28 3. Preparation of Traffic Control Plan Details 29 a. Measurement 30 1) Measurement for this Item be per each Traffic Control Detail prepared. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 shall be paid for at the unit price bid per each "Traffic Control Detail" 34 prepared. 35 c. The price bid shall include: 36 1) Preparing the Traffic Control Plan Details for closures of 24 hours or 37 longer 38 2) Adherence to City and Texas Manual on Uniform Traffic Control Devices 39 (TMUTCD) 40 3) Obtaining the signature and seal of a licensed Texas Professional Engineer 41 4) Incorporation of City comments 42 1.3 REFERENCES 43 A. Reference Standards 44 1. Reference standards cited in this Specification refer to the current reference 45 standard published at the time of the latest revision date logged at the end of this 46 Specification, unless a date is specifically cited. 47 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 22, 2021 City Project No. 105359 3471 13 - 3 TRAFFIC CONTROL Page 3 of 6 1 3. Item 502, Barricades, Signs, and Traffic Handling of the Texas Department of 2 Transportation, Standard Specifications for Construction and Maintenance of 3 Highways, Streets, and Bridges. 4 1.4 ADMINISTRATIVE REQUIREMENTS 5 A. General 6 1. Contractor shall minimize lane closures and impact to vehicular/pedestrian traffic. 7 B. Coordination 8 1. Contact Traffic Services Division (817-392-7738) a minimum of 48 hours prior to 9 implementing Traffic Control within 500 feet of a traffic signal. 10 C. Sequencing 11 1. Any deviations to the Traffic Control Plan included in the Drawings must be first 12 approved by the City and design Engineer before implementation. 13 1.5 SUBMITTALS 14 A. Provide the City with a current list of qualified flaggers before beginning flagging 15 activities. Use only flaggers on the qualified list. 16 B. Obtain a Street Use Permit from the TPW Department's Transportation Division. The 17 Traffic Control Plan (TCP) for the Project shall be as detailed on the Traffic Control 18 Plan Detail sheets of the Drawing set. A copy of this Traffic Control Plan shall be 19 submitted with the Street Use Permit. 20 C. Traffic Control Plans shall be signed and sealed by a licensed Texas Professional 21 Engineer. 22 D. Contractor shall prepare Traffic Control Plans if required by the Drawings or 23 Specifications. The Contractor will be responsible for having a licensed Texas 24 Professional Engineer sign and seal the Traffic Control Plan sheets. A traffic control 25 "Typical" published by City of Fort Worth, the Texas Manual Unified Traffic Control 26 Devices (TMUTCD) or Texas Department of Transportation (TxDOT) can be used as 27 an alternative to preparing project/site specific traffic control plan if the typical is 28 applicable to the specific project/site. 29 E. Lane closures 24 hours or longer shall require a site -specific traffic control plan. 30 F. Contractor responsible for having a licensed Texas Professional Engineer sign and seal 31 changes to the Traffic Control Plan(s) developed by the Design Engineer. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 22, 2021 City Project No. 105359 3471 13 - 4 TRAFFIC CONTROL Page 4 of 6 1 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS 9 2.1 OWNER -FURNISHED [OR] OWNER -SUPPLIED PRODUCTS [NOT USED] 10 2.2 ASSEMBLIES AND MATERIALS 11 A. Description 12 1. Regulatory Requirements 13 a. Provide Traffic Control Devices that conform to details shown on the 14 Drawings, the TMUTCD, and TxDOT's Compliant Work Zone Traffic Control 15 Device List (CWZTCDL). 16 2. Materials 17 a. Traffic Control Devices must meet all reflectivity requirements included in the 18 TMUTCD and TxDOT Specifications — Item 502 at all times during 19 construction. 20 b. Electronic message boards shall be provided in accordance with the TMUTCD. 21 2.3 ACCESSORIES [NOT USED] 22 2.4 SOURCE QUALITY CONTROL [NOT USED] 23 PART 3 - EXECUTION 24 3.1 EXAMINATION [NOT USED] 25 3.2 PREPARATION 26 A. Protection of In -Place Conditions 27 1. Protect existing traffic signal equipment. 28 3.3 INSTALLATION 29 A. Follow the Traffic Control Plan (TCP) and install Traffic Control Devices as shown on 30 the Drawings and as directed. 31 B. Install Traffic Control Devices straight and plumb. 32 C. Do not make changes to the location of any device or implement any other changes to 33 the Traffic Control Plan without the approval of the Engineer. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 22, 2021 City Project No. 105359 3471 13 - 5 TRAFFIC CONTROL Page 5 of 6 1 1. Minor adjustments to meet field constructability and visibility are allowed. 2 D. Maintain Traffic Control Devices by taking corrective action as soon as possible. 3 1. Corrective action includes but is not limited to cleaning, replacing, straightening, 4 covering, or removing Devices. 5 2. Maintain the Devices such that they are properly positioned, spaced, and legible, 6 and that retroreflective characteristics meet requirements during darkness and rain. 7 E. If the Inspector discovers that the Contractor has failed to comply with applicable federal 8 and state laws (by failing to furnish the necessary flagmen, warning devices, barricades, 9 lights, signs, or other precautionary measures for the protection of persons or property), the 10 Inspector may order such additional precautionary measures be taken to protect persons 11 and property. 12 F. Subject to the approval of the Inspector, portions of this Project, which are not affected by 13 or in conflict with the proposed method of handling traffic or utility adjustments, can be 14 constructed during any phase. 15 G. Barricades and signs shall be placed in such a manner as to not interfere with the sight 16 distance of drivers entering the highway from driveways or side streets. 17 H. To facilitate shifting, barricades and signs used in lane closures or traffic staging may 18 be erected and mounted on portable supports. 19 1. The support design is subject to the approval of the Engineer. 20 I. Lane closures shall be in accordance with the approved Traffic Control Plans. 21 J. If at any time the existing traffic signals become inoperable as a result of construction 22 operations, the Contractor shall provide portable stop signs with 2 orange flags, as 23 approved by the Engineer, to be used for Traffic Control. 24 K. Contractor shall make arrangements for police assistance to direct traffic if traffic signal 25 turn-ons, street light pole installation, or other construction will be done during peak traffic 26 times (AM: 7 am — 9 am, PM: 4 pm - 6 pm). 27 L. Flaggers 28 1. Provide a Contractor representative who has been certified as a flagging instructor 29 through courses offered by the Texas Engineering Extension Service, the American 30 Traffic Safety Services Association, the National Safety Council, or other approved 31 organizations. 32 a. Provide the certificate indicating course completion when requested. 33 b. This representative is responsible for training and assuring that all flaggers are 34 qualified to perform flagging duties. 35 2. A qualified flagger must be independently certified by 1 of the organizations listed 36 above or trained by the Contractor's certified flagging instructor. 37 3. Flaggers must be courteous and able to effectively communicate with the public. 38 4. When directing traffic, flaggers must use standard attire, flags, signs, and signals 39 and follow the flagging procedures set forth in the TMUTCD. 40 5. Provide and maintain flaggers at such points and for such periods of time as may be 41 required to provide for the safety and convenience of public travel and Contractor's 42 personnel, and as shown on the Drawings or as directed by the Engineer. 43 a. These flaggers shall be located at each end of the lane closure. CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 22, 2021 City Project No. 105359 3471 13 - 6 TRAFFIC CONTROL Page 6 of 6 1 M. Removal 2 1. Upon completion of Work, remove from the Site all barricades, signs, cones, lights 3 and other Traffic Control Devices used for work -zone traffic handling as soon as 4 practical in a timely manner, unless otherwise shown on the Drawings. 5 3.4 REPAIR / RESTORATION [NOT USED] 6 3.5 RE -INSTALLATION [NOT USED] 7 3.6 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 8 3.7 SYSTEM STARTUP [NOT USED] 9 3.8 ADJUSTING [NOT USED] 10 3.9 CLEANING [NOT USED] 11 3.10 CLOSEOUT ACTIVITIES [NOT USED] 12 3.11 PROTECTION [NOT USED] 13 3.12 MAINTENANCE [NOT USED] 14 3.13 ATTACHMENTS [NOT USED] 15 END OF SECTION 16 .Revision Log DATE .NAME SUMMARY OF CHANGE .11/22/13 S. Arnold .Added police assistance, requirement for when a site specific TCP is required 1.4 A. Added language to emphasize minimizing of lane closures and impact to traffic. 3/22/2021 M Owen 1.5 Clarified submittal requirements 3.3 M. Clarified removal requirements 17 CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised March 22, 2021 City Project No. 105359 APPENDIX GC-4.01 Availability of Lands - None GC-4.02 Subsurface and Physical Conditions - None GC-4.04 Underground Facilities - None GC-4.06 Hazardous Environmental Condition at Site - None GC-6.06.1) Minority Business Enterprise Compliance MBE — Instructions to Bidders About the Business Equity Goal MBE — Business Equity Utilization Form MBE — Letter of Intent MBE — Prime Contractor Waiver Form MBE — Good Faith Effort Form MBE — Joint Venture Eligibility Form GC-6.07 Wage Rates 2013 Prevailing Wage Rates (Heavy & Highway Construction Projects) GC-6.09 Permits and Utilities — None GC-6.24 Nondiscrimination — None GR-01 60 00 Product Requirements — None CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 GC-4.04 Underground Facilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 GC-4.06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 GC-6.06.1) Minority Business Enterprise Compliance MBE — Instructions to Bidders About the Business Equity Goal MBE — Business Equity Utilization Form MBE — Letter of Intent MBE — Prime Contractor Waiver Form MBE — Good Faith Effort Form MBE — Joint Venture Eligibility Form CITY OF FORT WORTH 2O24 MISC SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MANHOLE REPAIR CONTRACT Revised July 1, 2011 City Project No. 105359 FORT WORTH. City of Fart Worth Business Equity Division INSTRUCTIONS TO BIDDERS ABOUT THE BUSINESS EQUITY GOAL Bid number: Business Equity Coal: % It is the policy of the City of Fort Worth to ensure the full and equitable utilization of Business Equity Firms when appropriate, in the procurement of all goods and services. When a Business Equity Goal is established for a bid, it means that the City of Fort Worth believes that there are Business Equity Firms available that can provide goods or services requested by the bid. The Business Equity Goal for Bid number is °I°. This means that the City believes that there are available Business Equity Firms that can provide goods or services required by this bid and therefore, % of the Bidder's awarded amount must be spent with a Business Equity Firm. All requirements and regulations stated in the City's current Business_Equity Ordinance #25165-10-2021 apply to this bid. Definitions are at the end of this document. Because a Business Equity Goal has been established for this bid, in order For your bid to be considered, a Bidder must satisfv one (1) of the conditions below. A. Commit to Meet or Exceed the Business Equity Coal Hire Business Equity Firm(s) to provide goods or services and spend at least the goal amount with the Business Equity Firm(s), Step 1: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firms Form" located at the City of Fort Worth's Business Eauitv Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days before bid opening. Step 3: Submit the following two (2) forms: a. Utilization Plan b. Letter(s) of Intent B. Prove a Good Faith Effort Show attempt to hire Business Equity Firms to meet or exceed the goal, but was unsuccessful. This can occur in two (2) ways: 1) Bidder proposes a smaller Goal Step 1: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firms Form" located at the City of Fort Worth's Business Equity Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days before bid opening. Step 3: Submit the following three (3) forms: a. Utilization Plan b. Letter(s) of Intent c. Good Faith Effort 2) Bidder proposes a 0% Goal Step 1: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firms Form" located at the City of Fort Worth's Business Eauitv Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days before bid opening, Step 3: If unsuccessful, submit Good Faith Effort Form. Please see Ordinance §20-370 (c page for requirements of an acceptable Good Faith Effort. C. Prove that the Bidder Can Perform the Service and Provide all Materials on the Project as the Prime Contractor Bidder must show that the Bidder is providing all of the goods and services through their own company and that there are no goods or services provided by a third party or an affiliate. Bidder will not purchase any supplies or inventory from a third party. Step 1: Must submit Prime Contract Waiver Form D. Create a Joint Venture with a Business Equity Firm At least one or both of the firms must be a Business Equity Firm Step 1: Must summit Joint Venture Form DEADLINE TO SUBMIT REQUIRED DOCUMENTS AND FORMS Bidders must submit sealed bids to be opened at the date, time, and place stated in the solicitation for the public opening of bids, Faxed copies will not be accepted, FREQUENTLY ASKED QUESTIONS 1. If I am Business Equity Firm, can I count my performance of the bid? Answer. A Business Equity Prime Contractor can count its self -performance towards meeting the Business Equity Goal for the assigned North American Industry Classification System (NAILS) commodity codes on its Minority Business Enterprise (MBE) or Women Business Enterprise (WBE) certification. 2. What if I am a Business Equity Firm, but 1 am unable to self perform all work or provide all of the goods under the bid, can I count my performance under the Bid? Answer. If the Business Equity Prime cannot self -perform all of the work, it will be accountable for subcontracting with certified firms to meet the overall goal. Business Equity Firms that qualify under the "Significant Business Presence" definition may count in the Program upon approval of DVIN-BE. 3. This bid does not have a set amount that the City will purchase from the Awarded Bidder, how do i complete the form? Answers: a. For a low bid. procurement, the lowest bidder shall submit a Utilization Plan no later than 2:00 PM on the third business day after bids are opened detailing all Subcontractors the Contractor intends to utilize in its performance of a Contract. Contractors that are Business Equity Firms may count their self -performed services towards meeting a Business Equity Goal. b. For a Best Value procurement, all bidders who wish to be considered for evaluation scoring shall submit a Utilization Plan by 2:00 PM on the third business day after the bids are opened detailing all Subcontractors the Contractor intends to utilize in its performance of a Contract. Contractors that are Business Equity Firms may count their self -performed services towards meeting a Business Equity Goal, c. Non-compliance. If the lowest bidder for a low bid procurement or any bidder for a Best Value procurement does not timely submit its Utilization Plar with the required documents, that bidder will be deemed Non -Responsive. For a low bid procurement, the City will notify the next lowest bidder who shall then submit a Utilization Plan with required documents no later than 2:00 PM on the third business day after the bidder receives notification. This process will be followed until a bidder submitting the required documents is selected. DEFINITIONS Business Equity Firm means an Independent Firm that is a Certified minority- and/or women -owned business enterprise (M/WBE) with a Significant Business Presence in the City's Marketplace. Business Equity Goal means a calculation prepared by the DVIN-BE that includes all the following factors: the detailed cost estimate of the work to be performed, or goods purchased; the 0-county Marketplace; the availability of Business Equity Firms and non -Business Equity Firms in the Marketplace determined ona Contract -by -Contract Basis; and the subcontracting/supplier opportunities of each project. Certified means those firms identified by the North American Industry Classification System (NAILS) that have been determined to be a bona fide MBE or WBE by the North Central Texas Regional Certification Agency (NCTRCA), the Dallas/Fort Worth Minority Supplier Development Council (DFW /MSDC), Women's Business Council -SW (WBCS), Texas Department of Transportation (TxDOT) or another certifying agency that the DVIN-BE may deem appropriate and accepted by the City of Fort Worth. DVIN-BE means the City's Department of Diversity and Inclusion — Business Equity Division Good Faith Efforts means the actions undertaken by a Contractor and approved by DVIN-BE as described inthe Business Equity Ordinance U0-370 (g). Joint Venture means a business entity formed by two or more independent Persons for the purpose of pursuing a common objective, such as a prime contract. The resulting business entity has additional resources and capacity, enhancing its ability to compete for larger awards. A joint venture is generally characterized by shared ownership, shared returns and risks, and shared governance. In a joint venture, the prime managing partner holds 51 % or more interest in the business. Partner(s) hold less than 51 % interest but in most cases, not less than 20%. Marketplace means the geographic area as defined by the City's most current Disparity Study (i.e., Tarrant, Dallas, Denton, Johnson, Parker and Wise counties). Responsive means that a Person is compliant with the requirements of the Business Equity Ordinance. Significant Business Presence means a Person (1) which has its principal place of business located inside the Marketplace; (2) which has its principal place of business located outside the Marketplace but has been verified to be in existence for a minimum of 24 months and from which at least 20% of the business's workforce is based in the Marketplace; or (3) which has cumulative business receipts greater than $1,000,000 for work done in the Marketplace since January 1, 2013. Utilization Plan means the list of Business Equity Firms that a Contractor commits will be utilized to meet the Business Equity Goal for a specific project, the scopes of the work and the dollar values or the percentages of the work to be performed. VIOLATIONS AND SANCTIONS 1. Failure to comply with the City's Business Equity Ordinance will result in the bid being considered "Non -responsive." 2. Failure to submit the required Business Equity forms and documentation will result in the bid being considered non -responsive and a "written warnino," letter that may impact the Offeror's evaluation scoring on future City bid opportunities for up to 12 months, refer to Ordinance WO-373 on VIOLATIONS AND SANCTIONS for continued offenses or failures to comply. If you have any questions, contact Department of Diversity & Inclusion, Business Equity Division Email: DVIN—BE@fortworthtexas.gov I Phone: 817-392-2674 City of Fort Worth ATTACHMENT 1A FORT WORTH Business Equity Utilization Form Page 1 of Disadvantaged Business Enterprise Utilization Form (Applicable if Federaliv-Funded) PRIMEIOFFERORIOWNER COMPANY NAME: !PROJECT NAME: PROJECT NUMBER: BID DATE: City's Business Equity Goal: Offeror's Business Equity (or DBE) (Check if addressing DBE Goal) % Commitment: Check all applicable boxes to describe ❑ Not Certified ❑MBE ❑WBE DBE HUB ❑VOSB Section 3 lPrimelOfferorlOwner's Classification: Certifying Agency: F-1NCTRCA DDIFW MSDC 0TX DOT F]WBCS Other. Ethnicity: African American Hispanic 11 Caucasian El Asian ❑ Native American Gender: DMale ❑Female Non -Binary Definitions: Business Equity Firm: Certified MBE Minority Business Enterprise or WBE Women Business Enterprise DBE: Disadvantaged Business Enterprise HUB: Historically Under Utilized Business VOSB: Veteran Owned Small Business Section 3: Certified Housing Urban Development Vendors ALL BUSINESS EQUITY FIRMS MUST BE CERTIFIED BEFORE CONTRACT AWARD Failure to complete this form, in its entirety, and received by the Purchasing Division no later than 2:00 p.m_ on the third City business day after bid opening, exclusive of bid opening date, will result in the bid -being considered non -responsive to bid specifications. Exception: CFA, ICA. and CDBG proiects, documents will be submitted to the City Proiect Manager if publid bid or to the Developer if privately bid. The undersigned PrimelOfferor agrees to enter into a formal agreement with the Business Equity firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth (Exception Developer proiects). 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. Business Equity firms listed toward meeting the project goal must be located in the City's marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. The marketplace is the Citv of Fort Worth including Dortions of Denton. Parker_ Wise. and all of Tarrant. Dallas. and Johnson counties. Certified means those Business Equity Firms, located within the Marketplace, that have been determined to be a bona -fide minority or women business enterprise by the North Central Texas Regional Certification Agency (NCTRCA), Dallas/Fort Worth Minority Supplier Development Council (DlFW MSDC) and Women's Business Council -Southwest (WBCS). If hauling services are utilized, the Primei0 fferor will be given credit as long as the Business Equity firm listed owns and operates at [east one fully licensed and operational truck to be used on the contract. The Business Equity firms may lease trucks from another Business Equity firm, Including Business Equity owner -operated, and receive full Business Equity credit. The Business Equity firm may lease trucks from non -Business Equity firms, including owner -operated, but will only receive credit for the fees and commissions earned by the Business Equity as outlined in the lease agreement. Federally -funded Projects (ONLY), Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the materials or supplies are purchased from a DBE regular dealer, count 60 percent of the cost of the materials and supplies toward the DBE goal. When materials or supplies are purchased from a DBE neither a manufacturer nor a regular dealer, count the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies or fees or transportation charges for the delivery of the materials or supplies delivered to the job site. In all cases, the Prime/Offeror is responsible to identify the amounts to be used toward the committed DBE goal. Note: For DBE Goats, 60% of the services count towards the goal. Effective 01/01/2021 Updated 03r2412022 FYY�R I H ATTACHMENT 1A ORT Business Equity Utilization Form Page Please note that only certified Business Equity firms will be counted to meetthe Business Equity goal. Prime/Offerors are required to identify ALL subcontractorslsuppliers, regardless of status; i.e., Business Equity firms and non -Business Equity firms_ Prime/Offerors must identify by tier level all subcontractors/suppliers. Tier: means the level of subcontracting below the Prime/Offeror i.e. a direct payment from the Prime/Offeror to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2nd tier. Business Equity firms are to be listed before non -Business Equity firms. The PrimelOfferor is responsible to provide proof of payment of all tiered sub-contractomtsuppliers identified as a Business Equity firm and counting those dollars towards meeting the contract committed goal. Certified Business Equity Prime/Offeror Contractors counting their self -performance towards meeting time contract goal, must be certified within these NAICS commodity codes with a certifying agency acceptable by the City of Fort Worth. Certified Business Equity PrimelOfferor counting self -performing services towards the goal, the service(s) to be performed should be listed first on the Utilization form. Check this box Rif certified Prime Contractor services will be counting towards the Business Equity contracting goal. Please list services first below. Please list certified Business Equitv firm names as listed on their certification, including DBA names. NAMES AND ADDRESSES OF CONTRACTORSISUPPLIERS TYPE OF SERVICESISUPPLIES PROVIDED NAICS Required) f q } Specify Tier Certification Agency Name 1st Tier Gender and Ethnicity: Business Name: i Type of Service/Supplies: Certified By: ❑ Male ❑Female ❑ Non -Binary Address: �/FW MSDC ❑African American ❑ Hispanic ❑NCTRCA Phone: NAICS Code: ❑TKDOT ❑WBCS Email: a ther: [1]Caucasian ❑ Native Contact Person: $ AMOUNT: American Business Name: Type of Service/Supplies: Certified By: ❑ Male ❑ Female ❑ Non -Binary ❑DFW MSDC Address: ❑❑NCTRCA African American ❑Hispanic Phone: NAICS Code: ❑TXDOT ❑WBCS ❑Asian Email: ❑Other. Caucasian ❑Native Contact Person: $ AMOUNT: American Business Name: Type of Service/Supplies: Certified By: ❑ Male El Female ❑ Non -Binary Address: ❑DFW MSDG ❑NCTRCA ❑African American ❑Hispanic Phone: NAICS Code: ❑TXDOT ❑WBCS ❑'fan Email: ❑Other: ❑ Caucasian El Native Contact Person: $ AMOUNT: American Effective 01/0112021 Updated 03124M22 FORT WORTH Business Equity Utilization Farm Please include muItip[e copies of this page if needed tD list all contractors and suppliers. NAMES AND ADDRESSES OF C O NTRACTO RSI$U P PLIE RS Business dame: Address: Phone: Email: Contact Person: Business Name: Address,. Phone: Entail: Contact Person: Business Name: Address; Phone: Email: Contact Person: Business Name: Address: Phone: Email: Contact Person: TYPE OF SERVICESISUPPLIES Specify Tier PROVIDED (NAICS Required) Name 1st Tier Type of ServicefSupplies: NAICS Code: 5 AMOUNT: Certification Agency ATTACHMENT 1A Page 3of4 Gender and Ethnicity: Certified By: ❑ Male ❑ Female ❑ Non -Binary ❑dfFW MSDC ❑African American ❑Hispanic ❑NCTRCA ❑Asian ❑TXDOT ❑WBCS ❑er ❑ Other ❑Native American Type of ServicefSupplies: Certified By: ❑ivlale ❑Female ❑NDn-Binary ❑DFW MSaC ❑NCTRCA []African American ❑ Hispanic NAICS Code: 'DXDOT ❑WBCS ❑Asian 1�4ther: ❑Caucasian ❑Native $ AMOUNT: American Type of ServicefSupplies, Certified By: ❑Male ❑I=ema[e ❑Non -Binary ❑DFW NISDC (NCTRCA ❑African American ❑Hispanic NAICS Code: ]TXDOT ❑WBCS ❑Asian ,]Other ❑Caucasian ❑Native $ AMOUNT: I Amedcan Type of ServicefSupplies: �DFW rtified By: ❑ Male ❑Female El Non -Binary Ms0c ■NCTRCA ❑African American ❑Hispanic NAICS Code: TXDCT ❑WBCS ❑Asian ❑Other. ❑Caucasian ❑Native $ AMOUNT: American Effective 0110112021 Updated a312412022 FORT WORTH Business Equity Utilization Form Total Dollar Amount of Certified PrimelOfferor Services towards contract goal Total Dollar Amount of Business Equity (or DBE if applicable) Subcontractors/Suppliers Total Dollar Amount of Non -Business Equity Subcontractors/Suppliers TOTAL DOLLAR AMOUNT OF CERTIFIED PRIME/ALL SUBCONTRACTORSISUPPLIERS ATTACHMENT IA Page 4 of 4 The Prime/Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Business Equity Division through the submittal of a Request for Approval of ChangelAddition online. 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 Prime/Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed Business Equity goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including non -Business Equity firms. The Prime/Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Prime/Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. A Prime/Offerer who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. Authorized Signature Title Company Name Address City/State/Zip Code Department of Diversity and Inclusion - Business Equity Division Email: DVIN_BEOffice@fortworthtexas.gov Ph:817-392-2674 Printed Signature Contact Name and Title (if different) Phone Number Email Address Date Effective 01/01/2021 updated 03I2412022 oar Woar Po PROJECT # BID # (If Applicable Please Check One) Amendment ❑ Change order ❑ Business Equity Division LETTER OF INTENT A. Business Equity Sub-Contractor/Consultant Information; A certified Business Eauity fine Is owned by a Minority or Woman Buslness Entemrlse f ME) [Pursuant to the City of Fort Worth's Business Equity Ordinance, certified Business Equity firms participating under the Ordinance must be certified prior to recommendation of award in order to be counted towards the Business Equity contract goal. Certifying agencies acceptable by the City: North Central Texas Regional Certification Agency (NCTRCA), DallaslFort Worth Minority Supplier Development Council, Inc. (DFW MSDC), Women's Business Council - Southwest (WBCS), or the Texas Department of Transportation (TXDOT). Note: For Federally -Funded projects the firm must be certified as a Disadvantaged Business Enterprise (DBE) by the NCTRCA and/or TXDOT only.] All Fields are Required � Do not leave blank. I. Name of Project 2, Name of Offeror/Prime Contracior: 3. Name of Business Equity Firm: Address: Firm Contact Name/Phone: 4, The undersigned is prepared to perform the following described work andlor supply the material listed in connection with the above project (where applicable specify "supply" or "install" or both): NAICS Code: (Owner/ Authorized Agent) Type a Print Name (Signature of Owner/Authorized Agent of Certified Business Equity Firm) (Email Address) B. Affidavit of Offeror/Prime I HEREBY DECLARE AND AFFIRM that (OwnerlAuthorized Agent) In the amount of $ (Name of Certified Business Equtly Firm) (Date) (Phony Num6erl am the duly authorized representative of and that I have personally reviewed the material and facts (Name of pfferodPrlme) set forth in this Letter of Intent. To the best of my knowledge, information and belief, the facts in this form are true, and no material facts have been omitted. Pursuant to the City of Fort Worth's Business Equity Ordinance, any personlentily that makes a false or fraudulent statement in connectlon with participation of a certified firm in any City of Fort Worth contract may be referred for debarment procedures under the City of Fort Worth's Business Equity Ordinance. do solemnly swear or affirm that the signatures contained herein and the information provided by the Offeror/Prime are true and correct, and that I am authorized on behalf of the Offeror/Prime to make the affidavit. (owner! Auihorizod Agent) Type or Print Name (Signature of owner/Authorized Agent) (Email Address) (Noma: of OfferorlPrime) (Dale) {Phone Number) Department of Diversity and inclusion E.rfcclivo 431/201 Business Equity Division [revised. 6-$-21 Email: 1.7VIN_l3EOff;ce(i;?fortworthtexax.gov Ph:817-3)2.2674 ATTACHMENT 113 FORT WORTH rage 1 of 1 City of Fort Worth Business Equity (MIWBE) Specifications Prime Contractor Waiver Form OFFEROR COMPANY NAME: ICheck applicable block to desmiho Prime PROJECT NAME: � ILIWWRF NON-MWBE 131D DATE City's MISE Project Goal., Offeror's MBE Project Gommttment: PROJECT NUMBER It both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form), All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Purchasin-CLDivislon_no later than 2:00 p.m., on the second Citv business day after bid oaenina, exclusive of the bid opening date, will result in the laid being considered non -responsive to bid specifications. Will you perform this entire contract without subcontractors? ❑ YES If yes, please provide a detailed explanation that proves based on the size and scope of this ❑ NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. j NO The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including certified M/WBE(s) on this contract, the payment thereof and any proposed changes to the original M1WBE(s) arrangements submitted with this bid. The Offeror also agrees to allow an audit andlor examination of any books, records and files held by their company that will substantiate the actual work performed by the M1WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an Irresponsible Offeror and barred from particlpatinq in City_ for a period of time not less than one {l) year. Authorized Signature Title Company Name Address cltvistatelzlg Printed Signature Contact Name (if different) Phone Number Fax Number Ernali Address ate, Business Equity Division Rev. 3113/2022 Emall: DVIN_BEEOfflce@fortworthtexas.gov Phone: (817) 392.2674 FORT WORTH, City of Fort Worth ATTACHMENT 1C Business Equity Division Page 1 of 4 Good Faith Effort Form PRIMEIOFFEROR COMPANY NAME: PROJECT NAME: Check applicable box to describe PrimelOfferor's Certification Elusiness Equity ❑ Non-ouginoss Firm Equily Firm BID DATE I Business Equity Goal- Offeror's Business Equity Goal Commitment: PROJECT NUMBER If the Offeror did not meet or exceed the Business Equity Goal for this project, the PrimelOfferor must corplete this form. If the Prime/Gfferor's method of compliance with the Business Equity Goal is based upon demonstration of a "Good Faith Effort", the Prime/Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 10 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Prime/Offeror. Failure to complete this form, In Its entirety with supporting documentation, and received by the Purchasing Division no later than 2,00 p.m. on the third City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. Exception: CFA, ICA, and CDBG projects, documents will be submitted to the City Project Manager if publicly bid or to the Developer If privately bid. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a Business Equity firm or non -Business Equity firm. (DO NOT LIST NAMES OF FIRMS), On all projects, the PrimelOfferor must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheers, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Effective 03115/2022 ATTACHMENT 'IC Page 2 of 4 2.) Obtain a current (not more than two (2) months old from the bid open date) list of Business Equity subcontractors and/or suppliers from the City's Business Equity Division, ❑ Yes No Date of Listing 3.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? ❑ Yes (if yes, attach list to include name of Business Equity firm, person contacted, phone number and date and time of contact.) ❑ No 4.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by fax, exclusive of the day the bids are opened? ❑ fires (if yes, attach list to include name of Business Equity firm, fax number and date and time of contact. In addltlon, If the fax is returned ae undeliverable, then that "undeliverable confirmation" received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or "undeliverable confirmation" documentation may render the No GFE non -responsive.) 5.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened? Yes (If yes, attach email confirmation to include name of Business Equity firm, date and time. In addition, If an email is returned as undeliverable, then that "undeliverable message" receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation andfor "undeliverable message" ❑ No documentation may render the GFE non -responsive.) NOTE: The three methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The PrimelOfferor must document that either at least two attempts were made using two of the three methods or that at least one successful contact was made using one of the three methods in order to deemed responsive to the Good Faith Effort requirement. NOTE: The Prime/Offeror must contact the entire Business Equity list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 thru S. 6.) Did you provide plans and specifications to potential Business Equity firms? ❑ Yes ❑ No 7.) Did you provide the information regarding the location of plans and specifications in order to assist the Business Equity firms? 1-1 Yes ❑ No Effective 0311512022 ATTACHMENT 1C Page 3 of 4 8.) Did you prepare a quotation for the Business Equity firms to bid on goodslservices specific to their skill set? ❑ Yes (If yes, attach all copies of quotations.) ❑ No 9.) Was the contact information on any of the listings not valid? ❑ Yes (If yes, attach the information that was not valid In order for the Business Equity Division to address the corrections needed.) ❑ No 10.) Submit documentation if Business Equity firms quotes were rejected. The documentation submitted should be in the firms forms of an affidavit, include a detailed explanation of why the Business Equity firms was rejected and any supporting documentation the Prime/Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the PrimeiOfferor will provide for confidential in -camera access to an inspection of any relevant documentation by City personnel. (Please use additional Sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain Business Equity firm participation on this project. The Prime/Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Prime/Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. A PrimelOfferor who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. Effective 03M 512022 ATTACHMENT 1 C Page 4 of 4 The undersigned certifies that the information provided and the Business Equity firms listed wastwere contacted in good faith. It is understood that any Business Equity firms listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's Business Equity Division. Authorized Signature Title Company Name Address City/StateOp Business Equity Division Email: DVIN_BEaffice@fortwarthtexas.gav Phone: (817) 392-2674 Printed Signature Contact Name and Title (if different) Phone Number Email Address Date Effertive OW15/2022 FORT WORTH, Joint Venture Page i of 3 CITY OF FOIST WORTH M/WEE Joint Venture Efigibalaty Forin All questions must be answered, rise "NIA" if not applicable. Name of City project: _ A joint venture fort) must be completed on pa�h projeot RFPBid/Purchasing Number: I. Joint venture informal inn: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: Email address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets tf addilional spare is required to provide detailed expleneflons of work to be performed by each firm comprising the larni venture WWRE firm I �� Non-MIWBE firm name: name: Business Address: BuSinoss Address: City, State, Zip: City, State, Zip: Telephono Facsimile E-mail Telephone Facsimile Cellular Certification Status: 1 Name of Certifying Agency: --__ 2. Scope of work performed by the Joint Venture: Describe the scope of 1vnrk of the M/WBE: CeI]ulnY E-mail address Describe the scope_of work of the non-MIWBE: Rev. 2113/19 Joini Venture Page 2 of 3 3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not cornplere if this information is described in jobrr venture crgr eer�Leqt) Profit and loss sharing: Capital contributions, including equipmelsC: Other applicable ownership interests: 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Accoulu Payable and Receivable) Management decisions: a. Estimating -- -------------- ----------- - --- Marketing and Sales c. Hiring and Firing of management personnel ------------------------- ---•-....................... d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Business Equity Division will review your joint venture submission and will have final approval of the M/WBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's Business Equity Division Immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's Business Equity Ordinance 25165-10-2021- . Rev. 2113119 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision -malting responsibilities and payments herein, The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, retards and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local lawslordinances concerning false statements or willful misrepresentation of facts. �.� �� ...W.... _ - - - - - - - .w.................._.............._........................................W......W......... Name of MDE: finn Name of non -MBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Natne of Owner Printed Name Signature of owner Signature of Owner Title Date Date State of On this Notarization County of day of and , 20 , before the appeared to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires _ Office of Business Diversity Email; mwbeoffice@fortworthtexas.gov Phone: (817) 392-2674 (ye o Rev. 2)13119 GC-6.07 Wage Rates 2013 Prevailing Wage Rates (Heavy & Highway Construction Projects) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator, 50,000 pounds or less $ 17.19 Excavator Operator, Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter, Structures $ 13.84 Form Setter, Paving & Curb $ 13.16 Foundation Drill Operator, Crawler Mounted $ 17.99 Foundation Drill Operator, Truck Mounted $ 21.07 Front End Loader Operator, 3 CY or Less $ 13.69 Front End Loader Operator, Over 3 CY $ 14.72 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator, Fine Grade $ 17.19 Motor Grader Operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator, Asphalt $ 13.08 Roller Operator, Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy -Float $ 16.24 Truck Driver Transit -Mix $ 14.14 Truck Driver, Single Axle $ 12.31 Truck Driver, Single or Tandem Axle Dump Truck $ 12.62 Truck Driver, Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis -Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. Page 1 of 1 GC-6.09 Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 GC-6.24 Nondiscrimination THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 MISC SANITARY SEWER MANHOLE REPAIR CONTRACT City Project No. 105359