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Contract 46838
NTRACT NO. "Nemm Fo TWaRTx �ummcm �CMIEn EwwrmwIv TIS•FLE(� PROJECT MANUAL FOR THE CONSTRUCTION OF BRIDGE REPAIR AND REHABILITATION AT SEVEN LOCATIONS (2015-25) City Project No. GGOI-539590-0202003 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director,Transportation and Public Works Department OF T 1 r *,«• =� �/ i ..... ...,......«.* • eHYU�3SiK MOON � 1.. ...................... 03% 110131 ENSC l�S�fl AL EN 'k " X111 FREES NIGH S, INC. TE AS REGISTERED ENGINEERING FIRM F-2144 Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2015 O"ICIA4 RECQRM CITY SECRETARY FT.WORTH, TX M&C Review Page 1 of 2 q. affioial site of the City of Fort Worth,Teas CITY Ct]UICIL AGEN[]Ao ° COUNCIL ACTION: Approved on 61212015 DATE: 6/2/2015 REFERENCE NO.: **C-27316 LOG NAME: 20BRIDGE REPAIR 2015-25 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with North Rock Construction LLC, in the Amount of $631,630.51 for Bridge Repair and Rehabilitation at Seven Locations and Provide for Project Costs and Contingencies for a Total Project Amount of$690,980.51 (COUNCIL DISTRICTS 2, 5, 6, 8 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with North Rock Construction LLC, in the amount of$631,630.51 for bridge repair and rehabilitation at seven locations, City Project No. 02575. DISCUSSION: This contract provides for repair and rehabilitation of seven bridges listed below. Funding for this project is included in the Fiscal Year 2015 Contract Street Maintenance Fund. Description Amount Design $ 0.00 Construction 11$631,630.51 Project Management/inspection/Contingencies, Etc. $ 59,350.00 Total Project Budgeted $690,980.51 The bridges to be included in the contract are as follows: BRDGE OVER COUNCIL DISTRICT East Allen Avenue Railroad 8 Hemphill Street Federal 9 Property/Railroad Alta Mesa Boulevard (East and Sycamore 6 West bound Creek/Railroad Trinity Boulevard (East and Vilest Railroad 5 bound Samuels Avenue 7771-fri6ity Rive: 2 West Felix Street I Railroad 9 East Rosedale Street I Sycamore Creek 8 The project was advertised on October 23, 2014 and October 30, 2014 in the Foft Worth Star- Telegram, On November 20, 2014, the following bids were received: BIDDERS AMC]UNT http://apps.cfwnet.org/council_packet/mc_review.asp?ID=21033&councildate=6/2/2015 6/10/2015 M&C Review Page 2 of 2 North Rock Construction LLC $ 631,630.51 McMahon Contracting, LP $ 672,257.65 SCR Construction Co., Inc. $ 815,748.50 Gibson & Associates, Inc. $ 834,171.02 Iowa Bridge & Culvert, LC $1 ,071 ,377.00 M/WBE Office- North Rock Construction LLC is in compliance with the City's BDE Ordinance by committing to 20 percent MBE participation on this project. The City's MSE goal on this project is 14 percent. The City reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount does not exceed 25 percent of the original contract award. This project is located in COUNCIL DISTRICTS 2, 5, 6, 8 and 9, Mapsco 62M, 68A, 77M, 77N, 91 J, 91N and 105A. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Contract Street Maintenance Fund. Fund Appropriation Request transfer is attached as follows: Available Unspecified Amount of Transfer Remaining Balance 1$1,228,501.13 $6917,980.51 $537,920.62 TO Fund/Account/Centers FROM FundlAccountlCenters „ C293 541200 205260257583 $631,630.51 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Richard Marbnez (7914) Tariqul Islam (2486) ATTACHMENTS Location Mao0l.pdf Location Map02.pdf Location Map03.pdf Location MaPO4.0 Location Map05.pdf Location Map06.pdf Location Map07.pdf http://apps.cfwnet.org/council_packet/me review.asp?ID=21033&councildate=6/2/2015 6/10/2015 FORT WORTH r I PROJECT MANUAL FOR THE CONSTRUCTION OF ! BRIDGE REPAIR AND REIL&BILITATION ! AT SEVEN LOCATIONS (2015-25) I�* City Project No.GGO1-5395'90-0202003 Betsy Price David Cooke Mayor City Manager rDouglas W. Wiersig, P.E. Director,Transportation and Pudic Works Department OF HYUNSI 00N � /.�.+.....1 ...... 10131 � I '0t�{t`•• CE NS��'�� 10A,2oN FREES NIGH LS, INC. TE AS REGISTERED ENGINEERING FIRM F-2144 Prepared for The City of Fart Worth TRANSP©R RATION AND PUBLIC WORKS 2015 1' 00 ori 00-t TABLE OF CONTENTS Page 1 of 2 "i I SECTION 00 00 00 2 TABLE OF CONTENTS 3 Division 00-General Conditions 09 4 00 05 10 Mayor and Council Communication 5 00 05 15 Addenda 6 0011 13 Invitation to Bidders 7 0021 13 Instructions to Bidders 8 0035 13 Conflict of Interest Affidavit 9 004100 Bid Form 10 00 42 43 Proposal Foran Unit Price 11 0043 13 Bid Band 12 00 43 37 Vendor Compliance to State Law Nonresident Bidder 13 00 45 26 Contractor Compliance with Workers'Compensation Law 14 00 45 40 Minority Business Enterprise Goal 15 00 52 43 Agreement 16 0061 13 Performance Bond 17 0061 14 Payment Bond 18 0061 19 Maintenance Bond 19 00 61 25 Certificate of Insurance 20 00 72 00 General Conditions 21 00 73 00 Supplementary Conditions 22 23 Division 01-General Requirements � 24 01 1100 Summary of Work 25 01 25 00 Substitution Procedures 26 01 31 19 Preconstruction Meeting 27 01 31 20 Project Meetings 28 01 32 16 Construction Progress Schedule 29 01 32 33 Preconstruction Video 30 01 33 00 Submittals 31 0135 13 Special Project Procedures 32 014523 Testing and Inspection Services 33 01 50 00 Temporary Facilities and Controls 34 01 55 26 Street Use Permit and Modifications to Traffic Control 35 015713 Storm Water Pollution Prevention Plan 36 01 58 13 Temporary Project Signage 37 01 60 00 Product Requirement 38 017000 Mobilization and Remobilization 39 017423 Cleaning 40 017719 Closeout Requirements 41 01 78 39 Project Record Documents 42 43 Division 34-Transportation 04 44 3471 13 Traffic Control 45 46 Special(TxDOT)* 47 TxDOT Remove Concrete(Sidewalks)—Spec 104-2015 48 TxDOT Remove Concrete(App Slab)—Spec 104-2027 49 TxDOT Remove Concrete(Abutment Backwall)—Spec 104-20239 CrrY OF FORT WORTH BRIDGE REHABILUATION(2015.25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 0001-539594-0202003 Revised November 9,2011 w oa uo f)0—2 TABLE OF CONTENTS Page 2 of 2 1 TxDOT,Excavation(Roadway)—Spec 110-2001 2 3 TxDOT Conc Pav(13")—Spec 360-2006 4 TxDOT Flowable Backfill—Spec 401-2001 5 TxDOT Cl C Concrete(Abutment)—Spec 420-2003 6 TxDOT Cl S Concrete(App Slab)—Spec 420-2033 7 TxDOT Cl S Concrete Sidewalk(Bridge Sdwlk)—Spec 420-2034 8 TxDOT Concrete Structure Repair(Vertical or Overhead)—Spec 429-2008 9 TxDOT Riprap(Concrete)(4 IN)—Spec 432-2001 10 TxDOT Riprap(Stone Type R)(Grout)(18 IN)—Spec 432-2042 11 TxDOT Cleaning and Sealing Existing Joints(CL-7)—Spec 438-2042 12 TxDOT Structural Steel(Misc Non Bridge)—Spec 442-2018 13 TxDOT Special Rail—Spec 450 14 TxDOT Remove Rail (Metal Elements)—Spec 452-2009 15 TxDOT Sealed Expansion Joint(SFJ-A) Spec 454-2001 16 TxDOT Epoxy Injection—Spec 780-2001 17 18 *TxDOT Specifications adopted by the Texas Department of Transportation June 1,2004,are 19 included for this project by reference. All standard specifications included in the Department's 20 Standard for Construction and Maintenance of Highways.Streets,and Bridges are incorporated 21 into the contract by reference. 22 23 Appendix 24 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 25 GC-6.07 Wage Rates 26 AP-1 Bridge Locations,Quantity Summaries,Plans and Details 27 28 END OF SECTION CITY OF FORT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CONSTRUCTION SPECEFCCATTOIN DOCUMENTS OG01-539590-0202003 Revised November 9,20[[ I 001I I3-t IN-V rFATION TO B[DDE-RS Page I of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of BRIDGE REPAIR AND REHABILITATION AT SEVEN 5 LOCATIONS(2015-25),GGO 1-539590-0202003 will be received by the City of Fort Worth 6 Purchasing Office: 7 i 8 City of Fort Worth 9 Purchasing Division 10 1400 Throckmorton Street 1 i Fart Worth,Texas 76102 12 until 1:30 P.M.CST,Thursday,November 24,2014,and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. n 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate) following: +� 17 18 Project consists of bridge repair and rehabilitation construction. 19 24 1,110.9 S.Y', Remove Concrete � 21 480.8 C.Y. Class S Concrete 22 2,394 LB Structural Steel 23 544.6 C.Y. Flowable Backfill 24 748 L.F. Sealed Expansion Joint(CL-7) 25 37.1 C.Y. Concrete Riprap 26 27 DOCUMENT EXAMINATION AND PROCUREMENTS 28 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 29 of Fort Worth's Purchasing Division website at htt2://www.fortworth2ov_or urchasine/and 30 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 31 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 32 suppliers. 33 .� 34 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy,817- 35 392-8459.City of Fort Worth,TPW, 1440 Throckmorton St., Fort Worth,TX 75102. 36 37 The cost of Bidding and Contract Documents is: $34.04 38 39 PREBID CONFERENCE 40 A prebid conference may be held as described in Section 00 21 13-INSTRUCTIONS TO 01 41 BIDDERS at the following location,date,and time: 42 DATE: Tuesday,November 4,2014 43 TUYIE: 9.00 A.M. 44 PLACE: Transportation&Public Works, 1000'fhrockmorton Street,Room 270 45 Fort Worth,Texas 76102 46 LOCATION: Municipal Building, 2`4 Floor. 47 48 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 49 City reserves the right to waive irregularities and to accept or reject bids. CITY OF FORT WORTH BRIDGE R,EHABr1.1TATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-1202003 Revised July 1,2011 1 0011 13.2 INV rrATION TO BIDDERS Page 2 of 2 t 2 INQUIRIES 3 All inquiries relative to this Procurement should be addressed to the following: 4 Attn: Tariqul Islam,City of Fort Worth 5 Email: tariqul.islam@forworthTexas.gov 6 Phone: 817-392-2486 7 AND/OR 8 Attn: Hyunsik Moon,Freese and Nichols 9 Email: hm@freese.com 1D Phone: 817-735-7367 11 12 ADVERTISEMENT DATES 13 October 23, 2014 14 October30,2014 15 16 EMD OF SECTION CITY OF FORT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CONSTR[ICTIO]N SPECIFICATION DOCUMENTS GGOI-539540-0202003 Revised July 1,2011 'i 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 I SECTION 00 2113 2 INSTRUCTION'S TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00-GENERAL CONDITIONS. _ 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person,fum,partnership,company,association,or corporation acting 12 directly through a duly authorized representative,submitting a hid for performing 13 the work contemplated under the Contract Documents- a 14 15 1.2.2. Nonresident Bidder: Any person, firm,partnership, company,association,or 16 corporation acting directly through a duly authorized representative,submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Docmneuts 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or rnisinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. .� 31 33 34 35 b_ 36 37 38 39 3.2.Eaeh Biddef-unless eeffently pFeqiialified,must be pr-epafed to submit to GiVy wil 40 41 45 11, 42 43 3.2.1. 64- 45 45 46 CITY OF FORT WORTH BRIDGE REHABII.ITAT14N(2415-25) w STANDAAACONSTRUCTION SPECT 1CATI0NDOC'UMTIrTS GOO 1-539596-6242663 Revised November 27,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 9.3.The City Y-esefves the fight to FeEl eentraoef whe is the apparent low 2 bidder-(s)for a project to si M.-i t.sue.h.ad�Li ii.-F.—....atien as the city,iR its Sol 3 diserc4ian , to 4 , 7 8 9 City Council. Pailuf e ie submit the adElzitional i4ennatien,if Fequested,may be grounds 10 fer-mjeetiog the apparent low bidder as it Af�eeied ean"eteFs will be 11 l2 13 3.4.hg addi Lion to ' 14 "uh �iuir"ua@c�oa" of 04ir v'tFicD""omcir . 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid, each.Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents(including"technical data" referred to in 22 Paragraph 4.2, below).No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto,shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 27 site conditions that may affect cost,progress,performance or furnishing of the 28 Work. 29 30 4.1.3.Consider federal,state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of die Work. 32 33 4.1.4. 34 4.1.5. Study all. (i)reports of explorations and tests of subsurface conditions at or 35 contiguous to the Site and all drawings of physical conditions relating to existing 36 surface or subsurface structures at the Site(except'Underground Facilities) that 37 have been identified in the Contract Documents as containing reliable"technical 38 data"and(ii)reports and drawings of.Hazardous Environmental Conditions,if any, 39 at the Site that have been identified in the Contract Documents as containing 44 reliable"technical data." 41 42 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 43 the information which the City will furnish.All additional information and data 44 which the City will supply after promulgation of the formal Contract Documents 45 shall be issued in the form of written addenda and shall become part of the Contract 46 Documents just as though such addenda were actually written into the original 47 Contract Documents.No information given by the City other than that contained in 48 the Contract Documents and officially promulgated addenda thereto,shall be 49 binding upon the City. 50 MY OF FORT WORTH BRIDGE REHABILITATION(2015,25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG0i-539590• M2003 Revised%yember 27,2012 wo I 1 00 21 13-3 INSTRUCITONS TO BIDDERS Page 3 of 9 1 4.1.7.Perform independent research,investigations,tests,borings,and such other means 2 as may be necessary to gain a complete knowledge of the conditions which will be 3 encountered during the construction of the project. On request,City may provide 4 each Bidder access to the site to conduct such examinations,investigations, 5 explorations, tests and studies as each Bidder deems necessary for submission of a 6 Bid. Bidder must fill all holes and clean up and restore the site to its former 7 conditions upon completion of such explorations,investigations, tests and studies. 8 9 4.1.8.Determine the difficulties of the Work and all attending circumstances affecting the I 10 cost of doing the Work, time required for its completion,and obtain all information 11 required to make a proposal.Bidders shall rely exclusively and solely upon their .� 12 own estimates,investigation,research,tests,explorations,and other data which are 13 necessary for full and complete information upon which the proposal is to be based. 14 It is understood that the submission of a proposal is prima-facie evidence that the 15 Bidder has made the investigation,examinations and tests herein required.Claims "' 16 for additional compensation due to variations between conditions actually t7 encountered in construction and as indicated in the Contract Documents will not be 18 allowed. •� 19 (, 20 4.19.Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 21 between the Contract Documents and such other related documents.The Contractor 22 shall not take advantage of any gross error or o6ssion in the Contract Documents, 23 and the City shall be permitted to make such corrections or interpretations as may 24 be deemed necessary for fulfillment of the intent of the Contract Documents. 25 26 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of. 27 28 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 29 the site which have been utilized by City in preparation of the Contract Documents. 30 The logs of Soil Borings,if any,on the plans are for general information only. 31 Neither the City nor the Engineer guarantee that the data shown is representative of 32 conditions which actually exist. 33 34 4.2.2. those drawings of physical conditions in or relating to existing surface and 35 subsurface structures(except Underground Facilities)which are at or contiguous to 3+6 the site that have been utilized by City in preparation of the Contract Documents. 37 38 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 39 on request. Those reports and drawings may not be part of the Contract 40 Documents,but the "technical data"contained therein upon which Bidder is entitled 41 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 42 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 43 responsible for any interpretation or conclusion drawn from any "technical data" or 44 any other data, interpretations,opinions or information. 45 CITY OF FORT WORTH BRIDGE REHABU fATION[2015-25] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-53959MD2003 Revised November 27,2012 0021 13-4 INSTRUMONS TO BIDDERS Page 4 of 9 r I 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 2 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 3 exception the Bid is premised upon performing and furnishing the Work required by the 4 Contract Documents and applying the specific means,methods,techniques,sequences or 5 procedures of construction(if any)that may be shown or indicated or expressly required 6 by the Contract Documents,(iii)that Bidder has given City written notice of all 7 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 8 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 9 etc.,have not been resolved through the interpretations by City as described in 10 Paragraph 6.,and(iv) that the Contract Documents are generally sufficient to indicate 11 and convey understanding of all terms and conditions for performing and furnishing the 12 Work. 13 14 4-4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 15 biphenyls(PCBs),Petroleum,Hazardous Waste or radioactive Material covered by 16 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 17 Documents. *' 18 I 19 5. Availability of Lands for Work,Etc. 20 A 21 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for l 22 access thereto and other lands designated for use by Contractor in performing the Work 23 are identified in the Contract Documents. All additional lands and access thereto 24 required for temporary construction facilities,construction equipment or storage of 25 materials and equipment to be incorporated in the.Work are to be obtained and paid for 26 by Contractor. Easements for permanent structures or permanent changes in existing 27 facilities are to be obtained and paid for by City unless otherwise provided in the �. 28 Contract Documents. 29 30 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 31 in Paragraph 5C 4.01 of the Supplementary Conditions. In the event the necessary right- 32 of--way,easements,and/or permits are not obtained,the City reserves the right to cancel 33 the award of contract at any time before the Bidder begins any construction work on the 34 project. 35 36 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 37 way,easements,and/or permits,and shall submit a schedule to the City of bow 38 construction will proceed in the other areas of the project that do not require permits 39 and/or easements. 40 41 6. Interpretations and Addenda 42 i w 0 P0 CITY OF FORT WORTH BRIDGE REHAB.rrATFON(2015-25) V STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-539590-0202003 Revised November 27.2012 DO 21 13•5 INSTRUCTIONS TO BIDDERS page 5 of 9 1 5.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 1, 2 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 3 received after this day may not he responded to. Interpretations or clarifications 4 considered necessary by City in response to such questions will be issued by Addenda 5 delivered to all parties recorded by City as having received the Bidding Documents. 6 Only questions answered by formal written Addenda will be binding. Oral and other 7 interpretations or clarifications will be without legal effect. 8 •` 9 Address questions to: 10 I l City of Fort Worth 12 1000`l"hrockrrlorton Street 13 Fort Worth,TX 76102 14 Attn: Tariqul Islam,Transportation and Public Warks as 15 Fax; 817-392-7969 16 Email: tariqul.islara@fortworthtexas.gov,Phone. 817-392-2486 37 18 19 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by ` 20 City. 21 22 6.3.Addenda or clarifications may be posted via Buzzsaw at<Insert Link to Documents. � 23 24 6.4.A prebid conference may be held at the time and placeindicated in the Advertisement or 25 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 26 Project. Bidders are encouraged to attend and participate in the conference. City will 27 transmit to all prospective Bidders of record such Addenda as City considers necessary 28 in response to questions arising at the conference. Oral statements may not be relied 29 upon and will not be binding or legally effective. 30 31 7. Bid Security 32 33 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 1 34 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 35 the requirements of Paragraphs 5.01 of the General Conditions. 36 37 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 38 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 39 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 40 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 41 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 42 other Bidders whore City believes to have a reasonable chance of receiving the award 43 will be retained by City until final contract execution. 44 45 8. Contract Times 46 The number of days within which,or the dates by which, Nfiilestones are to be achieved in 47 accordance with the General Requirements and the Work is to be completed and ready for 48 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 49 attached Bid Form. 50 CrrY OF FORT WORTH BRIDGE REHABILITATION(201525) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised November 27.2012 ' 1 f 002113-6 INSTRUC-CIONS TO BIDDERS Pap 6 of 9 r 1 9. Liquidated Damages I 2 Provisions for liquidated damages are set forth in the Agreement. 3 4 10. Substitute and"Or-Equal" Items 5 The Contract,if awarded,will be on the basis of materials and equipment described in the 6 Bidding Documents without consideration of possible substitute or"or-equal"items. 7 Whenever it is indicated or specified in the Bidding Documents that a"substitute"or"or- 8 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 9 City,application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Paragraphs 6.05A.,6.05B. and 6.050.of the General t2 Conditions and is supplemented in Section 0125 00 of the General Requirements. 13 14 11. Subcontractors,Suppliers and Others lr 15 " 16 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 17 12-2011 (as amended),the City has goals for the participation of minority business 18 and/or small business enterprises in City contracts. A copy of the Ordinance can be 19 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 20 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 21 Waiver Farm and/or Good Faith Effort Form with documentation and/or Joint 22 Venture Form as appropriate.The Forms including documentation must be received 23 by the City no later than 5:00 P.M.CST,five(5)City business days after the bid 24 opening date.The Bidder shall obtain a receipt from the City as evidence the 25 documentation was received. Failure to comply shall render the bid as non- 26 responsive. 27 2.8 11.2. No Contractor shall be required to employ any Subcontractor,Supplier,other person 29 or Organization against whom Contractor has reasonable objection. 30 31 12, Bid Farm 4 32 4 33 12.1. The Bid Form is included with the Bidding Documents;additional copies may be 34 obtained from the City. 35 1 36 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 37 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 38 the Bid Form. A Bid price shall be indicated for each Bid item, alternative,and unit 39 price item listed therein. In the case of optional alternatives,the words"No Bid," " 40 "loo Change,"or"Not Applicable" may be entered.Bidder shall state the prices, 41 written in ink in both words and numerals,for which the Bidder proposes to do the 42 work contemplated or furnish materials required.All prices shall be written legibly. 43 In case of discrepancy between price in written words and the price in written 44 numerals, the price in written words shall govern. 45 46 12.3. Bids by corporations shalt be executed in the corporate name by the president or a 47 vice-president or other corporate officer accompanied by evidence of authority to 48 sign. The corporate seal shall be affixed. The corporate address and state of 49 incorporation shall be shown below the signature. 50 Cr1-Y OF FORT WORTH RRR7GE REHASILFCATION(2015-25) STANDARD CONSTRUCTION SPECWICATION DDCUMEN-M GG01-539590-0202{]03 Revised'November 27,2012 r 002113-7 1NSTt2UCT10NS TO BLDDERS I Page 7 of 4 l 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 2 partner,whose title must appear under the signature accompanied by evidence of j 3 authority to sign. The official address of the partnership shall be shown below the 4 signature. 5 6 12.5. Bids by limited liability companies shall be executed in the name of the firm by a d 7 member and accompanied by evidence of authority to sign. The state of formation of 8 the firm and the official address of the firm shall be shown. 9 10 12.6. Bids by individuals shall show the Bidder's name and official address. 11 � 12 12.7. Bids by joint ventures shall be executed by each joint venturer in the mariner 13 indicated on the Bid Form. The official address of the joint venture shall be shown. 14 15 12.8. All names shall be typed or printed in ink below the signature. 14 17 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 18 which shall be filled in on the Bid Form. 19 20 12.10. Postal and e-mail addresses and telephone number for communications regarding the 21 Bid shall be shown. 22 23 12-11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 24 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 25 to State Law Non Resident Bidder. 26 27 13. Submission of Bids 28 Bids shall be submitted on the prescribed Bid Form„provided with the Bidding Documents, .. 29 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 30 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 31 marked with the City Project Number,Project title,the name and address of Bidder,and 32 accompanied by the Bid security and other required documents. if the Bid is sent through the 33 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 34 with the natation"BID ENCLOSED"on the face of it. 35 36 14. Modification and Withdrawal of Bids 37 38 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 39 withdrawn prior to the time set for bid opening. A request for withdrawal trust be 40 made in writing by an appropriate document duly executed in the manner that a Bid 41 must be executed and delivered to the place where Bids are to be submitted at any 42 time prior to the opening of Bids.After all Bids not requested for withdrawal are 43 opened and publicly read aloud, the Bids for which a withdrawal request has been 44 properly filed may,at the option of the City,be returned unopened. 45 46 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 47 time set for the closing of Bid receipt. 48 CITY OF FORT WORTH BRIDGE REHABUTATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGo1-539590-0202003 Revised November 27.2012 � D021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 15. Opening of Bids 2 Bids will be opened and react aloud publicly at the place where Bids are to be submitted. An 3 abstract of the amounts of the base Bids and major alternates(if arty) will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 9 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 10 11 17. Evaluation of Bids and Award of Contract 12 13 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 14 to reject any or all nonconforming, nonresponsive,unbalanced or conditional Bids 15 and to reject the Bid of any Bidder if City believes that it would not be in the best 16 interest of the Project to make an award to that Bidder,whether because the Bid is 17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 18 meet any other pertinent standard or criteria established by City. City also reserves 19 the right to waive informalities not involving price,contract time or changes in the 20 Work with the Successful Bidder. Discrepancies between the multiplication of units 21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 22 between the indicated sum of any column of figures and the correct sum thereof will 23 be resolved in favor of the correct sum.. Discrepancies between words and figures 24 will be resolved in favor of the words. 25 26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 27 among the Bidders,Bidder is an interested party to any litigation against City, 28 City or Bidder may have a claim against the other or be engaged in litigation, 29 Bidder is in arrears on any existing contract or has defaulted on a previous 30 contract,Bidder has performed a prior contract in an unsatisfactory manner„or 31 Bidder has uncompleted work which in the judgment of the City will prevent or 32 hinder the prompt completion of additional work if awarded. 33 34 17.2. City may consider the qualifications and experience of Subcontractors,Suppliers,and 35 other persons and organizations proposed for those portions of the Work as to which 36 the identity of Subcontractors,Suppliers,and other persons and organizations must 37 be submitted as provided in the Contract Documents or upon the request of the City, 38 City also may consider the operating costs, maintenance requirements,performance 39 data and guarantees of major items of materials and equipment proposers for 40 incorporation in the Work when such data is required to be submitted prior to the 41 Notice of Award. 42 43 17,3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility,qualifications,and financial 45 ability of Bidders,proposed Subcontractors,Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 CITY OF FORT WORTH BFUDGE REHABILUATTON(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG41-539590d120 M Revised Novemher27.2012 r 1 0021 13-9 IR LISTRUCrIONS TO BIDDERS Y Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35%of the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and , 5 responsive Bidder whose evaluation by City indicates that the award will be in the Y 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a l 1 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a w� 12 comparable contract in the state in which the nonresident's principal place of i 13 business is located. ' 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded,City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will he issued by � 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds,Certificates of Insurance,and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. r� 29 30 31 32 END OF SECTION I CrrYOF FORT WORTH SRrDGE REHABILITATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-53959BM02003 Revised November 27,2012 0035 13. 1 +� CONFUCT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 35 13 2 CONFLICT OF IN'T'EREST AFFIDAV IT 3 4 Each bidder,offeror,or respondent(hereinafter also referred to as "you") to a City of Fort Werth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire (the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement (the attached CIS Form)below pursuant to state law_This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work. The referenced forms may be downloaded from the website finks provided below. « 10 1 1 littp:l./www_cilll+~S.state.t; .tis/ft-)mi:,/('!L.pdf 12 « 13 Itttp:�Iwwsv_ethics.3tate_tx.usffcirmsl I,S.prlf 14 15 CIQ Form is on file with City Secretary 16 17 1 ^ ] CIQ Form is being provided to the City Secretary 18 19 CIS Form is on File with City Secretary 20 21 0 CLS Form is being provided to the City Secretary 22 wr 23 24 25 BUDDER: 26 27 North Rock Construction LLC By: John F. Gann II 28 Company (Please Print) 29 30 525 S Loop 288, Suite 145 Signature- 31 Address 32 33 Benton,TX 76205 Title: President 34 City/State/Zip (Please Print) 35 to 36 37 END OF SECTION 1A « « CITY OF FORT WORTH BRIDGE REHARILtTATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-020200 Revised March 27,2012 CONFLICT OF INTEREST QUESTIONNAIRE FORM CLQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular session. OFFICE USE ONLY This questionnaire is being fled in accordance with Chapter 176,Local Govemment Code pate R"'j"d by a person who has a business relationship as defined by Section 176.001(1-a)with a local govemmental entity and the person meets requirements under Section 176.006(x). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176,006, Local Govemment Code.An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. None 7 ❑ Check this 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 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. None Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176,061(1-a), Local Govemment Code. Attach additional pages to this Form CiQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes F---] No Ti/a S. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income,from or at the direction of the local govemment officer named in this section AND the taxab[e income is not received from the local governmental entity? Yes No n/a C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local govemment officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes E] No n/a D. Describe each employment or business relationship with the local government officer named in this section. 4 November 20, 2014 Mr �.° iann`�;' es c`enst` or�l-� oc�Ce+L°tons R11ty etion LLC Date Adopted D6129I2007 LOCAL GOVERNMENT OFFICER FORM CIS CONFLICTS DISCLOSURE STATEMENT (Instructions for completing and filing this form are provided on the next page.) This questlonnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This is the notice to the appropriate local governmental entity that the following local government€;'fficer has become aware of facts that require the office to file this statement Dale Received in accordance with Chapter 176,Local Government Code. 1 Name of LocalGovernment Officer none 2 Office Held 3 blame of person described by Sections 176.002(a) and 176.003(a), Local Government Code 4 Description of the nature and extent of employment or other business relationship with person named in item 3 51 List gifts accepted by the local government officer and any family member, excluding gifts described by Section `476.003(a-1), if aggregate value of the gifts accepted from person named in item 3 exceed$250 during the 12-month period described by Section 176,003(a)(2)(B) Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift (attach additional forms as necessary) 6 AFFIDAVIT I swear under penalty of perjury that the above statement is true and correct. 1 acknowledge that the disclosure applies to a family member (as defined by Section 176.001(2), Local Government Code)of this local government officer. I also acknowledge that this statement carvers the 12-month period described by Section 176.003(a), Local Government Coda. Signature of Local Govgmment officer AFFIX NOTARY STAMP T SEAL ABOVE. Sworn to and subscribed before me,by the sald thls the day of ,24 ,to certify which,vvttnass my hand end see!of office. Signature of ofNeer adminlsterfrig oath printed name of officer adrnInIsle ring oath T1tle of offlcar administering oath Adopted 06129!2007 Pit 04141 W. SID FORM Ir Page�ofA SECTION 00 41 00 BID FORM TO: The City Manager do;The Purchasing Department 1000 Throckmorum Street City of Fon worth,Texas 76102 • FOR BRII)CE REPAIR AND REHABILITATION AT SEVEN LOCATIONS(2015-25) City project No- 539590-0202003 l� Units/Sections: BRIDGE REPAIR.ANIS REI-IABILf CATION 1. Enter Into Agmweut The undersigned Bidder proposes and agrees,if this Bid Ls accepted,to enter into an Agreement nth City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Ackstowledgements and Certlfleation Pr 2.1_In submitting this Bid,Bidder accepts all d the terms and conditions of the INVITAnON TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without[imitation those dealing with the disposition of Bid Bond_ 2.2. Bidder is aware of aA casts to provide the required insurance.will do so pending corritract 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 auy undisclosed mdividual or entity and is not submitted in conformity with any collusive agreement or rules of any group,association,organization.or corporation_ 1� 2 A. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham.Bid. 2.5. Bidder has not solicited or induced any individual or entity to relkain froze bidding. 2.6.Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Con tr3cL For the purposes of this Paragraph a. "conupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the budding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to inflttence the bidding process to the detriment of City{b)to establish Bid priaes at artificial non-competitive levels,or[c]to deprive City of the beoefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with cr without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-ompetitive levels. d "coercive practice"means harming or threatening to harm],directly or indirectly,persons or their property to influence their participation in the bidding process or affect the executian of the Contract. CITY OF FORT WORTH STANDARD CC3hS'MUC ION SPECIFICATION DOCUMEWS F.=Ke,dsed 20IF a6?7 _tmp_42725312265 xlE n 99 a i�r � BII}FrJIZM Flat 2 of f. 7t�I �Bl1 4 r 3_ b. ar 4. Time of Completlom ,1,1. The Work will be complete for Final Acceptance within 154 days after the date when the the Ccmtract Time commences to run as provided in Paragraph 2.03 of the General Candid ans_ 4.2. Bidder aec". the provisions of the Agreement as to liquidaW damages in the event of failure to complete the Work(and/or achievement of Milestonesl within the titres specified in the Agreement- 5i greement5: Attached to tltls Bid The following documents are anached to and made a part of this Bid; a.This Bid Form b.Required:Bid Bond,Section 00 43 13 issued by a surety meetung the requirements of Paragraph 5.0; of the general Conditions. c. Proposal Foam Section d. Vendor Compliance to State Law Nan Resident Bidder,Section 00 43 37 e,I+ WBE�Foums(optional at time of bid) f, pFaquab ie a436e$taAMTeri4,9OIIA ..Ail I 5 1`1 g. Conflict of Interest Affidavit,Section 00 35 13 a h. Any additional documents that may be required by Section 12 of the Insuvoions to Bidders 6, Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below,please tntcr the total bid amount far this project Only this figure will be read publicly by the City at the bid opening. • 6.3.. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification andior modificatien by raultiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid �p,Q�• ' 7. Bid Submittal This Bid is submitted by the entity named below. L-m OA FFC}AT wRttTH nANDAPbCi7Y45'ffiLTJ=ON W1?.-MCATr07int7CUMMMS Fom Ravimed 207110627 _tmp_4272531.2265 xls 0041 00 am FORM Page 3 af6 ~ Respaatfully submitted, Receipt is acknowledged of the Initial following Addenda: By;_ _ Addendurn No. 1: [Si ada - Addendum No.2: Addendum No.3: .:<,� ]yz�;`�:..�',�.�' .:.. .. k:,::.<;:`.�ti;;:,tir.•:•S@� ,. ;: �:�:7:; Ufa{•..ck'�' Addendum No.4: f nntrd Name) Company.:: ::• . Corparste Seal: Address � :^• �.,�,�,� ,,\R�+�-�,r��K;�'�k`�`.jit:�. �' .., fin.+.t ��,•-{ State of Incorporation: 4YV..+!d.�SJ'$O`W.''_M..is.n ✓c,r � I;IAaIl. � .. RMM END OF SECTION] as IITY OP FORT WORTH 5rANDARD CONS7RUC CN SPECMCAT1ON D©CUNM S PamRv4sed 2011M7 _tmp_42725.312265.x1s SECTION 04 42 43 PROPOSAL FORM Noah Rock Construction LLC UNIT PRICE BID Bidder's Application Iw Project Item Information Bidder's Proposal Bidlist Spectfica TxDOT Unit of Bid Item Description tionUnit Price Bid Value No. Section Item No. Measure Quantity I PORTABLE MESSAGE SIGN 34 71 13 WK 2.0 $2,474.55 $4,949.10 2 RAILROAD COORDINATION 01 35 13 LS 2.0 $4.170,57 $8,341.14 3 ARMOR JOINT 454-2004 LF 355.0 $106.18 $38,755.76 4 EXCAVATION(ROADWAY) 110-2001 CY 544.6 $76.12 $41,454.95 5 REMOVE CONC(ABUT BACKWALL) 104-2039 CY 1.9 $1,903.28 $:,616.23 6 REMOVE CONC(SIDEWALKS) 104-2015 SY 127.3 536.22 $4,610.81 sr 7 REMOVE CONC(APPR SLAB&PAVT) 104-2027 SY 1110.9 $32.71 $36,337.54 8 CL C CONC(ABUT) 420-2003 CY 1.9 '$2,891.05 55,493.00 9 CL S CONIC(APPR SLAB) 420-2033 CY 449,5 $481.81 $216,573.60 10 CL S CONC(BRFDGE SDWLK) 420-2034 CY 31.3 $417.80 $13,077.14 11 CONIC PVMT(CONT REINF-CRCP)(13") 360-2006 SY 148.3 $188.14 $27,941.16 12 STRUCTURAL STEEL (MISC NON-BRIDGE)(BS-EJCP) 442-2048 LB 2394.0 $7.6+4 $18,290.16 13 CNC STR REP(VERTICAL,OR OVERHEAD) 429-2008 SF 54.0 $482.87 $26,074.98 14 CLEAN AND SEAL EXIST JOINTS(CL-7) 438-2002 LF 748.0 $34.96 526,150.08 15 REMOVE RAIL(META!.ELEMENTS) 452-2009 EA 5.0 $244.85 $1,'224.25 16 SPECIAL RAIL(HEMPHILL ST) 450 EA 5.0 $1,287.49 $6.437.45 17 SPECIAL RAiL(FELIX ST) 450 LF 19.0 $278.04 $5,282.76 18 FLOWABLE BACKFILL 401-2001 CY 544,5 5159.04 $86.613.18 19 EPDXY INJECTION(TY (X) 780-2001 LF 4.0 $636.71 $2,546.84 20 RIPRAP(CONQ(41N) 432-2001 CY 37.1 $1,412.60 $52,407.46 A 21 RIPRAP(STONE TY R)(GROUT)(I91N) 432-2042 CY 2.8 $1,961.78 $5,492.98 TOTAL BID $631430.51 Rt' 00 43 37 VENDOR COMPLIANCE TO 5TA1T-LAW Page 6 of 6 SECTION Ott 43 37 w VENDOR COiV LIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Cade 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 automatically disqualify that bidder.Resident bidders must check the box in Section B. A. Nonresident bidders in the State of « our principal place of business, Cs szz:, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. w Nonresident bidders in the State ofour 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. LX BIDDER: Company: Company Name Here North Rock Construction LLC By: Printed Name Here Jg F. GMn lI Address: Address Here 525 S Loop 2$$, Ste 105 Address Here or Space (Signature) City,State Zip Code Here Denton,TK 76205 # Title: Title Here President Date: November 20, 2014 r .,t END OF SECTION C1TY OF FORTW ORTH STANDARD CONStRUCTtON SPECMICAT]ON DOCUMENTS Fb=Revised 20110627 _tmp_42725312265.xds 004526-1 CONTRACTOR COMPLIANCE WrFH WOR KER'S COMPENSATION LAW Fags 1 of 1 1 SECTION 00 45 26 2 CON"1'RACTOR COMPLIANCE.WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Cade Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. GGO1-539590-0202003 Contractor further certifies that,pursuant to Texas Labor b Code, Section 406.096(h),as amended,it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: 10 11 North Rock Construction LLC By, John F. Galan 1I 12 Company (Please Print) 13 14 525 S Loop 288, Suite 105 Signature': 15 Address 16 17 Benton,TX 76205 Title: President 18 City/State/2jp (Please Prim) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF T Denton § 24 25 BEFORE ME, the undersigned authority, on this day personally appeared �. 26 John F. Gann 11 , known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of for the purposes and 29 consideration therein expressed and in the capacity therein stated 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this gt541" day of 32 0 !wn , 20-Lq 33 34 35 36 .E MARGIE KEITH Notary 1iand for the State of Texas 37 my commission Expires April 17.2018 38 r 'D OF SECTION 39 w CTrY OF FORT WORTH BRIDGE REHABILITATION(2014-25) STANDARD CONSTRVCPION SPECIFICA ON DOCUMENTS CsG01-539590-0202003 lA Revised July 1,2011 ADDENDA Page I of i a 1 SECTION 00 05 15 2 ADDENDA No. 1 3 4 5 The Contract and documents for this project are hereby revised or amended to clarify the followings: b 7 Section 0442 43—Proposal Form: �r 8 9 1. Bidlist Item No.4-EXCAVATION(ROADWAY):Bid Quantity should read 544.6 CY instead of 10 137.2 CY. 11 2. Bidlist Item No. 11-CONC PVMT(CONT RRINF CRCP)(I3"):Bid Quantity should read 148.3 I2 5Y instead of 1683 SY. 13 14 The revised Proposal Form and Summary of Estimated Quantity sheet have been attached to this 15 addendum. 16 17 18 Please acknowledge receipt of this addendum by signing and inserting into your proposal at the time of r+ 19 bidding.Failure to return a signed copy of this addendum may be grounds for rendering the hid.as 20 nonresponsive. 21 22 Receipt Acknowledges: 23 24 By By:- 25 Tariqul Islam 26 Graduate Engineer CTPWIStreet Services) 27 28 r! 29 END OF SECTION y CITY OF FORT WORTH BR DGE REttAABILP'CATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-539590 02003 Revised July 1,2011 004540-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 1y 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL ' 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,()00, then the MBE subcontracting goal 5 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 6 subcontracting goal is not applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 14 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MIdE PROJECT GOAL 14 The City's MBE goal on this project is 14% of the total bid (Base bid applies to Parks and 15 Community Services). Note; If both MBE and SBE subcontracting goals are established for this 16 project,then an Offeror roust submit both a MBE Utilization Form and a SBE Utilization Form to be 17 deemed responsive. i8 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 21 required to comply with the intent of the City's Business Diversity Ordinance by one of the 22 following: 23 1, Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Waiver documentation. 27 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 28 responsive.Any questions,please contact the MIWBE Office at(817)392-5104. 29 30 SUBMITTAL,OF REQUIRED DOCUMENTATION 31 The applicable documents must be received by the Managing Department, within the following 32 times allocated, in order for the entire bid to be considered responsive to the specifications. The 33 Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing 34 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 35 documentation in the time allocated. A faxed copy will not he accepted. 1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if participation is less than the bid opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if Finn will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. I the bid opening date,exclusive of the bid opening date. 36 ENI)OF SECTION CrrY OF FORT WORTH BRIDGE REHABRXrAnON(2015.25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202M3 Revised Demmber 20,2012 005243-1 Agreement Page i of 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT,authorized on JUNE 2,2015 is made by and between the City of Forth 4 Worth, a Texas home rule municipality,acting by and through its duly authorized City Manager, 5 ("City"),and NORTH ROCK CONSTRUCTION LLC,authorized to do business in Texas, 6 acting by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the I 1 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows. • 15 BRIDGE REPAIR AND REHABILITATION AT SEVEN LOCATIONS (2015-25) 16 GGOI-539590-0202003 17 Article 3.CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract, 21 3.2 Final Acceptance. rpo 22 The Work will be complete for Final Acceptance within 150 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. M0 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions, The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 34 is not completed on time_ Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 4 S Acceptance. rM RECOVED lilt w�Ir CITY OF FORT WORTH BRIDGE.REHABILITATION[2415-25) STANDARD]CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised August 17,2012 00 52 43-2 AgreemenL Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance oft]ie Work in accordance with the Contract 37 Documents an amount in current funds of SIX HUNDRED THIRTY ONE THOUSAND SIX 38 HUNDRED THIRTY DOLLARS AND FIFTY ONE CENTS($631,630.51). 39 Article 5.CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Werk consist of the following: .r 43 l. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form ! 46 1) Proposal Form � 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents(project speck) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 1' 63 6_ Drawings. �r 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CITY OF FORT WORTII BRIDGE REHABILITATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO 1-539590-020200-1 Revised August I7,2412 00 52 43•3 Agreement .. Page 3 of 4 74 Article 6. MEMNUICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of,or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification jarovision is specifically intended to operate 80 and be effective even if it is all ed or proven that all or some of the lama es bein 81 sou ht were caused in whole or in part, by any act omission or neli ence of the ci 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs,expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees, from and against any and all loss,damage 88 or destruction of property of the city,arising out of,or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is abed or 92 proven that all or some of the damnees beim- souebt were caused, in whole or in part, 93 by any act,omission or nep-lieence of the city. 94 95 Article 7,MISCELLANEOUS �. 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article I of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the lot Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. H]1 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of .. 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH BR DGE REHABILITATION{201525} STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539+90-0202003 r� Revised August 17,2012 005243-4 Agreement Page 4 of 4 115 7.6 Cather Provisions, 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. PIP 1..19 7.7 Authority ty to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly w. 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple " 124 counterparts. 125 12.6 This Agreement is effective as of the last date signed by the Parties("Effective Date"), �. 127 Contractor: City of Fort Worth - Fernando Costa )d [ Assistant City Manager (Signature) .7 Date Attest: r (Printed Name) City See tart' (Seal) Title: c01 Address; Sr�S 5 Leo o a Date: City/State/Zip: �7��..lrw. ,}oS Ap roved as to 'Form and Legality: r ( 9g61 ` Date Douglas . Black Assistant City Attorney 128 129 130 Aro�At RECdMMENDED: 131 132 133 �•✓ 134 Dougla . Wiersig P.E. 135 DIRECTOR, 136 Transportation and Public Warks 137 OFFICIAL RECORD CM SECRETARY CITY OF FORT WORTH FTS Rei TX BRIDGE REHAB1LUATION(2015-25) STANDAKI)CONSTRUCTION SPPCIFICATTON DOCUME (5001-]39590-0202003 w Revised August 17,2012 Bond No. PB03228301188 0051 A-1 PERFORMANCE BOND PW ! SECTION 00 61 13 2 PERFORMANCE BOND 3 a THE STATE OF TF-XA,S § 5 § ITNOW ALL BY THESE PRESENTS- 6 COUNTY OF TA.RR.ANT § 7 That we, NORTH ROCK CONSTRUCTION LLC,known as"Principal"herein and g Philadelphia Indemnity Insurance ic��Wsurety(sureties, ifmore than 9 one)duly authorized to do business in the State of Texas, known as"Surety"herein(whether one 10 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created I 1 pursuant to the laws of Texas,known as"City„herein,in the penal sum of, SIC Hl1NDR_ED 12 TEORTY ONE THOUSAND SIX HUNDRED THIRTY DOLLARS AND FIFTY ONE 13 CENTS($431-630.51), lawful money of the United States,to be paid in Fort Worth, Tarrant 14 County, Texas for the payment of which sen well and truly to be.made,we bind ourselves,our 15 heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these 16 presents_ 17 WHEREAS,the Principal has entered into a certain written contract with the City )a awarded the 2 day of JUNE,2015., which Contract is hereby referred to and made a part hereof 19 for all purposes as if fully set forth herein,to famish all materials, equipment labor and other 24 accessories defined by law,in the prosecution of the Work,including any Change Orders,as 21 provided for in said Contract designated as BRIDGE REPAIR AND REHA LITA'l'ION AT 22 SEVEN LOCATIONS(2415.-25),GGOI-539596-0242403 23 NOW,THEREFORE,the condition of Ns obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders,under the Contract,according to the plans, 26 specifications, and covtmct 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 sbal] be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 34 Tarrant County,'Texas or the United States District Court for the Northern.District of Texas,Fort 31 Worth Division, CITY OF FORT WORTH BRIDGE RERABILJTATION(2015-25) STANDAPD CON81RU(7110NSPECIFICATION DOCUMENT'S (:GOS-539590-0202003 Revisal July 1,2011 j 0061 13-2 PERFORMANCE BOND Page 2 of 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 WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 2 5th day of 6 June ,20 15 7 PRINCIPAL; g forth Rock Construction LLC 9 _ 10 11 ®Y: 12 ttu e 13 ATTE 14 15 ►.v. �1n�. iLSt 16 c'*)Secretary _ Name and Title t7 18 Address: 525 5o . Loop 288, Suite 105 19 Denton, Texas 20 75205 21 22 Witness to Nrirrcipal �y� nic +�]LLJ . ,! 23 SURETY: 24 Ph il.adelphia indemnity Insurance Company 25 27 Y + 28 29 30 L--Brady Cox, At oi:: _y-gin-Fact 31 N d Title 32 33 Address; One gala Pl �a, Suite 1010 34 - Bala C nw d PA 35 19004-1403 36 37 Witness as to Surety Candice A e ri Telephone Number: 510-517-7 9 0 0 38 39 40 41 "Note. If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address,both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH 13RDGE REHABILITATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMFNTS GOO I-539590-0202003 Revised.lufy 1.2011 OFFICIAL RECORD Cir SECRETARY FT.WORTH,TX Bond No . PB03228301188 0061 14-1 PAYMFhrr BOND Page 1 of t = i SECTION 00 61 14 PAYMENTBOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, NORTH ROCK CONSTRUCTION LLC, known as "Principal' herein, and 8 Philadelphia Indemnity Insurance Company , a corporate surety 9 (sureties), duty authorized to do business in the State of Texas, known as "Surety" herein I4 (whether one or more), are held and firmly hound unto the City of Fort Worth, a [municipal I 1 corporation created pursuant to the laws of the State of Texas, known as "City„ Herein, in the 12 penal sum of SIC HUNDRED THIRTY ONE THOUSAND SIX $LTNDRLD rmTY 13 DOLLARS AND F FgfY ONE CENTS($631,630.51), lawful money of the United States,to be 14 paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, 15 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 15 severally, fiurtly by these presents: 17 'WHEREAS, Principal}las entered into a certain written Contract with City,awarded the 18 2 day of .TUNE, 2015, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipmerit, labor and other • 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as BRLDGE REPAIR AND REHA.13ILT-FATION AT SEVEN LOCAT ONS (2015- 22 25), 0GO1-539594-0202403. 23 NOW, THEREFORE, THE CONI)MON OF THUS [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, thea this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. • 28 This bored is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Govemment Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statue. 31 CITY OF FORT'WORTH BRU)GE Til-HAn LITATTON[2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0242003 Revised July 1,2011 0061 14-2 PAYMENT SOMI PaV 2 of 2 I IN WI'T'NESS W11ERF,QF,the Principal and Surety have each SIGNED and SEALED A 2 this instrument by duly authorized agents and officers on this the 26th day of 3 :.Tune 20 15 4 PRINCIPAL: North Rock Construction LLC ATTEST: BY: Si re -7' P clp )Secretary Name and Title Address. 525 So. Loop 288, Suite 105 Denton, 'Texas 76205 WitnessAs to Principal 6 ,,.' LtJI(J'A VM Philadelphia Indemnity insurance Company pe ATTEST: B C Si .. Brady Cox, A rney—gin—Fact (Surety)Secretary -Leslie Garcia Name and Title .. Address; One Bala P za, Suite 100 Bala Cynwyf, PA 19004-1403 Witness as to Surety Candice Allen 1E' Telephone Number: 610—6 7_7900 -7900 5 b Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such, obligation. If Surety's- physical 8 address is different from its mailing address,both must be provided. 9 14 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 �r CITY OF FORT WOR4 BRMG7E REtiABU UAMON(2015-25) STANDARD CONSTRUCTION SPFCMCATTON D0C1JI fDM 0001-539590-0202003 Revised July 1.2011 OFFICIAL RECORD on CITY SECRETARY FT"WORTH,TX Bond No . PBO32283011.86 0061 19-1 MAM-E MANCE BOND paw r af3 1 SECITON 00 61 1.9 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL 13Y THESE PRESENTS: 6 COUNTY OF TARRA.Z'+r 7 8 That we NORTH ROCK CONSTRUCTION LLC,known as"Principal"herein and 9 Phiiadeiphia Indernnity Insurance (--oro-)G a corpoarate surety(sureties, if more than 14 one)duly authorized to do business in the State of Texas,known as"Surety"herein:(whether one 11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City'herein, in the sum of SIX. 13 HUNDRED'THIRTY ONE THOUSAND SIX HUNDRED TffiRTY DOLLARS AND 14 FIFTY QNE CENT'S($91,634.51),lawful money of the United States,to be paid in Fart 15 Worth,Tarrant County, Texas, for payment of which sum well and truly he made unto the City 16 and its successors,we bind ourselves,our:heirs,executers,administrators,successors and assigns, 17 jointly and severally,firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 2 day of JUNE—2015 which Contract is hereby referred to and a made part hereof for all t 21 purposes as if fully set forth herein, to furnish all tuaterisls,equipment labor and other accessories 22 as defined by law,in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 24 designated as BRIDGE REPAIR AND RF.HARILITAFT'ON AT SEVEN LOCATIONS(2015- 25 25),GGQi-539590-0202043;and 26 27 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and wi11 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 31 32 WHEREAS,Principal hinds itself to repair or reconstruct the Work in whole or in,part 33 upors receiving notice from the City of the creed therefor at any time within the Maintenance 34 Period. CITY Or,FORT WORTH RRIDGE REI-1A13UTATION(2013-25} STANDARD CONSTRUCTION SPECi1='fCA"1710N DOLTIMEENTS GG71-539591}-02{12003 Revised July 1,2012 D061 19-Z 3 MAINTENAn'CE BUND Page 2 t>f 3 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any defective Work, for which timely notice was provided by City,to a completion A satisfactory to the City,thea this obUgation shall become null and void, otherwise to remain in 5 full force and effw. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with/all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and - 11 12 PROVIDED FURTHER, that if any legal action be filed on this Bond,venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division; and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recove ies may be had hereon for successive breaches. IS 19 20 CITY OF FORT WORTH BRfDGE REHABILITATION(2015-25) STANDARD CONS'1 RUC`i'1oN SPECIFICATION DOCUMEWM GG03-539590-62402663 Revised My 1.2611 0061 19-3 MANT"PNANCE BOND Page 3 of 3 1 W W['I NESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this w 2 instrument by duly authorized agents and officers on this the 2 5 t h day of 3 June 2015 . 4 5 �T �r act Construction LLC 7 8 9 BY: dQ 10 Kgnature 11 A12 r [ 13 0/fL,__ - 14cip S cretary r.cr r✓ Name and Title 15 16 Address: 525 So. Loop 288, Suite 105 17 Denton, Texas 18 '76205 19 220 Witness as Ty 22 R�adLlphia Indemnity Insurance Company 23 24 ow 25 B . 26 S" 27 28 1^ady Cox, At o ney—in—Fact 29 ATTEST: N ide 30 31 Address: (ane Bala p/aza, Suite 144 32 (Surety)Secretary L e s 1 i e G a r c i a �— Y n W 3319UUq_iqUP 34 5L 0 01 az 35 Witness as to Surety Candice A 1 e Telephone Number 14—61 —7 9 0 4 n 36 37 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign, such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 MY OF FORT WORTH E REHABUITAMN(2415-25) ., STANDARD CONSTRUCTION SPECIFICATION WCUMMM GG&1-53959&.0202003 Reviscd July 1,2011 OFFICIAL RECORD CM SECRETARY IMPORTANT NOTICE ADVISO 1MPORTANTE To obtain information or make a complaint You may Para obener informacion o para someter una queja call the Surety's toll free telephone number for Usted puede Ilamar al numero de telefono grans de information or to make a complaint atpara informacion o para someter una queia al 1-877-438-7459 1-877-438-7459 You may also write Philadelphia Indemnity Insurance Usted tanbien puede escribir a Philadelphia Company at Indemnity insurance Company: One Bala Plaza, Suite 100 One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Attention: Senior Vice President and Director of Surety Director of Surety You may contact the Texas Department of Insurance Puede comunicarse can el Departamento de to Obtain information on companies, coverage, rights Seguras de Texas para obtener informacion acerca or cornplatnts at de compantas coberturas, derechos ra quejas al 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas at' P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9iO4 Austin, TX 78714-9104 Fax#512-475-1771 Fax#512-475-1771 Web: htt :11www.tdi.state.tx.us Web: htto:/1vlww.tdi.state.tx,u--_ Email. ConsumerProtection(&tdi state,tY.ur, Email: ConsumerProtecioan(,:ftdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have DISPUTAS SOBRE PRIMAS O RECLAMOS Si a dispute concerning your premium or about a claim, tiene una disputa concerniente a su prima o a un you should contact the Surety first. If the dispute :s reciamo. debe comunicarse con ei Surety primero Si not resolved you may contact the Texas Department no se resu+elve la disputa, puede entonces of Insurance comunicarrse con el departamento (TDI). ATTACH THIS NOTICE TO YOUR BOND This UNA ESTE AVISO A SU FIANZA DE GARANTIA nonce is for information only and does not become a Este aviso es solo para proposito de informacion y part or condition of the attached document. no se convierte en parte o condicion del documento adjunto 8796 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19404 Power or Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSMNC1;COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint:William D,Baldwin,Blaine Alien,Brent Baldwin,Brock Baldwin,Michael B.Hill Monica am o BraK.C uss Frenzel f Baldwin-Cox Aizency LLC Its true and lawful Attomey(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to blind the Company thereby,in an amount not to exceed S25,M.000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY iNSURANCE COMPANY at a meeting duly called the V day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company toy (I) Appoint Attorney(s) in Fact and authorize the Atlgmey(s) in Fact to ♦ execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED; That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be 00 valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7T"DAY OF FE13RUARY 20:3. tib ,aturt- 1027 W {sear} �"�«�` Robert D.O'Leary Jr..President&CEO Philadelphia Indemnity Insurance Company On this 7'day of February 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn sand that PF he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE.COMPANV;that the seal affixed to said instrumem is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. OF WAMA HOTIIiIiAI.$EAI. Dk%ELLE PDNATH,Nvlery rPtrt�ituckIll r�y Notary Public: 4/1-k it— residing at. Bala Cvnwvd,PA (Notary Seal) My commission expires: March 22,2016 I,Craig P Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect.1 do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, in Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 26th day of Juni 20 15 Craig P.Keller,Executive Vice President,Chief Financial Officer 6'c Secretary r1h PHILADELPHIA INDEMNITY INSURANCE COMPANY ( OFFICIAL RECORD CITY 3EC'RETARY FT, WORTH,TX CERTIFICATE OF LIABILITY INSURANCE 6/26/20e15 THIS CERTIFICATE 1S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR 'NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONANTACT Che 1 ers ME: Rog K 6 S Tnsurance Agency PHONE(AIC N,irdi- {972)771-4071 FALX. NO:19721771-4fi95 2255 Ridge Road, Ste. 333 E-MAIADDRIZ :crogers@kandsins.com P. 0. Box 277 INSURER(S)AFFORDING COVERAGE NAIC N Rockwall TX 75087 tNSURERA.The Cincinnati Insurance Co. 110677 INSURED INSURERB:Service Lloyds Insurance Co 43389 North Rack Construction, LLC INSURER C.- 525 S. Loop 288 INSURER D: Suite 105 1 INSURERE: _ Denton TX 76205 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ' INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS IN5R TYPE DF INSURANCE ADPL Ri PCLICY EFF POLICY EXP LIMITS LTR POUCYNUMBER M M D GENERAL LIABILITY FACH OCCURRENCE s 1,000,000 DAMA X COMMERCIAL GENERAL LIABILITY _PREMISES fEa accumemcl s 100,000 A CLAIMS-MADE X�OCCUR E PP0184103 /11/2015 /11/2016 MED EXP(Any one person) S -10,000 PERSONAL&ADV INJURY S 1,000,000 nA233 2/07 - At S WOS GENERAL AGGREGATE 5 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 2,000 POLICY X PRO- 1 LOC S AUTOMOBILE LIABILITY COMBINED SINGLE UMIT (Eaaccidelill 5 1 000 {100 Ix ANY AUTO BODILY INJURY(Per person) 5 AALLOWNED SCHEDULED 110184103 3111/2015 /11/2016 BODILYINJURY(Peracadera) 5 AUTOS AUTOS HIRED AUTOS N NON-OWNED 4172 9/ 09 - wos PRROPERTV IIAMAGE c I 3414171 11/05 - Al PIP-Basic s 2,500 X UMBRELLA LIAROCCUR EACH OCCURRENCE > 2,000,000 A EXCESS LIAR HCLAIMS-MADE ,AGGREGATE _5 2,000,000 DEO I X I RETENTIONS EPP0184103 i3I11/2015 /11/2016 s g WORKERS COMPENSATION X &STATU- OTH- AND EMPLOYERS'LIABILITY YIN -- ANY PROPRIEroRrPARTNEFJEY.EcLrrIVEEL EACH ACCIDENT S 1,000,000 OP'FICEWMEMBE]ER EXCLUDED? NIA RZG27562-�15 /11/2015 3/11/2016 (Mandatory In NH) E.I.DISEASE-EA EMPLOYE 5 1,000,000 e under DySCRIPTIONOFO C420304B 6/14 - WOS 1 DESCAIPTIONfSFOPERATIDNStxaow EL.DISEASE-POLICVLIMIT S 1,000,000 A Leased/Rented Equipment �PPO184103 /11/2015 .3/11/2016 5400,000wJSI000Ded,,,%be Installation Floater PP0184103 /11/2015 3/11/2016 S2,50D.000walOMDmucUble DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,It more space I$retiuiredl Project: Bridge Repair and rehabilitation at seven (7) locations (2015-25) , GGO1-539590-0202003 See above listing of additional insured and waiver of subrogation endorsement forms. CERTIFICATE HOLDER CANCELLATION - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE _ ,,�r++. p p� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ©f Fort Worth OFF 41A� L RECOR ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St. � �CiRETaR Fort Worth, TX 76102 THORIIEDREPRESENTA TIVE !"T. WORTH f TX y Thompson/CHERYL ez-- ACORD 25(2010105) 0 1988-2010 ACORD CORPORATION, All rights reserved. INS025 4.2pir)5i n: T h n a r`.r)Pn mama anH Innn aro rnniatorprl marlrc of Ar'non ACQRE> CERTIFICATE OF LIABILITY INSURANCEDATEIMMIDONrYI 6/26/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,ANIS THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is ars ADDITIONAL INSURED, the policy(ies)must he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsement(s). PRODUCER CONTACT Cheryl Rogers NAI FF' r3r g A & S Insurance ance Agency PHONE (9721771-X1071. FAXW@ No (9721171-4695 2255 Ridge Road, Ste. 333 R�RAI� ,czagers@)Gandgins.COLO P. 0. Sox 277 INSURER(S) AFFORDING COVERAGE MAIC 0 .s Rockwall TX 75087 INSURERA.The Cincinnati Insurance Co. 10677 INSURED INSURERB:Service Lloyds Insurance Co 43389 North Rock Construction, LLC INSURER C; 525 S. Loop 288 INSURER D: Suite 105 INSURERS: Denton TX 76205 IWSURERF. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I S TYPE OF INSURANCE POLICY EFF POLICY EXP LTR POLICY NUMBER fAMlDD MMrt1D LIMITS GENERAL LIABILITY EACHOGCURRFNCE $ 1,000,400 X COMMERCIAL GENERAL LIABILITY PREM15E5 Ea N":"nae S 100,000 A CLAIMS-MADE F OCCUR EPP0184103 /11/2015 t /11/2016 MED EXP(An onepemany t 10,000 PERSONAL r}ADV INJURY s 1,000,000 GA233 2/07 - Az r Was GENERAL AGGREGATE S 2,000,000 G€N'L AGGREGATE LIMIT APPLIES PER. PRODUCTS-COMPIOP AGG ; 2,000,000 POLICY x JErT PRO- LOC S AUTOMOBILE LWBILrY Ea aacddent)TB-INDGL >r 11000,000 A X ANY AUTOBODILY INJURY(Per pow) S I� AU OWNED SCHEDULED PA0184103 /11/2015 /11/2016 BODILY INJURY(Per eWdenq S r x HIRED AUTOSAUTOS AVFOS N�SWNED "4172 9/09 - Was (1p1OPE11I WAGE S 4171 11/05 - Al PIP-B"IC 2,500: X UMBRELLA LIAROCCUR EACH OCCURRENCE $ 2,000,000 r 1EXCESs LIAM H CLAIMS-MADE AGGREGATE s 2,000,000 DED I X I RETENTION 10.000 /11/2015 0/11/2016 1 S B WORKERS COMPENSATION XVic STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOFIIPARTNERIEXECVTIVE Y 1 N E.L.EACH ACCIDENT $ 1 000 000 OFFICERIAIEMBER EXCLUDED? O NIA RSG27562-15 /11/2015 /11/2016 IMarl"tary In NH) E.L.DISEASE-EA EMPLOM S_ 1 000 000 I Ily"desabetinder 420304B 5/14 - WOS DESCRIPTION OF OPERATIONS 6dow E.L,DISEASE-POLICY LIMITS 1,000,000 A Lsasad/Ranted Equipment PFO184133 /11/2015 /11/2415 S4 00.DOG vg4 1000 DedumpI* R Installation Floater PP0184103 /11/2015 /11/2016 $2.500,000wISIGoo Deduabe DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES{Attach ACORD 101,AddMantil R+knarks Schedult,It more gpaee Is required} See above listing of additional insured and waiver of subrogation endorsement. forms. CERTIFICATE HOLDER CANCFLLATiON SHOULD ANY OF THE ABOVE DESCRIBED POLIC;E5 BE CANCELLED BEFORE THE EXPIRATION LATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort WorthACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St. Fort Worth, TX 7 6102 A}ITHOR12E0 REPRESENFATIVE Gary Thoaspsan/CEERYL ACORD 25(2010105) 1988-2010 ACORD CORPORATION. All rights reserved. INSW4 r;nlnns+nl Tk®ar-n0n .a Arnun EPPOIS4103 THIS ENDORSEMENT CHANGES THE. POLICY. PLEASE REAL? IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents- Coverage: ontents-Covera e: 52gins on Page: 1. Employee Benefit Liability Coverage ............................................................................ ... 2 2. Unintentional Failure to Disciose. Hazards..........................................................................................7 3. Damage to Premises Rented to You.,............................................. .......................................... ........8 4. Supplementary Payments ............................................................................................................__...9 5. Medical Payments................ .......................................... .................... ...............................................9 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liabiiity Coverage (Coverage b.)..................................... ...................................... 9 7. 180 Clay Coverage for Newly Formed or Acquired Organizations ..................................................1+0 8. Waiver of Subrogation .......................................................................................................................10 ,. 9. Automatic Additional Insured -Specified Relationships; .................................................. .........10 • Managers or Lessors of Premises, • Lessor of Leased Equipment, • Vendors- s r State or Political Subdivisions- Permits Relating to Premises; + State or Political Subdivisions -Permits;and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property_........................................14 11. Property Damage to Borrowed Equipment..................... ....14 12. Employees as Insureds-Specified Health Care Services: ._..........................................................14 Nurses; • Emergency Medical Technicians;and ■ Paramedics 13. Broadened Notice of Occurrence...................................................................................................... 14 s B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment,except as provided below: 1. Empioyee Benefit Liability Coverage Each Empioyee Limit: $ 1,000,000 Aggregate Limit: $ 3,0001,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the. Declarations,or ,. b. $500,000 unless otherwise stated$ 4. Supplementary Payments a, Bail bonds' $ 1,000 b, Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Goverage (Coverage b.) .. Limits of insurance (E=ach Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS PRATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,00tt} $5,000) (c) Gross Sales (d) Units (e)_ Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 ,. Deductible: $ 250 C. Coverages: have used up the ap- plicable 1. Employee Benefit Liability Coverage anen limit y int of Y 9 Once in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabii- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as darn- ments. ages caused by any act,er- (b) This insurance applies to + ror or omission of the in- damages only if the act, er- sured, or of any other per- gli- son for whose acts the in- gently or omission, is nently committed in the sured is legally liable, to ge which this insurance ap- ""administration" of your �* plies. We will have the right employee benefit pro- and duty to defend the in- sured gram";and against any "suit" 1) Occurs during the pol- seeking those damages. icy period;or however, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided; ., not apply. We may, at our a) You did not have discretion, investigate any knowledge of a report of an act, error or omission and settle any claim or "suit" on claim or "suit"' that may re- or before the ef- sult, aut: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE,and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 2 of 15 a, i) Reports all, or formance of investment any part, of the vehicles;or act, error or given Advice to an omission to us } 9� Y or any other person with respect to insurer; that person's decision to participate or not to ii} Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law This insurance does not apply or any similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of "Bodilyinjury", "property liability imposed on a fiduci- 1 p P Y ary by the Employee Re- damage" or personal and tirement Income Security advertising injury". Act of 1974, as now or (b) dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the wiliful or rack- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract Other collectible insurance. Damagos arising out of fail- (i) Taxes,Pines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer, including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to r meet any obligations under (j} Employment-Related any pian included in the Practices "employee benefit pro- Any liability arising out of g ram". i any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of investment 1 Ad- vice Given With Respect (2) Termination of em- to Participation pioyment; Any claim based upon; (3) Coercion, demotion, 1 Failure of an invest- evaluation, reassign- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on Mast per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 PO ment-related practices, (e) A trust, you are an insured, acts or omissions;or Your trustees are also in- sureds, but only with re- (q) Consequential liability spect to their duties as as a result of (1), (2) or trustees. (3)above. This exclusion applies (2) Each of the following is also an whether the insured may be insured: held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to snare administer your "employee damages with or repay benefit program". someone else who must pay damages because of 4b) Any persons, organizations the injury. or employees" having proper temporary A, (3) Supplementary Payments o zatian to administer your r SECTION i - COVERAGES, if benefit program" if you die, but only until your SUPPLEMENTARY PAY- legal representative is ap- MENTS - COVERAGES A AND pointed B also apply to this Coverage. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have allyour rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated it) the Declarations as: (3) Any organization you newly ac- quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other ,., owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint ven- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the and of the policy period, your business. whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or Formed the or- conduct of your business. ganization, Your managers are in- sureds, but only with re- spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, (4) The Limits of Insurance shown You are an insured. Your in Section B. Limits of insur- executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties asyour officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 'Services Office, Inc.,with its permission. Page 4 of 15 ., (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations c Persons or organizations applies to all damages } g sustained by any one "em- making claims or bringing ployee", including such "suits"; "employee's" dependents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram"_ (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured damages because of acts, er- against any suits" rors or omissionsnegligently seeking those dam- committed in the "administra- ages;and tion" of your "employee benefit 2) Your duties, and the program duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission,or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. Flo will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: ciaim or "suit" and, upon notification of the action (a) An act,error or omission;or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts,errors or omissions, committed in the As respects Employee Benefit Li- negligently ability Coverage, SECTION IV - "administration" of your "ern- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the fallowing: in any plan included in the "em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit a Our obligation to a dam- a. You must see to it that we are noti- ( ) 9 pay fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- fico should include-. cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 01 15 b. If a claim is made or"suit" is brought b. Method of Sharing against any insured,you must; If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received;and we will follow this 2 Notify us as soon as practicable. method also. Under � ) Y P this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit" as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first, (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or`sulf'" contribute by limits_ 2 Authorize us to obtain records Under this method, _ ) each insurer's share is and other information, based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- surance to the total ap- gation or settlement of the claim piicable limits of insur- e or defense against the "suit and ance of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of ,! sured's own cost, voluntarily make a this Coverage Part, payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent, As respects Employee Benefit Li- ability 2 Item 5, Other Insurance is de- Coverage, SECTION V - � ) DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are r, 5. Cather Insurance added: If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or Primary scope of "employee This insurance is pri- benefit programs'; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance Is primary, grams"; our obligations are not affected unless any of c. Dandling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams";or other insurance by the method described in b. d_ Effecting continuing or - below. terminating any `em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15 r. ,■ in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits;and However, "administration" d. Vacation ,plans, includ- does not include: ing buy and sell pro- grams; leave of ab- a. Hanductions payroll de- sence programs, in- ductions;or ciuding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage cf insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' com- placed by the following: rensation and disability pp enefits. 21. "Suit" means a civil pro- ceeding in which money 2. "Cafeteria plans" means damages because of an ppIan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees" to elect to pay for cer- are alleged_ "Suit"includes° taro benefits with pre-tax dollars. a. An arbitration pro- ceeding in which such 3. "Employee benefit pro- damages are claimed grams" means a program and to which the in- providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative f~ s. Group life insurance; dispute resolution pro- ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- ., tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts, provided that no one c. An appeal of a civil r. other than an "em- proceeding. ployee" may subscribe to such benefits and S. "Employee" means a per- such benefits are made son actively ernployed, for- generally available to mercy employed, on leave those "emp+oyees"who of absence or disabled, or satisfy tics plan's eligi- retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not 'in- b. Profit sharing plans, clude a"temporary worker", employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, per}- ards sion plans and stock SECTION IV- COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- other than an "em- tion of the following: - ployee" may subscribe to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure, ance, soc al security Includes copyrighted material of Insurance GA 233 02 07 Services Office,lnc.,with its permission, Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, shrinking or ex- a. The fast Subparagraph of Paragraph pansion,or 2. SECTION I - COVERAGES. COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or secretions, by in- Exclusions c.through q, do not apply sects, birds, ro- to damage by fire, explosion, light- dents or other ntng, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing: TION I -COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of ment; ,. water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer,drain or sump; w gal Liability, as provided in Paragraph 3.b,above: 3) Water under the ground surface press- The exclusions under SECTION ing on, or flowing or I - COVERAGES, COVERAGE seeping through- A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations-, ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces, .. Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not;or .. to: c) Doors,windows or (a) "Property damage"_ other openings. 1) Assumed in any con- (c) Loss caused by or resulting . tract;or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of theprotecti❑n systems caused following: by or resulting from freez- a) Wear and tear; ing,unless- b) Rust, corrosion, 1) You did your best to fungus, deco maintain 'heat in the g y, building or structure;or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: C) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances;or by centrifugal force; 2) The interior of any but1d'Ing or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission Paste 8 of 15 ,� caused by or resulting 5, Medical Payments o from rain, snow, sleet or ice, whether driven The Medical Expense Limit of Any One by wind or not. Person as stated in the Declarations is amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, S. Medical Pay- The Damage to Premises Flented to meets of this endorsernent. You Limit as shown in the Declara- 6. Voluntary Property damage and Care, rs tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Properly Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for"property damage" to property of others arising out of op- 6. Subject to 5, above, the erations incidental to the insured'; Damage to Premises business when: Dented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured;or INJURY AND PROPERTY DAMAGE LIABILITY, for {2} Damage occurs while in the in- damages 'because of sured's possession. "property damage" to With your consent, we will make premises while rented to these payments regardless of fault, you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION I - COVERAGES, COV- which this insurance ap- ERAGE A. BODILY INJURY AND plies. PROPERTY DAMAGE LIABILITY,2, {3} The amount we will pay is lim- Exciusions,i. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. .. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply; PLEMENTARY PAYMENTS t COVER- AGES A AND B: a, The Limits of Insurance shown in the " Declarations are replaced by the lim- a. Paragraph 2. is replaced by the fol- its designated in Section B.Limits of towing: Insurance, 6. Voluntary Property Up to the limit shown in Section B. Damage and Care, Custody or Limits of Insurance,4.e. Bail Bonds Control Liability Coverage of this of this endorsement for cost of bail endorsement with respect to cover- bonds required because of accidents age provided by this endorsement. 4 or traffic law violations arising out of These limits are inclusive of and not the use of any vehicle to which the in addition to the limits being re- Bodily Injury Liability Coverage ap- placed. The Limits of Insurance plies. We do not have to furnish shown in Section B. Limits of Insur- these bonds. ance, 6. Voluntary Property Dam- age and Care, Custody or Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist us in the investigation or defense of (1) Insureds; the claire or "suit", including actual loss of earnings up to the limit shown {2) Claims made or "sults" brought; or in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- (3) Parsons or organizations mak- dorsementper day because of time ing claims or bringing "suits,,, off from work, Includes Copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 9 of 15 " b. Deductible Clause 9. Automatic Additional Insured - Speci- (1) Our obligation to pay damages fied Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION II-WHO IS AN INSURED: 1.occurrence°' which are in ex- cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragra h 9.a.(2) Insurance, 6. Voluntary Prop- below (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- ., Nmits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount. agreement;or (2) Condition 2. Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of or Suit, applies to each claim or insurance showing that per- "suit" irrespective of the amount, son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured,provided' and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is. deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations riod;and SECTION Il - WHO IS AN INSURED is 2) Executed prior to an amended as follows: .'occurrence"or offense Subparagraph a. of Paragraph 4. is to which this insurance hereby deleted and replaced by the fol- would apply;and lowing: (b) They are not specifically a. Insurance under this provision is af- named as an additional in- farcted only until the 180th day after sured under any other pro- you acquire or form the organization vision of, or endorsement + or the end of the policy period, added to, this Coverage whichever is earlier; Pad' S. Waiver of Subrogation (2) Only the following persons or organizations are additional in- SECTION IV- COMMERCIAL GENERAL sureds under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided ^ the following. herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or"your work" dome un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- and included in the "products-completed ing out of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence"giving rise to the injury or damage you, subject to the following for which we make payment under this additional exclusions: Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. apply to:. At our request,the insured will bring "suit" or transfer those rights to us and help us 1) Any occurrence" enforce those rights, which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises, chemical change 2) Structural alterations, in the made intenti oonaally plly new construction or demolition operations by the vendor; PPerformed by or on be- d) Repackaging, un- IJalf of such additional less unpacked insured. solely for the pur- pose of inspection, (b) Any person or organization demonstration, frorn which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in- 9.a.(1) above to provide in- structions from the surance. Such person(s) or manufacturer, and organization(s) are insureds then repackaged solely with respect to their in the original liability arising out of the container-, maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organ izations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- takes to make in (c) Any person or organization the usuai course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph the distribution or 9.a.{1) above to provide in- sale of the prod- .. surance, but only with re- acts: spect to "bodily injury" or "property damage" arising f) Demonstration, in- out of"your products"which stallation, servic- ,� are distributed or sold in the ing or repair op- regular course of the ven- erations, except dors business, subject to such operations the following additional ex- performed at the clusions; vendor's premises 1 The insurance afforded in connection with � the sale of the the vendor does not product,- apply to �+ g) Products which, a) "Bodily injury" or after distribution or ".property damage" sale by you, have for which the ven- been labeled or „ dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of liabil- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any In- vendor would sured person or or- have in the ab- ganizatiow sence ofthe con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Inciudes copyrighted material of insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 .r companying or 2) This insurance does containing such not apply to "bodily in- products;or ju(y" "property dam- b) When liability in- age" or "personal and cluded within the advertising injury" aris- "products- ing out of operations hazard" has performed for the state tions h completed apes- or political subdivision. been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) spect to such above to provide insurance, products, but only with respect to li- d) Any state or political subdi- ability arising out of "your vision with whichou have work" performed for that Y additional insured by you or agreed per Paragraph on your behalf. A person or 9.a.(1) above to provide in- organization's status as an surance, subject to the fol- insured under this provision lowing additional provision; of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreeme-rt, but or political subdivision has in no event beyond the ex- issued a permit in connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree- this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cavo- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2), banners, or decora- (a) Subparagraphs (e) and (f) w tions and similar expo- does not apply to "bodily sures; or injury"or"property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- haze mpleted operations vators;or 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by bodily injury", property this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.('I) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to bodily injury", erations performed byf "property damage' or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has issued a permit. 1) Defects in design fur- nished by or on behalf Includes copyrighted matenai of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 of the additional in- spools any other insurance cured;or policy issued to the addi- ional insured, and such t 2J The rendering of, or other insurance policy shall failure professional render, any be excess and 1 or noncon- turafngiarchiteor tributing, whichever applies, lural, engineering or surveying services, in- with this insurance. cluding: (b) Any insurance provided by a) The preparing, this endorsement shall be primary to other insurance approving or fail- available to the additional ing to prepare or insured except. approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION iV - surveys, field or- COMMERCIAL GEN- dem, change or- ERAL LIABILITY ders or drawings CONDITIONS,S. Other and specifications; Insurance, b. Excess and Insurance,or b) Supervisory, in- 2) For any other valid and spection, arch i- collectible insurance tectural or engi- available to the addi- neering activities, tional insured as an 3) "Your work" for which a additional insured by attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess prirnecontractor-project basis, in such case, manager or owner of the coverage provided the construction project under this endorse- in which you are in- ment shall also be ex- volved. cess. b. Only with regard to insurance pro- (2) Condition 11. Conformance to vided to an additional insured desig- Specific Written Contract or nated under paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION IiI - LIMITS OF INSURANCE is amended 11. Conformance to Specific to include: Written Contract or PIP The limits applicable to the additional Agreement insured are those specified in the With respect to additional written contract or agreement or in insureds described in Para- the Declarations of this Coverage graph 9.a.(2)(f) above only: Part,whichever are less. If no limits are specified in the written contract If a written contract or or agreement, or i1 there is no written agreement between you contract or agreement, the limits ap- and the additional insured '® plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured; this Coverage Part. The limits of in- a. Be provided by the In- surance are inclusive of and not in surance Services Of- addition to the limits of insurance fice additional insured shown In the Declarations, form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS is edition specified);or hereby amended as follows. b, Include coverage for (1) Condition 5. Other Insurance is completed operations; amended to include: or (a) Where required by a written c. Include coverage for contract or agreement, this your work"; insurance is primary and 1 and where the limits or cov- or noncontributory as re- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc., with its permission. Page 13 of 15 tional insured is more re- 11, of this endorsement fix the strictive than was specifi- most we will pay in any one "oc- cally required in that written currence" regardless of the contract or agreement, the number of: terms of Paragraphs 9.a.(3)(a), 9-a-(30) or 9.b. (a) Insureds; above, or any combination (b) Claims made or "suits" thereof, shall be interpreted brought;or as providing the limits or coverage required by the (c) Persons or organizations terms of the written contract making claims or bring or agreement, but only to suits". the extent that such limits or coverage is included within (2) Deductible Clause the terms of the Coverage (a) Our obligation to pay dam- Part to which this endorse- ages on your behalf applies ment is attached. If, how- only to the amount of dam- ever, the written contract or ages for each "occurrence" agreement specifies the In- suranc+a Sr�rvices Officewhich are in excess of the additional insured form Deductible amount stated in Section 1 number CG 20 10 but does . of this Limits at endorse- not specify which edition, or once, 11. - specifres an edition that ment. The limits of insur- does not exist, Paragraphs ance will not be reduced by 9.a.(3)(a) and 9.a.(3)(b) of application . such De- du this endorsement shall not ctibie amount. apply and Paragraph 9.b.of (b) Condition 2. Duties in the this endorsement shall ap- Event of Occurrence. Of- ply. fense, Claim or Suit, ap- 10. Broadened Contractual Liability -Work plies to each claim or "suit'" Within 50"of Railroad Property irrespective of the amount. It is hereby agreed that Paragraph f,(1)of (c) We may pay any part or all Definition 12. "insured contract" (SEC- of the deductible amount to TITIN V- DEFINITIONS) is deleted. effect settlement of any claim or 'suit" and, upon V 11. Property Damage to Borrowed Equip- notification of the action ment taken, you shall promptly reimburse us for such part a. The following is hereby added to Ex- of the deductible amount as clu$ion j. Damage to Property of has been paid by us. Paragraph 2., Exclusions of SEC- TION EGTION I - COVERAGES, COVERAGE 12. Employees as Insureds - Specified A. BODILY INJURY AND PROP- Health Care Services ERTY DAMAGE LIABILITY: It is hereby agreed that Paragraph Paragraphs (3) and (4) of this exclu- 2.a.(10) of SECTION II - WHO IS AN sion do not apply to tools or equip- INSURED, does not apply to your "orn- ment loaned to you, provided they ployees" who provide professiona' health are not being used to perform opera- care services on your behalf as duly ti- tions at the time of loss. sensed. b. Wilh respect to the insurance pro- a. Nurses; vided by this section of the en- b. Emergency Medical Technicians,or dorsement, the following additional provisions apply: c. Paramedics, (1) The Limits of insurance shown in the jurisdiction where an "occurrence" r' in the Declarations are replaced or offense to which this insurance applies by the limits designated in Sec- takes place. tion S. Limits of Insurance. 11. of this endorsement with respect 13. Broadened Notice of Occurrence to coverage provided by this endorsement. These limits are Paragraph a. of Condition 2. Duties in inclusive of and not in addition to the Event of Occurrence, Offense, the limits being replaced, The Claim or Suit (SECTION IV - COMMER- Limits of Insurance shown in CIAL GENERAL LIABILITY CONDI- it Section S. Limits of Insurance, Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced (2) The names and addresses of by the following: any injured persons and wit- a. You must see to it that we are noti- tresses;and fied as soon as practicable of an (3) The nature and location of any "occurrence" or an offense which injury or damage arising out of may result in a claim. To the extent the "occurrence"or offense, possible, notice should include: This requirement applies only when (1) How, when and where the "oc- the "occurrence" or offense is known currence"or offense took place; to an "authorized representative". i 7� rt 7 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„with its permission. Page 15 of 15 THIS ENDORSEMENT CHANGES'`HE POLICY. PLEASE READ iT CAREFULLY. ve ADDITIONAL INSURED BY CONTRACT so This andorsornant madifies Insurance provided under the foliowine:. BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM po This endorsement changes the policy effective on Ilse inception date of the policy unless another date is indi- cated below. Endorsement Effaclive- Policy Numbe-: MARCH 11,2015 'ESA 032 41 03 Named inWradi s NORTH ROCK CONSTRUCTION LLC Gounlersigned bye GAuthoh7ad Rep resentalive) Willi respect to coverage prnvided by t-its endorsament, the provlslons of the Coverage Form apply unless modified uy the endorsement- ~ SECTION iI - LIABILITY COVERAGE, A. Cover- age, i. Who is an Insured is amended to include as ars insured any persots or organization wilh which you have agreed In a valid wfllten contract to provide insurance as Is afforded by this policy. This provision is limited to the scope of the va;ld written contract This provision does not apply unless the valid written coMttract has hean exacuted prior to Ilia "bodily Injury"or"property darnago". r AA 4171 11 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following= BUSINESS AUTO COVERAGE FORM This endorsemenI changes the policy affective on they inceplion date of the policy unless another date,Is Indi- cated below. Endarsement Effective; Policy Number: MARCH 11.2D15 EHA 018 41 03 Named Insured: - - NORTH ROCK cONSTRUCTIaN LLC Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. I. Blanket Waiver of Subrogation o1 payments we make for "bodily injury" or I V - BUSINESS AUTt? CONDI- "'Property damage"adlsing out of Iho operation SECTION TIONS,, N Lasa Co INlions, 5. Transfer of at acovered "auto" when you nava assumed Ilaljlllty for such "bodily injury" or "property Rights of Recovery Against others to Us is damage" under an "Insured contracl,", pro- amended by the addition of the foilowinrg: vided the "bodily Injury" or "property damage" We waive any right of recovery we may have occurs subsequent to tho execution of the"In- against any person or organization because sured contract' r 1W .a AA 4172 09 09 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B y (Ed,6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Nem 3.A.of the Informalion Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enlorce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This andomemenI shall not operate directly or indirectly to benelll anyone nol named in the Schedule. The premium for this endorsement,is shown in the Schedule. Schedule I { ] SpecItic Waiver Blame of person or organization: ( x) Blanket Waiver Any person or organizatlon for whom the Named Insured has agreed by written contract to furnish this waiver. 2. C7peralions: CONCRETE CONSTRUC'T'ION .r 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium Endorsement Effective: 3/11/15 Policy No. SRZ027562-15 End. No. 05 Insured: NORTH ROCK CONSTRUCTION LLC Insurance Company: Service. Lloyds Ins. Co. +* Countersigned by �Y 275$2 ZG05 �, 4)Cnpyrlght 2014 National Council on Compensation Insuranec,Inc.All Rights Re9erved, Form W"9 Request for Taxpayer Give Form to the (Flee.December Treasury Identification dumber and Certification requester. Do not of the Department e Tury send to the IRS. Internal Revenue Service Name(as shown on your income tax return) North Rack Construction LLC C14Bus[ness name/disregarded entity name,If different from above m ra t Check appropriate box for federal tax classification: o 11lndwiduallsole proprietor E] C Corporatlon ❑ S Corporation ® Partnership E] TruWastate h C G L 0s Q Umited liability company.Enter the tax dasslfication =(C=C corporation,SS corporation,P=partnership)IN- l�Exempt payee O ---------••-- C N ®' other(see instructions)10- .E ..E Andress(number,street,and apt.or suits no.) Requester's narne and address(optional) a 525 S Loop 288, Suite 105 City,state,and ZIP cede N Denton, Tx 76205 last account number(s)here(optional) Taxpayer identification Number(TIN) Enter your TIN In the appropriate box.The TIN provided must match the name given an the"Name"fine social security number avoid backup withholding.Far individuals,this is your social security number page However,for re ALJ resident mien,sole proprietor,or disregarded entity,sera the Part I instructions onn page 3.For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a 77N on page 3- Note.If the account is in more than one name,see the chart on page 4 for guidelines on whose Employer idencation number number to enter. M27 - fl 4 i 6 1 46 6 Certification Under penalties of penury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and 2- 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that 1 am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the MS has notified me that I am no longer subject to backup withholding,and 3. 1 am a U.S.citizen or other U.S.person(defined below). Certification instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage Interest paid,acquisition or abandonment of secured,property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than inters and, ds,ya of required to sign the certification,but you must provide your correct TIN.See the Instructions on page 4. Sign Signature of ry Here U.S.person r Date► 7 General lnstru lion Note.If a requester gives you a form other than Form w-9 to request your TIN,you must use the requester's form if it is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9- noted- Definitionat a U.S.person_For federal tax purposes,you are Purpose of Form considered a U.S.person if you are: A person who is required to file an Information return with the IRS must 4 An individual who is a U-S-citizen or U-S.resident alien, obtain your correct taxpayer identification number(TIN)to report,for +A partnership,corporation,company,or association created or example,income(raid to you,real estate transactions,mortgage interest organized In the United States or under the laws of the United States, you paid,acquisition or abandonment of secured property,cancellation .An estate(other than a foreign estate),or of debt,of contributions you made to an IRA. .A domestic trust(as defined In Regulations section 301.7701-7), Use Form W-9 only if you are a U.S.person(including a resident alien),to provide your correct TIN to the person requesting tt(the Special rules for partnerships.Partnerships that conduct a trade or requester)and,when applicable,to: business in the United States are generally required to pay a withholding tax on any foreign partners'share of income from such business. 1.Certify that the TIN you are giving is correct(or you are waiting for a ,Further,In certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner is a foreign person, 2.Cortify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,if you are a U.S.person that is a 3.Claim exemption from backup withholding if you are a U-S.exempt partner in a partnership conducting a trade or business in the United payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership Income from a U.S.trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners'share of effectively connected income. Cat.No,1023171 Form W-9(Rev.12-2011) 4 STANDARD G NERAT. CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dmanba21,2012 I� 1 I I STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT -� TABLE OF CONTENTS Page Article I —Definitions and Terminology..........................................................................................................I 1.01 Defined Terms......................................................................,........................................................ 1 1.02 Terminology............................................---..--- .....---..---.---..........---- ................--- ...........6 Article 2--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...........................................................................................................I 1 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 Article 5—Bonds and Insurance.......................................................................•................--...----- ..........16 5.01 Licensed Sureties and Insurers................................................................................................... 16 `+ 5.02 Performance,Payment,and Maintenance Bonds............... ....16 5-03 Certificates of Insurance................................,...,......,.,..,............................................................16 5.04 Contractor's Insurance......................___................................................................................_ 18 5.05 Acceptance of Bonds and Insurance;Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 -� 6.01 Supervision and Superintendence............................ ......................... ........................................ 19 CM OF FORT WORTH STANDARD CONSTRUCTION SPECIF"CATION DOCUMENTS Revision:DeecnEff21,2012 f� r 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 s 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 IndQrtanillcativm...........................................•..................�_.........,.........,.......�,,..,,.....................,.33 6.22 Delegation of Professional Design Services .34 6.23 Right to Audit___........................ 4 6.24 Nondiscrimination...................................................•--.................................................................35 Article 7-Dater Work at the Site.-........ ........_ ..........._._35 7.01 Related Work at Site------ --•--------------------- ------- ........................ .............................................. -35 7.02 Coordination..---- -- ........--...............................I............ .............................._.............36 Article 8 City's Responsibilities...................................................................................................................36 8.01 Cctmmulxications to Contractor................................. ... ................ ...............•-.y_..........._......36 8.02 Furnish Data. .36 8-03 Pay When Due............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders.................................................................,......... ............. .............,........... .....36 8.06 Inspections,Tests,and Approvals................................•....-----..---....--•----•--•----.._.........----•----••-----36 8.07 Limitations on City's Responsibilities.............................,.............................,...........................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program..............................................................................................•37 Article 9-City's Observation Status During Construction............. .............................................................37 9.01 City's Project Representative...................................................................................•......,....•.....37 9.02 Visits to Site--.------. -•---- ......................._.......... ............_......................................----..................37 9.43 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 SPECIFCATION DOCUMENTS Reviaion:DeDeTiher2I,2022 1 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 10.03 Execution of ChangeOrders........... . ..................... ..................................................................39 10.04 Extra Work.................................................................................................................................39 10.05 Notification to Surety ......39 10.06 Contract Claims Process ........................................................................................40 Article 11 -Cost of the Work;Allowances; Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances...................................................................................................•..............................43 44 11.03 Unit Price Work .......-•...............•-••-•--------•----••--...,_......_.....,........__..................,.._..... 11.04 Plans Quantity Measurement................................................................•---.... ....45 Article 12-Change of Contract Price;Change of Contract Time...........................-.....................................46 .f 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 13.03 Tests and Inspections.................................................•......................................,.........................48 1304 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work....--............... --•--•------ ................................ .................,..................49 13.06 Correction or Removal of Defective Work.........................,........................._............................50 13.07 Correction Period......•,..........•.................................................................... ............50 13.08 Acceptance of Defective Work.......... •....................................... .....--....................................51 13.09 City May Correct Defective Work...............................--............................................................51 Article 14-Payments to Contractor and Completion................. ....52 "• 14.01 Schedule of Values.................................................................•.............--.........................--- 52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization...................................................................................................................-•--.55 14.05 Final Inspection.-.........................................................................................................................55 14.06 Final Acceptance................... ..................................................,......................,...........................55 � 14.07 Final Payment................................................. .....................................................................•......56 14.08 Final Completion Delayed and Partial Retainage Release..................•....._..--.. ........................56 14.09 Waiver of Claims..................... .................................................................................------.....----..57 •, Article 15-Suspension of Work and Termination..........•.............................................................................57 15.01 City May Suspend Work.................................................---••--•-............ ......................................57 , 15.02 City May Terminate for Cause..........................................•....,.,......................................_..... ........................58 15.03 City May Terminate For Convenience.......................................................................................60 Article 16-Dispute Resolution ..61 16.01 Methods and Procedures.-.....----- •..........- ......... .......... .........................61 OM cr1YOF FORT WORTH STANDARD CONSTRUCTION SPHCIFCAT[ON DOCUMENTS RmWon:Demi ier4 2012 OR Article17—NEscellancous...................................................................•...................•---.---..-- ....... ..62 17.01 Giving Notice....................................-........................................... .............................................62 17.02 Computation of Times..............................................................................................................------.-.---........62 17.03 Cumulative Remedies................................--................................................ ....---......................62 r 17.04 Survival of Obligations------...... .............................................................................................63 17.05 Headings...................... .............63 0 r 1 r r M r CITY of FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=nbffZl,2012 of 007200-I Genera!Candidons Page S or63 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, fti and the titles of other documents or forms. I. 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. �. 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. S. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any,and the Bid Form with any supplements. 10. Business Day– A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11.Buzzsaw–City's ore-line,electronic document management and collaboration system_ 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCIOM SPEUKAT1ON DOCUMENTS Revision:Doxnta24 2012 F 0072 Da-1 Gcnerai Conditions Page 2 of 63 POP 13. Change Order A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date pa of the Agreement. 14. City---- The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and PM 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 invoMng the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney--The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. t" 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City bfanager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. r 19. Contract—The entire and integrated written document between the City and Contractor concerning the 'Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations, or agreements,whether written or oral. r20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price---The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time The number of days or the dates stated in the Agreement to: (i) achieve Milestones,if any and(ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement_ 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CHY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=Tkr21,2012 007200-1 General Conditions Page 3 of 63 25. Damage Claims -- A demand for money or services arising from the Project or Site from a third party,City or Contractor exclusive of a Contract Claim. 26. Day or day—A day,unless otherwise defined,shall mean a Calendar Day. 27.Director of Aviation --The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents. 28. Director of Parks and Community Services— The officially appointed Director of the Parks and Community Services Department of the City of port Worth,Texas, or his duly appointed representative, assistant,or agents. 29.Director of Planning and Development— 'fhe officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed ., representative, assistant,or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative,assistant,or agents. 31.Director of Water Department--The officially appointed Director of the Water Department of the City of bort Worth,Texas,or his duly appointed representative,assistant,or agents. 32.Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The slate indicated in the Agreement on which it becomes effective,but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34.Engineer—The licensed professional engineer or engineering film registered iu the Stine of Texas performing professional services for the City. !, 35. Extra Fork — 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 Werk. 36.Field Order--A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Cont-act Time, or the intent of the Engineer_ Field Orders are paid from Field Carder Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. "9 w CITY OF FORT WORTH STANDARD CONMUCr30N SPEMCATION DOCUMENTS Revision-Dn=r6er21,2012 r 00 7200-1 tfr Genera]conditions I Page 4 of 63 " 38. Final .Inspection — Inspection carved out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 44. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste----Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43.Liens—Charges, security interests, or encumbrances upon Project funds, real property, or r� personal property. 44.Major Item —An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or$25,004 whichever is less. 45.Milestone--A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successfal Bidder with the conditions precedent listed therein, City r will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. �. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans—See definition of Drawings. CnY OF FORT WORTH STANDARD CONSTRUCnON SPECfFCAT1ON DOCUMENTS Revision:Demmba 21,2012 l r 00]200-1 General Conditions Page 5of63 5l.Project Schedule--A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52.Project--The Work to be performed under the Contract Documents. .. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting - An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 55.Regular Working Hours - Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Pbysical examples of materials, equipment, or workmansl ip that are representative of some portion of the Work and which establish the standards by whish such portion of the Work will be judged. ^ 58. Schedule �oj Submittals-�A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related -t construction activities. 59. Schedule of Values—A schedule,prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site--Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. 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, xray be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor--An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dooanber2l,2012 General Conditions ~ Page 4 of 63 i 63. Submittals---All drawings, diagrams, illustrations, schedules, and other data or information j which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work_ 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor_ R' 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 r% 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. r 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 Terns or Adjectives: r CITY OF FORT WORTH STANDARD CONSTRL1MON SPECIFCATION DOCUMEN-M Revision:De=nher2 1,2112 f 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 life 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 suet 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: t. 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 construclion industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copier of Documents City shall fumish 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. 2.42 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed, A Notice to Proceed may be given at any time within 14 days after the Effective Date of the agreement. CrrY of FORT WORTH STANDARD CONSTRUCTION aPEC1FCATION DOCUMENTS Rerisioo:Dmora=21,2AS2 "1 007200-1 General Conditions Page K 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 Contraction 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. 2.05 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 207 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 1n 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 STA>'DAR.D CONSTRUCT[ON SPECiFCAT1ON DOCUMENTS Revision:Deoc ll,21112 off 007200-1 Genmi Candieims Page 4❑t63 AR 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 1 provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards,Specificatioris,Codes,Laws, and Regulations I. 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 thea 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: I. 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, Ole 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 CONSTRUMON SPECTCATION DOCUMENTS Rcaision:DemTba2l.2012 DO 72 6Q-I General Conditions Page Ip of63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.014. ■nl 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. rB. 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. 3.014 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 Werk 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; r2. City's review of a Submittal(subject to the provisions of Paragraph 6.18.C); or r 3. City's written interpretation or clarificatiou. I 3.05 Reuse of Documents 1 A. Contractor and any Subcontractor or Supplier shall not: 1 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,ether 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 SPECIFCATrION DOCUMENTS Revisiosr-nero 11*2012 IR W72©0-I Gcneral Conditions Page I I 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 ether Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the •, receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. if there is a discrepancy between the electronic files and the hard copies,the hard copies govern. ., B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of sofhvare application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4---AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS, HAZARDOUS ENVIRONMENTAL CONDITIONS;REFERENCE POINTS 4.01 Availability ofLands A. City shall 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 cascments 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 Schedute 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 SPECIFCATTON DOCUMENTS Revision;Deoarber 21.2012 dU7200.1 General Conditions Page 12 of 53 I r" C. Contractor shall provide for all additional lands and access thereto that may be required for l construction facilities or storage of materials and equipment. yrs 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 I subsurface structures at the Site{except Underground Facilities}. i B. Limited Reliance by Contractor on Technical Data Authorised: 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 r■ 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 r ' 2. other data, interpretations, opinions, and information contained in such reports or shown or rindicated 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. u 6 4.03 1]ie►ing Subsurfuoe 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 7 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 mi the Contract Documents-, r ps 1 CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECLFCATION DOCUMENTS Revision'.]3ace,tt 21,2012 r 007.',00-I Geneml Conditions Page 13 of 53 then Contractor shall, promptly ager becoming aware thereof and before farther disturbing the „ subsurface or physical conditions or performing any Work in connection. therewith (except in an emergency as requited by Paragraph 6.17.A), notify City in writing about such condition. B. Passible 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 e 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. Shawn 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: I. 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; e. 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 froth the Work. ..� B. Not Shawn 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 MY OF FORT WORTH STANDARD CONSTRUMON SPECrFCATrON pUCI.IMr< rS Rmsiom-De urber2l,2012 r I 007200-1 General Caaiitiaos Page l4 of63 r 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 miniMLim of 49 hours in advance of constniction including exploratory excavation if necessary. 4.05 Reference Paints A City shall provide engineering surveys to establish reference points for conMetiors, 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 a imint will Ile deducted from payment dile 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 CrrY 4F FORT WORTH STANDARD CONSTRUCTION SPECIFCATI❑N DOCUMENT' Revision.r]acenher2],2012 007200-1 General Conrlidans 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 AN in the Contract Documents to be within the scope of the Werk. 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 whose 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 conditious ^ 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 betief 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 ,haws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, lasses, 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 wham Contractor is responsible. Nothing in this Paragraph 4.06G 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. CrrYOF FORT WORTH STANDARD CONSTRUC FIGN SPECIFCATTDN I3UCt1MENTS Revisiw Deaernha21,2012 007200-1 Otnefal Conditions y Page 16 of 63 p 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 Fonds A. Contractor shall fin-nish performance and payment bonds, in accordance with Texas Government f" 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 tura (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 Ir 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 5.02.0, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, bath of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificate of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured)which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as"Additional Insured"on all iisbilitypolicies. Ph t•■ CRY of FORT WORT" SrAND.ARD CONSTRUCTION SPECTCATION DOCUMENTS Revision.Do=nbff21,2012 007200-1 General Conditions Page 17 of 63 w 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 carver 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 raring 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 5. 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 Iines 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 CFrY OF FORT WORTH STANDAPD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:I'7e mt=21,2012 PP 00noo-I General Condiums Page IS of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention.,groups,must also be approved by City. r+ 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 r 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 thein may be liable: 7 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 (ISD) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH ST&NDALtD CONSTRUMON SPECIFCATTON OOCUMFNTS Revision:De=nhc2l,2012 7 007200-1 General Conditioris Pap 19 of 63 44 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 r 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. s CrrY of FORT WORTH STANDARD CONSTRUCTION SPECIFCKnON DOCUMENTS Revision,Do m*wZ1.2012 DO 72 00-l * Generai Conditions Page 24 of 63 B. At all times during the progress of the Worn, 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 rbehalf 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 p construction. 6.02 Labor; Working Hours I A. Contractor shall provide competent, suitably qualified personnel to perform construction as rk 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 skull 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: I 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. 6.43 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 tun 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. CrrY DF FORT WORTH STANDARD CONSTRUMON SPECTCA,T[oN DQCUMENIS Revision:r7eceRta}xr21,21111 in 001200-1 Genml Conditions Page 21 of 63 7 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 subtnit to City for acceptance Oto the extent indicated in Paragraph 2,07 and the General Requirements) proposed adjustments in the Project Schedule that will not result m 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 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be M 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, r 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; MY OF FORT WORTH STANDARD CONSTRUMON SPECtFCA'nON DOCUMENTS Revision_Dcom dw 21,2012 i 007200-1 � Genrre!Conditions Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results unposed 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 r proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to e. 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. I c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 2.5 QO 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 is 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 'stem; CITY OF FORT WORTH STANDARD CONSTRUCTTQN SPECIF'CATIOH DOCUMENTS Revision:Decern6c21,2012 A 00 7200-i 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 royal ty;and Mt 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, includuag 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 4R 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.B. City may require Contractor to famish 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 6.05.8. 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 Y substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or 04 "or-equal"at Contractor's expense. d" CITY OF FORT WORTH STANDARD CONSTTRLiMON SPECIFCATION DOCUMENTS Revision.Uerarher2l,2052 00 007200-1 General Conditions Page 24 of 63 l� G. City Substitute Reimbursement. Costs (savings or charges) attributable to acceptance of a substitute steal l be incorporated to the Contract by Change Carder. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perforin 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 6,06.0). +� 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. Business Diversity Enterprise Ordinance Compliance: It is City policy to ensure the full and equitable participation by Minority and Small Business Enterprises (MBE)(SBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a NIDE and/or SHE goal, Contractor is required to comply with the intent of the City's Business Diversity Ordinance (as amended)by the following: 1. Contractor shall, upon request by the City, provide complete and accurate information regarding actual work performed by a MBE and/or SSE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted NME 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 mi the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE and/or SBE. Material misrepresentation of any nature may 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: CTTYOF FORT WORTH STANDARD CONSTRUCTION SPECIFCAT1pN!DOCUMENTS Revision:Decanbc21,2011 41 DO720I1-I General Conditions Page 25 of 63 I. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity , any contractual relationship between City and any such, Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers,and such other individuals or entities performing or fiunishing any of the Work shall communicate with City through Contractor. �. 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 far Piolation. 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 1 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. .tn C. Complaints of Violations and City Determination of Good Cause. On receipt of information, iacludiag a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the r 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 time full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts AI being subtracted from successive progress payments pending a final determination of the violation. ,y CITY of FORT WORTH r STANDARD CONSTRUCTION SPECIFCATI0N DOCUMENTS Revisioa;Decoyber21,21112 Y ii 007200-1 General Cundkioos f Page 26 of 63 I tf 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 12 th 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 is any court of competent jurisdiction. F. Records to he 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 1 open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit,shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code. +� G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. �. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified i.n 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 royatty 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 i CITY OF FORT WORTH STANDARD CpAIMUMON SPECIFCAUON DOCUMENTS Rtvision!Deunbv2l,2012 MR 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 4 A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to theAR 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 CrrY of FORT wORT7 f STANDARD CONST RUC RON SPECfFCAT 10N DOCUiVFNT5 Revigim Do nha 21,2012 1 007200-I General Conditions ` Page 28 of63 IA 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 way 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 i certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the i provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin,TQC 78711;or 2. hn://www.window,state.tx.us/taxinfoltaxfomis193-forms.html 6.12 Use ofSile and Other Areas A. Limitalion on We of Sile and 01her 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 CONSrItUMON SPECIFCATION DOCUMENTS Rerisiaa:Decar>h�21,2412 MR 07200-1 General ConW isms Page 24 of63 3. Should any Damage Claim be wade 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 1 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. 1 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 r 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 Werk 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 Carders,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 q% CITY OF FORT WORTH STANDARD CONSTRUCTION SPLCLFCAT ION.DOCUMENTS Revisim;Dwmiber2l,2012 007200-1 General Conditions Page ail of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to } prevent damage, Injury or loss to: w. 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 1M 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 rhazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 1P 6.17 Emergencies andlorRectification I 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 SFECIFCATIONDDCUMFNTS Revisiow Oammba21,2012 0072QIP-1 Central Conditions Page31 or63 Of 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. 141 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. d% 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. OR 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, d.imensious, • 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 6.18.0. 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-(July 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 M submittal for the limited purposes required by Paragraph 6.18,0. dw CITY OF FORT WORTH STANOARD CONSTRIJCr1ON SPECTFCATION DOCUMENIS Revision:Daccnbc2l,2012 do I i 007200-1 Gc nemt C.ondidons Page 32 of 63 B. Where a Submittal is required by the Contract. Documents or the Schedule of Submittals, any I 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 i 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 OI 33 QQ 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 k 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 CrrY OF FORT WORTH STANDARD CONSTRUCTION sPEC1FCATLON DOCUMENTS Revis w Dxen 21.2012 flU72Cx}-I General Conditions Page 33 o£63 t 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; 1 2. recomrneudation 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; '1 i 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. ..` Y 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. 5.21 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 arislog out of, or alleged to anise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS UVI)ENENIMCATION PIS VII N IS SPECIFICALLY INTENDED TO QPERATE AhM BE EFFEUIn EVEN LF 11 IS ALLEGED QH PROVEN '].'NAT ALL OR SOME QFTHE DAMAGES BEING SOUGHT MMU CAUSED. IN WHOLE OR IN J!AHT. BY—ANY ACT. OMSSION— OR E . This indemnity provision is untended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. S. 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. IMS INDEIN FICATION P OVBION IS , CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCLIMENTS Revision:Dwmter2l.2012 00 7200-1 Clencral Conditions > Page 34 of 63 SPECEFICALLY TNTEMED TQ OEERAIEBE EFFEEVEN LF IT I ALLL,EUD Q11 kaQMLN JHAT ALL +CSR SOME QF TRE DAMAGES BEING SUUCHT DIU CAUSED, IN WHOLE. QR IN PART. BY &U ACT. QNHSS[O OR NEGLIGENCE OE TLE CITY 6.22 Delegation of Professional Design Services V0 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 1 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 designn drawings) will be only for the purpose stated in Paragraph 6.18.0. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiratioij 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 CONSTRUMON sPEC1FCATION DOCUMENTS RevWon:Deceiber21,2012 1 007200-1 General Conditions Page 35 aF63 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 1 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 Admilaistratiou (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title Y'1, Civil Rights Act of 1959 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 perforin 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. +w I CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deow*e01,2412 I 007200-1 General Conditions Fag 36 oW I 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. UriLess otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. E 8—CITY' PD S IE ARTICLE S RES N I�II.IT S 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all conuonicarions to Contractor. 8.02 Furnish Data City shall tilmely furnish the data required under the Contract Documents. $.03 Pay nen 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 casements 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 SPECIPCATION DOCUMENTS Revision:Demnbea2'0012 41 007200-1 General Conditions Page 37 or 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. 8.48 Undisclosed Hazardous Environmenfal 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 "1 requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. 'f ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION I 9.01 City's Project Representative � City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site " A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work_ Based an information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to ]make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work .� will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. Cn"Y OF FORT WORTH STANDARD CONSTRUCnON sPECIFCATION DDCUMENTS Revision:Datmbr2l,2012 s 007200-1 Ceders!Co Lid l Lions Page 38 of 63 IMR 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be Finding on City and also on Contractor,who shall perforin the Work involved promptly. i 9.04 Rejecting Defective York City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or t testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed .• Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be fugal (except as modified to d 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 willreader a written decision on any issue referred. C. City's written decision on the issue referred will be finial 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. C_rr Y of FORT WORTH STANDA11D CONSTRUCTION SPECTFCArrON DDCUMENM Revision:De r1xr21,2012 007200-i General CondWops 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.O1.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09,or(iii)agreed to by the parties; ?. changes to 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 i 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 4N 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 lot I 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 CONSTRUCnON SPECIFCATION DOCUMENTS Revision:Db::emhw?I,2GJ 2 aft 007200-1 go General Conditions Page 40 of 63 P` 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph R 14.04, shall be referred to the City for decision. A derision by City shall be recuired 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 Clain 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 CIaim 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 r" to the City on or before 45 Clays 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. C'ite's.fiction: 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 SPECIPCATION DOCUMENTS Revision:Ueeatkiff2.,2012 007200-i General Conditions Page 41 of 63 MA 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 I x —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK;PLANS QUANTITY MEASUREMENT 11.01 Cost oflhe Work .� A. Casts Included. The term Cost of the Work means the sum of all casts, except those excluded in Paragraph l I.0I.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 l 1.01.13, 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 autborized ,rt by City. 2. Cost of all materials and equipment Airriished 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. CrrY OF FORT WORTH STANDARD CONSTRUMON SPECIFCATION DOCUMENTS [revision;nec mbu2).2012 d" 007200-1 General Conditions Page 42 c163 / 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, F- 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 t� this Paragraph l 1.01. 5. Casts 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 fallowing: 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 retrain the property of Contractor. r 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 A Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of therm or for whose acts any of them may r 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 fo 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. CrIY of FORT WORTH STANDARD CONSTRUC FON SPEUFCA"rIt]N f]oCUh4f.NYS Revision-Dmarber21,2012 007200-1 General CoridiLons Page 43 of 63 su h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Casts Excluded:The term.Cast 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 I1.0I.A.I or specifically covered by Paragraph 11-OLAA, 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. OR 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 •11 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. or 5. Other overhead or general expense costs of any kind. 4W 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 .r Work, Contractor's fee shall be determined as set forth in Paragraph 12.0 I.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to � Paragraphs 11.0 LA and 11.0 LB, 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 gamed 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. Are-bid Allowances: 1. Contractor agrees that: Not CrrY OF FORT WORTH STANDARD CONST]tUCMN SPEC[FFCATION DOCUMENTS Revision:DmnTba 21,2012 09 r 007200-1 General Conditions 9M 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 ou 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 tmit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. i 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. r 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. s D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if. P 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and r 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 1 STANDARD CONS7R{1MON SPECTCATION DOCUMENTS Revision:Qecemher2l,30I� w 047200-1 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%fl 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%u 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 Quantio,Mieasuremew 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 remised 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 ebange, 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 Iters if the City and Contractor agree iu writing to fix the final quantity as a plans quantity. CrIY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision,Deunber21,2012 w P'r' I 007200-1 Genera[Conditions Page Ab 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 TEVIE 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 die itcuts involved (subject to the r 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 12.01 I.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 12.01.B.2, on the r basis of the Cast of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. C'ontractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: r 1- a mutually acceptable fixed fee;or 7. 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: 1 t a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 00 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph l 1.0!.A.4 and 11.01.A.5, the Contractor's fee shall be r 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 12.0I.+C.2.a and 12.01.C.2.1b is that the Subcontractor who actually performs the Work, at whatever IMP CITY of FORT WORTH STANDARD CONSTRUCTION SPECIFCATioN DOCUMEN M Revisim Decvnber29.2012 007200-1 General Conditions Page 47 of 63 w tier,will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent(5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%n; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.8; 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 04 deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease- 12-02 Change of Cantrael Time A. The Contract Time may ordy 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 OR A. Where Contractor is reasonably delayed in the performance or completion of any part of the Worts 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, fines, 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 Paragrapb. 1 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. �. Mir CrrY OF FORT WORTH STANDARD CONSTRUMON SPEC[FCAT[ON DOCUMENTS Revision:D=n21,2012 DO 7200-1 GaneraE Coadrions Page 48 of 63 1 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects r Notice of all defective Werk 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 thein 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. [3.03 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. PW 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 rSupplementary 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 r„ submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. d 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. r r I. 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 M result and require a retest_ } CITY of FORT WORTH STANDARD CONSTRUCTION SP£CIFCATION DOCUJMENi5 Revision.Deegnhe-21,2012 007200-l 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. f 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 is 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 MY v Slop the Work If the Werk 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 crrY 4F FORT WORTH STANDARD CONSTRUCTION SPECiFCATTON DOCUMENTS Revision Decanber2l,2612 OW 007200-1 qu 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. Ili 13.46 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). �r Failure to require the removal of any defective Work small not constitute acceptance of such I Work- 13. orkB. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, t" Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee,if any,on said Work. r13,07 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 lard 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. S_ 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_ CrrY OF FORT WORTH STANDARD CONSTRUMON SPECTFCATION DOCUMENTS Revision:Dmarbcr21,2012 007200-1 General Conditions Page 51 of S3 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 sty provided its the Cuntract 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 casts) 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, 't 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, w after seven(7)days written notice to Contractor,correct,or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed � expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages {including but not limited to all fees and charges of engineers, architects, attomeys, and other professionals and all court or other dispute resolution CrrY OF FORT WORTH �I STANDARD CONT!"RUCTION sPEC1FCATION DOCUMENTS Revision.Decffnbu23.2012 1 007200-1 General candilio" Page 52 ar63 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 Werk; 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 rased on the number of writs 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 amagements 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. S. The amount of retainage with respect to progress payments will be as stipulated in the Contract Doc rzients. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECFCAT[ON DOCUMENTS s— Revisi=Dwzyber21,2022 1 1 007200-1 General Conditions Page 53 oF53 14 B. Review of Applications: 44 I. City will, after receipt of each Application for Payment, either indicate in wxiti.ng 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 r resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on "4 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 whale 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 1 assigned to City in the Contract Documents;or b. there may not be other matters or issues between the parties that might entitle Contractor 81 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 94 performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors,requiring correction or replacement; s 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 CONSTPLUCnDN SPECLFCATION DOCUMENTS REVS ami De=Tha2I,2012 no 72uu-1 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 OM (10%). 2. For contracts greater than$400,000 at the time of execution, retainage shall be five percent D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. r E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment 1 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; r~ 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 I 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 atnount 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 I 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 ,VF the time of payment free and clear of all Liens. r CITY OF FORT WORTH STANDARD CONSTRUCTtaN SPECIFCATt©N DOCUMENTS P Revision-Qe=nber2l,2012 1 007200-1 General Conditions Page SS or 63 14.04 Partial Utilization w A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work_ City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City deteru lues to be ready for its intended use,subject to the following conditions: I. 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 Werk is complete in accordance with the Contract Documents: I. within 10 days,City will schedule a Final Inspection with Contractor. 1 City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will T resume. 14.06 Final Acceptance [ Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CrCY OF FORT WORTH STANDARD CONSTRUCMON SPBCIFCATION DOCUMENTS Revision:T]&cmber21.2012 I' 00 72 4t7-I General Condidons Page 56 of 67 14.07 Final Payment A. Application for Payment: L 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 y 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 Clairas against City that Contractor believes are unsettled; and d d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City)of all Lien rights arising out of or Liens filed in connection with the r Work. B. Payment Becoines Due: r 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sung City is entitled, including but not limited to liquidated damages,will become due and payable. 2. After all Damage Claims have been resolved: r 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 pr the retainage stipulated in Paragraph 14.02.0, and if bonds have been furnished as required in I Paragraph 5.02, the written consent of the surety to the payment of the balance due for that r CrN OF FORT WORTH STANDARD CONSTRUMON SPECIFCATION DOCUMENTS RevWom Demmher21,2012 11 00 72 00-I General Condidons Page 57 oF63 portion of the Work fully completed and accepted shall be subuutted 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 or 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 orkAn 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 TERMI.NATIVN � 1.5.01 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 �l 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 SPECIFCATION DOCUMENTS Revision:Deeemh�21,2012 s 007200-1 PP General Condi[ieas Page 58 of53 15.02 City May Terminate,jor 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 �•r 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 r to the City's Business Diversity Enterprise [ordinance #20020-12-2011 established tinder Paragraph 6.06.D); r2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; ' 1 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 snake 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 bankaupt, or otherwise financially unable to carry on the Work satisfactorily;or S. 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 i 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 1,5 consecutive calendar I days after date of an additional written notice demanding Surety's performance of its MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMEN M Revision DmaT>hw21,2012 007200-1 General Conditions Page 59 of 63 as i obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below.. a. 1f 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. d. 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, small 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 eDtitled to any claim on account of the method used by City in completing the Contract. .,l 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 61 Article. CITY OF FORT WORTH STANDARD CONSTRUC11ON 5PECIfCATION DOCUMENTS Revision:D21,2612 rt r DO 72 00-1 General Conditions Page 60 of 63 15.03 City May Terminale 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 r 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 ftuther 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; P0 1 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: ra. 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, rthe 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 funaished to the City. 5, complete performance of such Work as shall not have been terminated by the notice of termination;and b. 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 ternriination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRICTION SPECTCATtON DOCUMENTS Revision-Deoen6er21.2012 p ©672W-1 oeaeral Conditions Page 61 aM 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 nate 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 clays 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 mi 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 10.06.0.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless,within that time period,City or Contractor: Cr1Y OF FORT WORTH STANDARD CONSTRUCTION SPECmFCA`ripN DOCUMENTS Revision:Ckrem6er21,2012 f 1 D0 72 00-1 � Geaerat Condir�nns Page 42 nF63 Ti11 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 Claire 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—NUSCELLANEOU5 l� N 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 & 1. delivered in person to the individual or to a wember of the firm or to an, officer of the corporation for whom it is intended; or FO 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, rC. 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. t7.02 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 CONSTRUMION sPECTCATION DOCUMENTS Revi,iorv.Domnlxrll,1112 A as 7z as-1 General Conditions Page 63 of 63 MW 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 sw-vive 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 co>astitute parts of these General Conditions. -" oft �I CrIY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwern�71,2012 r' 007300-1 SMI-EMENTARY CONDMONS Paige 1 of 5 l SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS " 5 Supplementary Conditions 6 7 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other 8 provisions of the Contract Documents as indicated below, All provisions of the General Conditions that are 9 modified or supplemented remain in full force and effect as so modified or supplemented. Ali provisions 14 of the General Conditions which are not so modified or supplemented remain in full force and effect. 11 12 Defined Terms 13 14 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 15 meaning assigned to them in the General Conditions,unless specifically noted herein. 16 h 17 Modifications and Supplements 18 19 The following are instructions that modify or supplement spec ifc paragraphs in the Generdl Conditions and 20 other Contract Documents. 21 22 SC-3,03B.2,"Resolving Discrepancies" 23 so 24 Plans govern over Specifications. 25 26 SC-4.01A 27 28 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 29 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the 30 Contract Drawings. 31 32 SC-4.01A.1.,"Availability of Lan"' 33 34 The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any as of �r 35 August 26,2414: 1 36 37 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUM13ER OF POSSESSION NONE 38 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 39 and do not bind the City. 44 41 If Contractor considers the final easements provided to differ materially from the representations on the 42 Contract Drawings, Contractor shall within Five(5) Business Days and before proceeding with the Work, 43 notify City in writing associated with the differing easement Sine locations. 44 45 SC-4.01A.2,"Availability of Lands„ 46 47 Utili des or obstructions to be removed,adjusted,and/or relocated rCITY of FORT WORTH BRIDGE REHABILUATION(2415-25) STANDARD CONSrRUMON SPECnCATION Doc[.mENTs GG01-539594-4202063 Revised April 1,2013 r 007300-2 1 SUPPLEMENTARY CONDITIONS Page 2 of 5 i Wqi 2 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated 3 as of August 26,2014: 4 .. EXPECTED UTMITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT NONE 5 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 6 and do not bind the City. 7 8 SC-4.02A.,"Subsurface and Physical Conditions" 9 10 The following are reports of explorations and tests of subsurface conditions at the site of the Work; 11 12 A"None"Report No. dated ,prepared by "None"a sub-consultant of"None",a 13 consultant of the City,providing additional information on"None" 14 15 The following are drawings of physical conditions in or relating to existing surface and subsurface 16 structures(except Underground Facilities) which are at or contiguous to the site of the Work: 17 "None" 18 19 SCA.06A.,"Hazardous Environmental Conditions at Site' 20 21 The following are reports and drawings of existing hazardous environmental conditions known to the City: 22 "None" 23 24 SC-5.03A.,"Certificates of Insurance" .� 25 26 The entities listed below are"additional insureds as their interest may appear" including their respective 27 officers,directors,agents and employees. 28 29 (1) City 30 (2) Consultant: "None" 31 (3) Other_ "None, 32 33 SC-5.04A.,"Contractor's Insurance" 34 35 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 36 coverages for not less than the following amounts or greater where required by laws and regulations: 37 38 5.04A.Workers'Compensation,under Paragraph GC-5.04A. 39 40 Statutory limits r 41 Employer's liability 42 $100,000 each accident/occurrence 43 $100,000 Disease-each employee 44 $500,000 Disease-policy limit 45 46 SC-5.4413.,"Contractor's Insurance" 47 7 CITY OF FORT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO 1-539590-0202603 Revised April 1,2013 .y 047340-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 5.04B.Commercial General Liability,under Paragraph GC-5.04B.Contractor's Liability Insurance 2 under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 3 minimum limits of- 4 5 $1.000,000 each occurrence 6 $2,000,000 aggregate limit 7 8 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 9 General Aggregate Limits apply separately to each job site. 10 11 The Commercial General Liability Insurance policies shall provide"X","C",and "U"coverage's. 12 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 13 14 SC 5.04C.,"Contractor's Insurance" 15 5.04C. Automobile Liability,under Paragraph GC-5.040,Contractor's Liability Insurance under 16 Paragraph GC-5.040., which shall be in an amount not less than the following amounts: 17 18 (l) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", 19 defined as autos owned,hired and non-owned. 20 21 $1,000,000 each accident on a combined single limit basis.Split limits are acceptable if limits are at �! 22 least: f 23 24 $250,000 Bodily Injury per person I 25 $500,000 Bodily Injury per accident I 26 $100,000 Property Damage 27 28 SC-5.04D.,"Contractor's lnsurance" 29 30 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 31 maternal deliveries to cross railroad properties and tracks"None". 32 33 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, �• 34 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of itsltheir trains 35 or other property. Such operations on railroad properties may require that Contractor to execute a'Right of 36 Entry Agreement"with the particular railroad company or companies involved,and to this end the 37 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 38 the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate 39 to the Contractor's use of private and/or construction access roads crossing said railroad company's 40 properties. 41 42 The Contractual Liability coverage required by Paragraph 5.04D of the Gencral Conditions shall provide 43 coverage for not less than the following amounts,issued by companies satisfactoy to the City and to the on 44 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 45 occupy,or touch railroad property. 46 47 (1) General Aggregate: NIA 48 49 (2) Each Occurrence: NIA 50 51 Required for this Contract X Not required for this Contract r 52 53 With respect to the above outlined insurance requirements,the following shall govern: 54 r CrrY OF FORT WORTH 13RMGE REHAB ILUATTON(2015-25) ST AmDARD GONSTRLfC'MN SPECtFICAMN DOCUMENTS GG4153459"202003 Revised April 1,2013 Z 007390-4 +h SUPPLEMENTARY CONDITIONS Page 4-of 5 1 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 2 the name of the railroad company. However, if more than one grade separation or at-grade 3 crossing is affected by the P;4ject at entirely separate locations on the line or lines of the same 4 railroad company,separate coverage may be required,each in the amount stated above. 5 6 2. Where more than one railroad company is operating on the same right-of-way or where several 7 railroad companies are involved and operated on their own separate rights-of-way,the Contractor 8 may be required to provide separate insurance policies in the name of each railroad company. 9 10 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a 11 railroad company's right-of-way at a location entirely separate from the grade separation or at- 12 grade crossing,insurance coverage for this work must be included in the policy covering the grade 13 separation. 14 15 4, If no grade separation is involved but other work is proposed on a railroad company's right-of- 16 way,all such other work may be covered in a single policy for that railroad,even though the work 17 may be at two or more separate locations. 18 19 No work or activities on a railroad company's,property to be performed by the Contractor shall be .. 20 commenced until the Contractor has Furnished the City with an original policy or policies of the insurance 21 for each railroad company named,as required above. All such insurance must be approved by the City and 22 each affected Railroad Company prior to the Contractor's beginning work. 23 24 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 25 has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, 26 insurance must be carried during all maintenance and/or repair work perfortned in the railroad right-of-way. 27 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the "* 28 railroad company operating over tracks involved in the Project. 29 30 SC-6.04.,")Project Schedule" 31 32 Project schedule shall be tier 3 For the project. 33 34 SC-6.07.,"Wage Rates" 35 36 The following is the prevailing wage rate table(s)applicable to this project and is provided in the 37 Appendixes: GC 6.07 38 39 SC-6,09.,"Permits and Utilities" 40 41 SC-6.09A.,"Contractor Obtained permits and licenses" 42 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: •* 43 "None" 44 45 SC-6.09B."City obtained permits and licenses" 46 The following are known permits and/or licenses required by the Contract to be acquired by the City_ ' 47 "None". 48 49 SC-6A9C."Outstanding permits and licenses" 50 51 The following is a list of known outstanding permits and/or licenses to be acquired,if any as 52 53 Outstanding Permits and/or Licenses to Be Acquired: .� CITY DF FORT WORTH BRIDGE REHABILUA ION(2015-25) STANDARD CONSTRULI'ION SPECtFICATfON DOCUMENTS GOO 1-539590-4292003 Revised April 1,2013 007300-5 SUPPLEMENTARY COI+IT]i`i-ION5 Page 5 of 5 rOWNER PERMIT OR LICENSE AND LCICATTON TARGET DATE OF POSSESSION r "Mone" ' 1 2 SC-7.02.,"Coordination" A 3 4 The individuals or entities listed below have contracts with the City for the performance of other work at 5 the Site: b "None„ Vendor Scope of Work Coordination Authority None None None +� 7 8 9 SC-8.01."Communications to Contractor" 10 11 Street sections shall be minimum 7 inch thick HES concrete.The use of nexbase and/or Ceogrid shall 12 he determined by engineer. 13 14 SC-9.01.,"City's Project Representative" 15 15 The following firm is a consultant to the City responsible forconstruction management of this Project: 17 "Nome" i8 ¢ 19 SC-13.03C.,"Tests and Inspections" 20 21 None 1 22 23 SC.16,t11C,1,"Methods and,Procedures" 24 25 None 2 277 28 29 END OF SECTION r I CITY OF FORT WORTH BRIDGE REHABDLrrAT[ON(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-539590-02020[}3 Revised April 1,2013 011100-1 SUMMARY OF WORK Page 1 of 3 I SECTION 011100 2 SUMMARY OF WORK 3 PART 1 - GENERAL 4 1.1 SUNLVIARY 5 A. Section lacludes: 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. MOBILIZATION AND DEMOBILIZATION SHALL BE SUBSIDIARY TO 9 THIS PROJECT PAY ITEMS,NO SEPARATE PAY.NO PAYMENT WILL BE 10 MADE FOR MOBHJ7ATION AND DEMOBILIZATION FROM ONE 11 LOCATION TO ANOTHER IN NORMAL PROGRESS OF PERFORMING THE 12 WORK.REMOBILIZATION PAY ITEM SHALL BE PAID FOR SUSPENSION 13 OF WORK SPECIFICALLY REQUIRED IN THE CONTRACT DOCUMENTS 14 OR AS REQUIRED BY THE CITY. _- - 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 l -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] 2:3 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Work Covered by Contract Documents 25 1. Work is to include furnishing all labor,materials,and equipment,and performing 26 all Work necessary for this construction project as detailed in the Drawings and 27 Specifications. 28 B. Subsidiary Work 29 1. Any and all Work specifically governed by documentary requirements for the 30 prosect,such as conditions imposed by the Drawings or Contract Documents in 31 which no specific item for bid has been provided for in the Proposal and the item is +� 32 not a typical unit bid item included on the standard bid item list,then the item shall 33 be considered as a subsidiary item of Work,the cost of which shall be included in 34 the price bid in the Proposal for various bid items. 35 2. MOBILIZATION AND DEMOBILIZATION SHALL NOT BE PAID DIRECTLY 36 BUT SHALL BE CONSIDERED SUBSIDIARY TO THE MAJOR ITEMS OF 37 WORK.NO PAYMENT WILL BE MADE FOR MOBILIZATION AND 38 DEMIBELIZATION FROM ONE LOCATION TO ANOTHER IN NORMAL 39 PROGRESS OF PERFORMING THE WORK. CITY OF FORT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CONMUCTION SPECIFICATION DOCUMENTS GG01-5395904202003 Revised December20,201'2 Of 1100-2 SUMMARY OF WORK Page 2 of 3 1 C. Use of Premises 2 1. Coordinate uses of premises under direction of the City, 3 2. Assume full responsibility for protection and safekeeping of materials and 4 equipment stored on the Site. 5 3. Use and occupy only portions of the public streets and alleys,or other public places 6 or other rights-of-way as provided for in the ordinances of the City, as shown in the 7 Contract Documents,or as may be specifically authorized in writing by the City. i 8 a. A reasonable amount of tools, materials,and equipment for construction 9 purposes may be stored in such space, but no more than is necessary to avoid 10 delay in the construction operations. I l b. Excavated and waste materials shall be stored in such a way as not to interfere 12 with the use of spaces that may be designated to be left free and unobstructed I3 and so as not to inconvenience occupants of adjacent property. 14 c. if the street is occupied by railroad tracks,the Work shall be carried on in such 15 manner as not to interfere with the operation of the railroad. 16 1) All Work shall be in accordance with railroad requirements set forth in 17 Division 0 as well as the railroad permit. 18 D. Work within Easements .w 19 1. Do not enter upon private property for any purpose without having previously 20 obtained permission from the owner of such property, 2.1 2. Do not store equipment or material on private property unless and until the 22 specified approval of the property owner has been secured in writing by the 23 Contractor and a copy furnished to the City. 24 3. Unless specifically provided otherwise,clear all rights-of-way or easements of 25 obstructions which must be removed to make possible proper prosecution of the 26 Work as a part of the project construction operations. 27 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery,plants, 28 lawns,fences,culverts,curbing, and all other types of structures or improvements, 29 to all water,sewer,and gas lines, to all conduits,overhead pole lines,or 30 appurtenances thereof,including the construction of temporary fences and to all 31 other public or private property adjacent to the Work. 32 5. Notify the proper representatives of the owners or occupants of the public or private 33 lands of interest in lands which might be affected by the Work. 34 a. Such notice shall be made at least 48 hours in advance of the beginning of the 35 Work. 36 b. Notices shall be applicable to both public and private utility companies and any 37 corporation,company,individual,or other,either as owners or occupants, 38 whose land or interest in land might be affected by the Work. 39 c. Be responsible for all damage or injury to property of any character resulting 40 from any act,omission,neglect,or misconduct in the manner or method or 41 execution of the Work,or at any time due to defective work, material,or 42 equipment. 43 6. Pence 44 a. Restore all fences encountered and removed during construction of the Project 45 to the original or a better than original condition. CITY OF FORT WORTH BRMGE REHABII-rrATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-533590-WO2003 Reviser!December 20,2012 F 94 01 11 00-3 St3MMARY OF WORK Page 3of3 1 b. Erect temporary fencing in place of the fencing removed whenever the Work is "1 2 not in progress and when the site is vacated overnight,and/or at all times to 3 provide site security. 4 c. The cost for all fence work within easements,including removal, temporary ., 5 closures and replacement,shall be subsidiary to the various items bid in the 6 project proposal,unless a bid item is specifically provided in the proposal. 7 1.5 SUBINOTTALS [NOT USED] .., S 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS[NOT USED] W 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE[NOT USED] 12 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY[NOT USED] 15 PART 2- PRODUCTS [NOT USED] 16 PART 3- EXECUTION [NOT USED] 17 END OF SECTION 18 Revision Log •r� DATE NAME SUMMARY OF CHANGE 19 7 CITY OF FORT WORTH BRIDGE REHABH.ITATnON(2015-25) 0 STANDARD CONST RUCTION SPECtFICATt0N DOCUMENTS GG01-539590-0242®03 Revised December 20,2412 1 A 0125 DD- I SUBSTn'M'ION PROCEDURES Page l 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 I or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor I I 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 Fortes and Conditions of the Contract 18 2. Division 1 --General Requirements [9 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 BRIDGE REHABILITATION(2015-25) LLL STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-539590-O202003 Revised Iuly 1,2011 012500-2 SU13STMJ ION PROCEDURES Page 2of4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 7 1.5 STJBMITTA►LS 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 1 t 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 Of 16 1) Product identification 17 a) Manufacturer's name is b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified low 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) Mame 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 h) 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 L 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- CrrY OF FORT WORTH BRIDGE PLEHABIMA'rION(7015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C UI-534590-0202003 Revised July 1.2011 >r 0[2500-3 SnSTTTLMON PROCEDURES Page 3 of 4 f 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 b design R 7 d. In the City's opinion,substitution will not perform adequately the function r 8 consistent with the design intent 9 LG ACTION SUBMITTAL S/INFORMATIONAL SUBMITTALS [NOT USED] 14 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 15 superior in all respects to that specified,and that it will perform function for which 17 it is intended 1$ 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 Lag DATE NAME SUMMARY OF CHANGE C31 CITY OFFORT WORTH BRA)GE R,EK"IL ITATTON(2015-25) STANDARD CONSTRUC IONSPECIFICAMN DOCUMENTS GGOI-539590-0202003 Revised July 1,201 t f 012500-4 , SUBST=ION PROCEDURES Page 4 of 4 1 EXHIBIT A 2 REQUEST FOR SUBSTrrUTION FORM: 3 4 TO: 5 PROJECT: DATE- 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: , 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 11 Proposed Substitution: 12 Reason for Substitution: 13 Include complete information on changes to Drawings and/or Specifications which proposed 14 substitution will require for its proper installation. 15 16 Fill in Blanks Below: 17 A. Will the undersigned contractor pay for changes to the building design, including engineering 18 and detailing costs caused by the requested substitution? 19 20 21 B. What effect does substitution have on other trades? 22 23 24 C. Differences between proposed substitution and specified item? 25 26 27 D. Differences in product cost or product delivery time? 28 29 30 E. Manufacturer's guarantees of the proposed and specified items are: 31 32 Equal Better(explain on attachment) 33 The undersigned states that the function, appearance and quality are equivalent or superior to the 34 specified item. 35 Submitted By: For Use by City 36 37 Signature ^Recommended Recommended 38 as noted 39 40 Firm Not recommended Received late 41 Address By 42 Date 43 Date Remarks 44 Telephone 45 46 For'C.1se by City: 47 48 Approved Rejected 49 City_ Date C=OF FORT WORTH BRIDGE Et1;IC.4BCLITATION(2015.25) STANDARD CONSTRUCTION SPECIFICAnON DOCUMENTS GGOI-539590-0202DD3 Revised July 1,2011 DI 31 19-1 PR.ECONSTRUCTtON MEETLNG Page 1 of 3 1 SECTION 013119 2 PRECONSTRUCTION MEETING 3 PARTI . GENERAL 4 11 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 opI 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 10 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 12 2. Division.1 —General Requirements 13 1.2 PRICE AND PA'YMEN'T'PROCEDURES 14 A. Measurement and Payment. 15 1. Work associated with ibis 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. ip 24 a. If recorded,tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstrucdon 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. P, 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 MY OF FORT WORTH BRIDGE REHA$it.,ITATION(2015-25) STANDARD CONSTRU=ON SPECIFICATION DOCUMENTS GGOI-539590-1202003 Revised August 17,2012 013119-2 PRECONSTRUCTION MEETING Page 2 of 3 1 e. Other City representatives 2 f. Others as appropriate 3 4, Construction Schedule 4 a. Prepare baseline construction schedule in accordance with Section 0132 lb and 5 provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. .� 8 5- Preliminary Agenda may include: 9 a. Introduction of Project Personnel 10 b. General Description of Project 11 c. Status of right-of-way,utility clearances,easements or other pertinent permits 12 d. Contractor's work plan and schedule 13 e. Contract Time 14 f. Notice to Proceed 15 g. Construction Staking 16 h. Progress Payments 17 i. Extra Work and Change Order Procedures - 18 j. Field Orders 19 k. Disposal Site Letter for Waste Material 20 1. Insurance Renewals 21 In. Payroll Certification f 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre-Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. Trench Safety Plans -4 28 t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storrs Water Pollution Prevention Plan 11 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 44 ee. Record Drawings 41 ff. Temporary construction facilities 19 42 gg. M/WBE or MBE/SBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 A. Questions or Comments CrrY OF FORT WORTH BRIDGE REHABII.ITA-17ON(2015-25) STANDARD CONSTRUCTION SPECA ICAMON DOCUMENTS GGOI.534540.0202003 Revised August 17,2012 w 01 31 1g-3 PRECONSTRUCTION MEETING Page 3 of 3 I 1.5 SUBMITTALS[NOT USED] 2 1.6 ACTION SUBMITTALSMIFORMATIONAL 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 1.14 DELIVERY,STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD[SITE] CONDITIONS[NOT USED] 8 1.12 WARRANTY[NOT USED] 9 PART 2- PRODUCTS[NUT USED] 1D PART 3- EXECUTION [NOT USED] 1 I END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 CITY OF FORT WORTH 13PJDGE R.FHARMITAMN(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS OGOI-539590-0202003 Revised August 17.'W 12 '1 013120-1 PROJECT MEETINGS Page I of 3 1 SECTION 013120 2 PROJECT MEETINGS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1_ Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 4 B. Deviations this City of Fort Worth Standard Specification 14 1. None. 11 C. Related Specification Sections include,but are not necessarily Iimited to: 12 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 13 2. Division 1—General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES +� 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES[NOT USED] 19 1.4 ADMIMSTRATIVE REQUMEMENTS 20 A. Coordination 21 1. Schedule,attend and administer as specified,periodic progress meetings,and 22 specialty called meetings throughout progress of the Work. 23 2. Representatives of Contractor,subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded,tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings,in addition to those specified in this Section,may be held when requested 29 by the City,Engineer or Contractor. 30 B. Pre-Construction Neighborhood Meeting 31 1. After the execution of the Agreement,but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule,including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of meeting to be detem-uned by the City. 37 3. Attendees .38 a, Contractor 1 CITY OF FORT WORTH BRIDGE REHABILrTATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0207003 Revised July 1,2011 0 013120-2 PROJECT MEETINGS Page 2 of 3 r 1 b. Project Representative 2 c. Other City representatives so 3 4. Meeting Schedule 4 a. In general,the neighborhood meeting will occur within the 2 weeks following 1 5 the pre-construction conference, 6 b. In no case will construction be allowed to begin until this meeting is held_ r 7 C. Progress Meetings 1 8 1. Formal project coordination meetings will he held periodically. Meetings will be 9 scheduled and administered by Project Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as- 11 nceded basis. Such additional meetings shall include,but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 15 e. Equipment approval 17 3. The Project Representative will preside at progress meetings, prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 e. City's representatives 28 f. Others,as requested by the Project Representative 29 5. Preliminary Agenda may include: 30 a. Review of Work progress since previous meeting 31 b. Field observations,problems,conflicts 32 c. Items which impede construction schedule 33 d. Review of off-site fabrication,delivery schedules 34 e. Review of construction interfacing and sequencing requirements with other 35 construction contracts 36 f. Corrective measures and procedures to regain projected schedule 37 g. Revisions to construction schedule 38 h. Progress,schedule,during succeeding Work period 39 i. Coordination of schedules 44 j. Review submittal schedules 41 k. Maintenance of quality standards 42 1. Pending changes and substitutions r43 m. Review proposed changes for: 44 1) Effect on construction schedule and on completion date 45 2) Effect on other contracts of the Project 46 n. Review Record Documents 47 o. Review monthly pay request 48 p. Review status of Requests for Informatiton C=OF FORT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CONSTRUMON SPECFJCATIO d DOCUMENTS OGOI.539590-0202003 RevisM July 1.2011 h1� I 013120-3 01 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 19 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 01 S a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable,meetings will be held at the Site, 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBNHTTALSANFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS[NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE tNOT USED] 16 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 17 1.11 FIELD[SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2- PRODUCTS [NOT USED] 20 PART 3- EXECUTION [NOT USED] 21 END OF SECTION i 22 Revision Log DATE NAME SUMMARY OF CHANGE w 23 CITY OF FORT WORT14 BRIDGE RERABIS..ITATION(2015-25) STANDARD CONSTRUC-nON SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised July 1,2011 01 32 16-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 OF5 ! 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 1(l 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 n—Bidding Requirements,Contract Forms and Conditions of the Contract Iw 14 2. Division 1 —General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES ,n 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 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1-No schedule submittal required by contract. Small,brief duration 23 projects 24 b. Tier 2-No schedule submittal required by contract,but will require some 25 milestone dates.Small,brief duration projects 26 c. Tier 3-Schedule submittal required by contract as described in the 27 Specification and herein.Majority of City projects, including all bond program 28 projects 29 d. Tier 4-Schedule submittal required by contract as described in the 30 Specification and herein-Large and/or complex projects with long durations 31 1) Examples:large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e, Tier 5-Schedule submittal required by contract as described in the 34 Specification and herein_Large and/or very complex projects with long 35 durations,high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. ]Baseline Schedule- Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule-Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CrrY OF FLIRT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO 1-539590-0202003 Revised July 1,2011 0132 16-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative-Concise narrative of the schedule including schedule 2 changes,expected delays,key schedule issues,critical path items,etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINXSTRATI VE REQLI]REI WNTS 5 A. Baseline Schedule 7 1. General a 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. I 1 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 +r, 13 related to the schedule. 14 c. Designate an authorized representative(Project Scheduler)responsible for 15 developing and updating the schedule and preparing reports. ,.t 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 25 Report that delays to the critical path have resulted and the Contract completion 27 date will not be rnct,or when so dixected 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 s 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CrTY OF FORT WORTH BRIDGE FEHABn.rrAT1ON(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S GG01-539590--0202003 � Revised July 1,2011 013216-3 AAA CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 D. The Contract completion time will be adjusted only for causes specified in this Z Contract. 3 a. Requests for an extension of any Contract completion date must be 4 supplemented with the fallowing: 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 lit 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 1 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 BRIDGE REHAB(1,1TATION(2415-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGDI.539590-4202003 Revised July 1,2011 as 013216-4 CONSTRUMON PROGRESS SCHEDULE Page 4 of 5 1 c. Acknowledge and agree that actual delays,affecting paths of activities ' 2 containing Moat 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 requixed changes +� I 1 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. IS 1.5 SUBMITTALS 19 A. Baseline Schedule A 20 1. Submit Schedule in native file fonmt and pdf format as required in the City of Fart 21 Worth Schedule Guidance Document. 22 a. Native pile 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 bard 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, 34 C. Schedule Narrative 31 1. Submit the schedule narrative in pdf format as required in the City of Fart 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. .� r CrrY OF FORT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CONSTRUC-TION SPECtFiCATION DOCUMENTS GGOI-539590-0202003 Revised July I.2D1t 413216-5 FFW CONSTRIIMON PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS[NUT 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 lid 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 fNOT USED] 14 PART 2- PRODUCTS[NOT USED] �+► 15 PART 3- EXECUTION [NOT USED] 1 16 END OF SECTION i 17 Revision Log DATE NAME SUMMARY OF CHANGE 18 CITY OF FORT WORTH $RMCE REHAB=A'I1t7N(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised July 1,2011 4 .. 013233-1 PRECONST'RUCTION VIDEO Page 1 of 2 I SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 PART1 - GENERAL r 4 1.1 SLTNIMARY 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. Nene. 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 rias 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] a 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the sitelabgnment,including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the pleconstruction video until the end of the lnaimellarice surety 24 period. 25 1.5 SUBMITTALS[NUT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS[NOT USED] 27 1.7 CLOSEOUT SUBMITTALS(NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE[NUT USED] 30 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 31 111 FIELD [SITE] CONDITIONS[NOT USED] 32 1.12 WARRANTY f NUT USED] 33 PART 2- PRODUCTS [NOT USED] CITY OF FORT WORTH BPMGE REHABUATATI+ON(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-539540-0202003 Revised July I,2011 r■ r 013233-2 PRECONSTRUCTION VIDEO Page 2 of 2 P 1 PART 3- EXECUTION NOT USED] r 2 END OF SECTION 3 Revision Log DATE NAME SUMMARY OF CHANGE r 4 r r r r My OF PORT WORTH BRIDGE REHAST DATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO 1-539590-0202003 Revised July 1,2011 OT 01 3300-1 SUBMITTALS Page 1 of 8 �a 1 SECTION 0133 00 SUBMITTALS 3 PARTI - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: G 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 ,f 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division d—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. 1 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 BRIDGE REHABnXrATtON(2415-23) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOL-539594-0202003 Revised D&-ember 20,2[112 A 010000-2 3U13Mn7A—L.S Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule,and in such 2 sequence as to cause no delay in the Work or in the work of any other ,., 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples,utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 0 1-99 to sequentially number each 4 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter,A-Z, indicating the resubmission of the same drawing(i.e. 11 A=2nd submission,B=3rd submission,C=4th submission, etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission(second resubmission)of that particular shop 19 drawing r 20 C. Contractor Certification 21 1. Review shop drawings,product data and samples,including those by 22 subcontractors,prior to submission to determine and verify the fallowing: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data �• 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) "By this submittal,I hereby represent that I have determined and verified 33 field measurements,field construction criteria,materials,dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format ' 37 1. Fold shop drawings larger than 8'/2 inches x I1 inches to S 1/2 inches x 1 Iinches. 38 2. Bind shop drawings and product data sheets together_ 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items/Table of Contents 44 c. Product Data/Shop Drawings/Samples/Calculations r45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions r CrrY OF FORT WORTH BRIDGE REHABILrTAT ON(2415-25) STANDARD CONSTRUCTION SPECIFICKNON DOC rNIE,7TS GG41-504590-OZO2003 Revised bec=ber20.2012 fi I W4 01 3300-3 SUHMMALS Page 3of8 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 31 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 resubmitWs 14 11. An 8-inch x 3-inch blanks 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 erectionlinstallation(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. w 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 1 46 6) Product photographs CrrY OF FORT WORTH BRIDGE R MBU 1TATION(2015-25) r� STANDARD CONSTRUCTION SPECIFICATION DOCL MSN'SS G001-539590-020200 Revised December 20,2012 }� 013300-4 II SU13M I iTALS 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 5 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. I 1 I) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products colorltexturelpattem 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 l7 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 1. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be r( 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 I 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 r 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 HRtrSGE REHA13TLITAT70N(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GC&1-539590-0202003 Revised December 20.2012 013300-5 SUBMITTALS Page 5 of 8 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals r 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data W. 9 1) Distributed to the City 10 2) Copies 1 1 a) 4 copies aw 12 c. Samples 13 1) Distributed to the Project Rcprescntativc 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples,where required, to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 IC- Submittal Review 22 I_ The review of shop drawings,data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 E Relieving the Contractor of responsibility for any errors,including details, 26 dimensions,and materials 27 c. Approving departures from details furrlished by the City,except as otherwise 28 provided herein 29 2. The review and approval of shop drawings,samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor,and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy,for coordinating the *1 35 Work with all other associated work and trades, for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings,data or samples as submitted describe variations and snow a .� 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance,the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under 1 of the following codes: 43 a. Cade 1 44 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 45 comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 CrI-Y OF FORT WORTH BRIDGE REHABILITATION(2015-25) 01 STANDARD coNSTRUCnON SPECIFrATION DOCUMENTS GG01-539590-0202003 I Revised December 24.2012 1 013300-6 SUBMr1TAC.S Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however,all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 1 i however,all notations and comments must be incorporated into the 12 final product. t3 b) This resubrnittal is to address all comments,omissions and W non-conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 Calendar Days of 16 the date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED"is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. r 24 6. Resubmi ttals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense,based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than 1 resubntission or any other delay in obtaining City's 37 review of submittals,will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves tate right to not review submittals deemed partial,at the City's 41 discretion. F 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor,and will be considered"Not Approved"until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents,then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. MY OF FORT WORTH BRIDGE REHAB11117ATTON(2015-25) STANDARI]CONSTRUMON SPEC[F1CAMN DOCUMENTS GGOt-539540.0202003 Revised Deaemtrer 20,2012 PW 03 3300_'7 SLiBivtrl`t'At S 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 instnictions f orn the City. 4 10, Each submittal,appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. OR 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 JR 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(RFT) 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)forth 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. N 24 d. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and wil I review the request, 't 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. +q 30 1.5 113UBN41TTAI.S[NOT USFD] 31 1.6 ACTION SUBMITTALSII.NFORMATIONAL SUBMITTALS[NOT USED] 32 1.7 CLOSEOUT SUBMITTALS[NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS[NOT USED] K 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] i CITY OF FORT WORTH BRIDGE REt3ABELITATION(2015-25) STANDARD CONSTRUCTION SPECIFICATfON DOCUMENTS GG01-535159(}-D202D03 Revised Deumber20,2012 h 1 013300-8 SUBM=ALS Page 8 of 8 I PART 2- PRODUCTS [NOT USED] 2 PART 3- EXECUTION[NOT USED] 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OF CHANGE 12124/2012 D.Johnson I A.K.8.Working Days modified to Calendar Days r Crrx OF FORT WORTH BRIDGE REHABILMATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-534590-0262003 Revised December 20,2012 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 SECTION 413513 2 SPECIAL PROJECT PROCEDURES h 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes,but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 1[) d. Air Pollution Watch Days 11 e. Use of Explosives,Drop Weight,Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Padang s 18 B. Deviations from this City of Port Worth Standard Specification 19 1. None. N 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 y 25 A. Measurement and Payment " 26 1. Coordination wittdn Raihoad permit areas 27 a. Measurement 28 1) Measurement 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) Mobilization 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. ■• 42 2. Railroad Flagmen C);rY OF FORT WORTH BRIDGE REHABILITATION(2015-25) 1 STANDARD CONSTRUCTION SPEMCATION DOCUMENTS GG01-534590-02D2003 Remised Dezember 20,2012 " V fm 013513-2 SPECIAL PROJECT PROCEDURES Page 2 of S I" I a. Measurement M1 2 1) Measurement for this Item will be per working day. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 will be paid for each working day that Railroad.Flagmen are present at the 6 Site. 7 c. The price bid shall include; 8 1) Coordination for scheduling flagmen 9 2) Flagmen IQ 3) Other requirements associated with Railroad 1� 11 3- All other items 12 a. Werk associated with these Items is considered subsidiary to the various Items 13 bid. No separate payment will be allowed for this Item. 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this Specification refer to the current reference t 17 standard published at the time of the latest revision date logged at the end of this • 18 Specification,unless a date is specifically cited. 19 2. Health and Safety Code,Title 9.Safety,Subtitle A-Public Safety,Chapter 752. 20 High Voltage Overhead Lines. 21 3. North Central Texas Council of Governments(NCTCOG)--Clean Construction 22 Specification 23 1.4 ADMI'N11,STRATIVE REQUIREMENTS 24 A. Coordination with the Texas Department of Transportation 25 1. When work in the right-of--way which is under the jurisdiction of the Texas 26 Department of Transportation(TxDOT): 27 a. Notify the Texas Department of Transportation prior to commencing any work 28 therein in accordance with the provisions of the permit 29 b. All work performed in the TxDOT right-of-way shall be performed in 30 compliance with and subject to approval from the Texas Department of 10 31 Transportation 32 B. Work near High Voltage Lines 33 1. Regulatory Requirements 34 a. All Work near High Voltage Lines(more than 600 volts measured between 35 conductors or between a conductor and the ground)shall be in accordance with 36 Health and Safety Code,Title 9,Subtitle A,Chapter 752. 37 2. W arni ng sign 38 a. Provide sign of sufficient size meeting all OSHA requirements. 39 3. Equipment operating within 10 feet of high voltage lines will require the following p 40 safety features 41 a. Insulating cage-type of guard about the boom or arm 42 b. Insulator links on the lift hook connections for back hoes or dippers 43 c. Equipment must meet the safety requirements as set forth by OSHA and the r 44 safety requirements of the owner of the high voltage lines 45 4. Work within 6 feet of high voltage electric lines 10 Cri Y OF FLIRT WORTH BRIDGE RExABiCdPATION(2015-25) STANDARD CONSTRUMON SPECIFICATION DOCLTMENTS GG01-539590.0202003 Revised becernbcr 20,2012 t3 .e D1 35 13-3 Mow SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Notification shall be given to: 2 1) The power company(example:ONCOR) 3 a) Maintain an accurate log of all such calls to power company and record 4 action taken in each case. 5 b. Coordination with power company 6 1) After notification coordinate with the power company to: 7 a) Erect temporary mechanical barriers,de-energize the lines,or raise or 8 lower the lines .� 9 c. No personnel may work within 6 feet of a high voltage line before the above 10 requirements have been met- 1 i C. Confined Space Entry Program .� 12 1. Provide and follow approved Confined Space Entry Program in accordance with 13 ©SHA requirements. 14 2. Confined Spaces include: 15 a. Manholes 16 b. All other confined spaces in accordance with OSHA's Permit Required for 17 Confined Spaces 18 D. Air Pollution Watch Days 19 1. General 20 a. Observe the following guidelines relating to working on City construction sites 21 on days designated as"AIR POLLUTION WATCH DAYS". 22 b. Typical Ozone Season 23 1) May 1 through October 31. 24 c. Critical Emission Time 25 1) 6:00 a.m.to 10.00 a.m. 26 2. Watch Days 27 a. The Texas Cornsnission on Environmental Quality(TCEQ),in coordination 28 with the National Weather Service,will issue the Air Pollution Watch by 3:00 29 p.m_on the afternoon prior to the WATCH day. 30 b. Requirements 31 1) Begin work after 10:00 a.m.whenever construction phasing requires the 32 use of motorized equipment for periods in excess of I hour. 33 2) However, the Contractor may begin work prior to 10:00 a.m. if: 34 a) Use of motorized equipment is less than I hour,or low 35 b) If equipment is new and certified by EPA as "Low Emitting", or 35 equipment burns Ultra Low Sulfur Diesel(UL.SD),diesel emulsions,or 37 alternative fuels such as CNG. 38 E. TCEQ Air Permit 39 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 40 F. Use of Explosives,Drop Weight,Etc. 41 1_ When Contract Documents permit on the project the following will apply: 42 a. Public Notification 43 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 44 prior to commencing. 45 2) Minimum 24 hour public notification in accordance with Section 01 31 13 46 G. Water Department Coordination Crrr of FORT WORTH BR DGE REHAH=ATION(2015-25) � STANDARD CONMUCTION SPECIFICATbON DOCLWENTS GGD1-539590-0202DD3 Revised December 20,2012 49 ,r 01 3513-4 SPECIAL.PROJECT PROCEDURES Page 4 of 8 I 1. During the construction of this project,it will be necessary to deactivate,for a 2 period of time,existing Lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. r 5 2. Coordinate any event that will require connecting to or the operation of an existing b City water line system with the City's representative. _ 7 a. Coordination shall be in accordance with Section 33 I2 25. 8 b. If needed,obtain a hydrant water meter from the Water Department for use 9 during the life of named project. to c. In the event that a water valve on an existing live system be turned off and on 11 to accommodate the construction of the project is required,coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate waterline valves of existing water system. 14 a) ,Failure to comply will render the Contractor in violation of Texas Penal 1.5 Code Title 7,Chapter 28.03(Criminal Mischief)and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition,the Contractor will assume alt liabilities and 18 responsibilities as a result of these actions. 19 H. Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by block 21 basis,prepare and deliver a notice or flyer of the pending construction to the front r 22 door of each residence or business that will be impacted by construction.The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No(CPN) 30 c) Scope of Project(i.e.type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the`pre-construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector_ 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 1. Public Notification of Temporary Water Service Interruption during Construction 43 I. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction,prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CTTY OF FORT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG41-539590-0202003 Revised December 24,2012 R r 013513-4 SPECIAL PROSECT PROCEDURES Page 4 of 8 1 1. During the construction of this project,it will be necessary to deactivate,for a 2 period of time,existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed,obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a water valve on an existing live system be turned off and on PP 11 to accommodate the construction of the project is required,coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate waterline valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal r 15 Code Title 7,Chapter 28.03(Criminal Mischief)and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition,the Contractor will assume all liabilities and r• 18 responsibilities as a result of these actions. 19 H_ Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by black 21 basis,prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction.The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following - 27 information. f28 a) Name of Project 29 b) City Project No(CPN) 30 c) Scope of Project(i.e. type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre-construction notification' flyer is attached as Exhibil 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 1. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction,prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CrrY OF PORT WORTH BRIDGE REHABILITATION(2015-25) STANDARDCONSTRUCT10N SPECIFICATION DOCLNENTS CG01-539540-0202DD33 Remised December 20,2412 013513-5 SPEC L4L PROJECT PRDCEDURE5 Page 5 of S 1 b. Prepare flyer on the contractor's letterhead and include the following 2 information_ 3 1) Name of the project 4 2) City Project Number 5 3) Date of the interruption of service 6 4) Period the interruption will take place 7 5) Name of the contractor's foreman and phone number 8 6) Name of the City's inspector and phone number 9 c. A sample of the temporary water service interruption notification is attached as 10 Exhibit B. 11 d. Deliver a copy of the temporary interruption notification to the City inspector 12 for review prior to being distributed. 13 e. No interruption of water service can occur until the flyer has been delivered to ]p 14 a]1 affected residents and businesses. 15 f. Electronic versions of the sample flyers can be obtained from the Project 16 Construction Inspector. 17 J. Coordination with United States Army Corps of Engineers (USAGE) 18 1. At locations in the Project where construction activities occur in areas where 19 USAGE peraraits are required, meet all requirements set Forth in each designated 20 permit. 21 K. Coordination within Railroad Permit Areas 22 1. At locations in the project where construction activities occur in areas where 23 railroad permits are required, meet all requirements set forth in each designated 24 railroad permit. This includes,but is not limited to,provisions for: 25 a. Flagmen 26 b. Inspectors 27 c. Safety training ,f 28 d. Additional insurance 29 e. Insurance certificates 30 f. Other employees required to protect the right-of-way and property of the 31 Railroad Company from damage arising out of and/or from the construction of 32 the project. Proper utility clearance procedures shall be used in accordance 33 with the permit guidelines. 34 2. Obtain any supplemental information needed to comply with the railroad's 35 requirements. 36 3. Railroad Flagmen 37 a. Submit receipts to City for verification of working days that railroad flagmen .� 38 were present on Site. 39 L. Dust Control 40 1. Use acceptable measures to control dust at the Site. 41 a. If water is used to control dust,capture and properly dispose of wastewater, 42 b. If wet saw cutting is performed,capture and properly dispose of slung. 43 M. Employee Parking 44 1. provide parking for employees at locations approved by the City. ii Cr1'Y OF FORT WORTH BRIDGE REHABILrrATION(2015-25) STANDARD CONSTRUC]-TON SPECLFICATION DOCUMENTS GG41-539590-OM2003 Revised December 20,2012 r Of 3513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 r1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBNUTTALSII.NFORMATIONAL 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 1.14 DELIVERY,STORAGE,AND HANDLING[NOT USED] 7 1.11 FIELD[SITE] CONDITIONS[NOT USED] 8 1.12 WARRANTY[NOT USED] PO " 9 PART 2- PRODUCTS (NOT USED) r 1Q PART 3- EXECUTION[NOT USED] o,, 11 END OF SECTION 12 Revision Log DATE NAME SLIT"ARY OF CHANGE 1.43—Added requirement of compliance with.Health and Safety Code,Title 9. 861/2012 H.Johnson Safety,Subtitle A.Public Safety,Chapter 752.High Voltage Overhead Lines. i, 1.4,E—Added Contractor responsibility for obtaining a TCEQ Air Permit 13 CITY OF FORT WORTH BRIDGE REHABILITATION{2015-25} STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GCAI-539590.0202003 Revised December 20,2012 DI3513-7 5PECLAL PROTEC-F PROCEDL RES Page 7 of 8 1 EXHIBIT A 2 (To be printed on Contractor's Letterhead) 3 4 5 6 Date' 7 +q 8 CPN No.: 9 Project Name: 10 Mapsco Location: 11 Limits of Construction. T 12 13 14 15 16 17 THIS IS TO INFORM YOU THAT CINDER A CONTRACT WITH THE CITY OF FORT � 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR I 19 PROPERTY, 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL_ 26 27 28 Mr. <CONTRACTOR'S SUPERINTENDENTS AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT t TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 T 35 36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 37 CITY OF FORT WORTH T3RMGE REHAKLIFTATION(2015-25) �r STANDARD CONSTRUMION SPECIRCA"MN DOCUMENTS GOO 1-539590-0202003 Revised December 20,2012 w pm oft 413513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 1 EXRWIT B fo �0— r oM..� proloa wataa: up NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION oft DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WI-LL BE INTERRUPTED ON BETWEEN THE HOURS OF AND (o IF YOU HAVE[QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT r {CITY INSPECTOR) (TELEPHONE NUMBER) I TRIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU. r CONTRACTOR 4 A 40 CrrY OFFORT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOi-539544-0202003 Revised U teemher 20.2012 014523-1 , TESTENO 0NG AND INSPECTION SERVICES Page I of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1 - GENERAL 4 1.1 SUNEM"Y 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fart Waith Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: t0 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements t2 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. «� 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing,coordinating,and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails,the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing,test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full, 25 1.3 REFERENCES[NOT USED] 26 1.4 ADNDMSTRATIVE REQUIREMENTS � 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents- 29 2. Coordination 30 a. When testing is required to be performed by the City,notify City, sufficiently 31 in advance,when testing is needed. 32 b. When testing is required to be completed by the Contractor,notify City, .� 33 sufficiently in advance,that testing will be performed. y 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buxxsaw site,or another external FFP site approved by 38 the City. CITY OF FORT WORTH BRIDGE RERABMXFATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539594-0202003 Revised July 1,2011 mot l OW I 0I4523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 �* 1 2) Upload test reports to designated project directory and notify appropriate [ 2 City representatives via email of submittal posting. 3 3) Hard Copies } 4 a) 1 copy for all submittals submitted to the Project Representative I 5 b. Hard Copy Distribution(if required in lieu of electronic distribution) ' d 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor J a) Distribute 3 hard copies to City's Project Representative 11) 4. Provide City's Project Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Dame of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. _ 18 1.5 SUBMITTALS[NOT USED] 19 1.6 ACTION SUBMITTALSII.NFORMATIONAL 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[NOT USED] r27 PART 3- EXECUTION NOT USED r28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE r 30 CITY OF FLIRT WORTH BRIDGE REHABII-STATTON(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-539590-0202003 Revised July I,2011 r 015000-1 TEMPORARY FAC1r.rC11~S AND CONTROLS Page 1 of 4 I SECTION 0150 00 2 TFIV ORARY 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 1 1 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 1 17 2. Division 1 --General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES R 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 49 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 14 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 casts until Work is approved for Final -9 34 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 CFTY QF FORT WORTH BRIDGE RERABU-TrATON(2015-25) � STANDARD CONSTRUCnON SPECrFICA'TION DOCUMENTS GGOI-539590-0202403 Revised July 1,2011 w 01-5000-2 TEMPORARY FACU-MES AND CONTROLS Page 2 of 4 I d. Contractor Payment for Construction Water 4 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 b testing of Work. F 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 I 1 a. Provide emergency telephone service at Site for use by Contractor personnel t2 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 jab site. 20 a. Enclose and anchor sanitary facilities. 21 b. Na discharge will be allowed from these facilities. 22 c. Collect and stare sewage and waste so as not to cause nuisance or health �w 23 problem. �P24 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 S. Fill and grade site for temporary structures to provide drainage away from 44 temporary and existing buildings. �e 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 CtTY OF FORT WORTH BRIDGE REHAa11.rrATON(2015-25) STANDARD CONSTRUCr1014 SPEMCAMN DOCUM-ENTS GGol-539590-0202003 Revised July 1.2011 w 0t 5000-3 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 SUBMITTALSANFORMATI©NAL SUBMITTALS[NUT USED] 1 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 f 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 f NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION[NOT USED] 20 3.3 PREPARATION[NOT USED] � 21 3-4 INSTA I.LATfON 22 A. Temporary Facilities + 23 1. Maintain all temporary facilities for diaration of construction activities as needed. 24 3.5 [REPAIR]1[RESTORATION] 25 3.6 RE-INSTALLATION 26 3.7 FIELD toR]SITE QUALITY CONTROL[NOT USED] w 27 3.8 SYSTEM STARTUP[NOT USED] 29 3.9 ADJUSTING[NOT USED] 29 3.10 CLEANING[NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A, Temporary Facilities CTPY OF FORT WORTH BRIDGE REHABILITATON(2015.25) STANDARD CONSTRUCTION SPECIFICATION©OCLWENTS GOO 1-519590-0202003 Revised JUIy 1,2011 A 015000-4 TEMPORARY FACU-rrU;S 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] S 3.14 A'T'TACHMENTS[NOT USED] 6 END OF SECTION 7 Revision Log DATE NAN M SClK lARY OF CHANGE 8 CITY OF FORT WORTH BRIDGE REHAB ILITATON(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01 539590-€1202003 Revised July 1,2011 0)5526-1 MEET USE PERMIT AND MOD FICATIONS TO TRAFFIC CONTROL 7 Page t of 3 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PARTI - 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 I 1 1. None, 12 C. Reiated Specification Sections include,but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1--General Requirements 15 3. Section 34 71 13—Traffic Control 16 1,2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment r 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 REVERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices(TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS � 27 A. Traffic Control 28 I. General r 29 a. When traffic control plans are included in the Drawings,provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings,prepare traffic r 32 control plans in accordance with Section 34 7I 13 and submit to City for 33 review. 34 I) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Pemiiit 36 1. Prior to installation of Traffic Control,a City Street Use Permit is required. 37 a. To obtain Street Use Permit,submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH BRIDGE REHk8 JTAT1CIN(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG41-539590-0:02003 Revised Pu1y 1,2011 r r 015525-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page'2 of 3 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit,such that construction is not delayed. r■ 4 C. Modification to Approved Traffic Control S 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum S working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 pians for Street Use Permit,such that construction is not delayed. 2 12 D. Removal of Street Sign 13 1. if it is determined that a street sign must be removed for construction,then contact F14 City Transportation and Public Works Department,Signs and Markings Division to 15 remove the sign. 16 F. Temporary Signage r17 1. In the case of regulatory signs,replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control _ 19 Devices(MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete,to the extent that the permanent sign can be 22 reinstalled,contact the City Transportation and Public Works Department,Signs 23 and Markings Division,to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Trak Control Standards can be found on the City's Buzzsaw website, r 26 1.5 SUBMITTALS[NOT USED] 27 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] r 28 1.7 CLOSEOUT SUBMITTALS[NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] -r 30 1.9 QUALITY ASSURANCE[NOT USED] 31 1.10 DELIVERY,STORAGE,AND RANDLING[NOT USED] 32 1.11 FIELD[SITE]CONDITIONS[NOT USED] 33 1.12 WARRANTY[NOT USED] r 34 PART 2- PRODUCTS[NOT USED] 35 PART 3- EXECUTION [NOT USED] r 36 END OF SECTION CITY OF FORT WORTH BRIDGE REHABILITATION(2015-25) r STANDARD CONSTRUCTION SPECMCATION DOCUMENTS GGOI-5395900202003 Revised July t,2011 f M 015526-3 STREET USE PERMrr AND MODIFICATIONS TO TRAFFIC CONTROL Page 3❑C 3 1 � Revision Log DATE NAME SUMMARY OF CHANGE 2 nr CITY OF FORT WORTH BRIDGE REHABO_1TATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO1-539590-0202003 Revised July 1.2011 r 0157 13-1 STORM WATER POLLUTION PREVENTION Page 1 of 3 I SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART I - GENERAL. r4 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; 1 10 L Division 0-- Bidding Requirements,Contract Forms and Conditions of the 11 Contract P 12 2. Division i —General Requirements r 13 3, Section 3125 00—Erosion and Sediment Control r 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than I 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 I acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent:NOI 24 2. Notice of Termination: NOT r 25 3. Storm Water Pollution Prevention Plan: SWPPP p 26 4. Texas Commission on Environmental Quality:TCEQ 27 5. Notice of Change: NDC 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. CTTY OF FORT WORTH BRIDGE REHABU TFATON(2015-25) STANDARD CONSTRt1CTTON SP£CTMATION DOCUMENTS GG01-539590-0202003 Revised July 1,2011 t of 5713-2 STORM WATER POLLUTION PREVENMON Page 2 of 3 1 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR 150000 11 a) Sign and post at job site .. 12 b) Prior to Preconstruction Meeting,send 1 copy to City Department of 13 Transportation and Public Works,Environmental Division,(817)392- 14 5088. 15 2) Provide erosion and sediment control in accordance with: 1 16 a) Section 3125 00 17 b) The Drawings 18 c) TXR150000 General Permit � 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance .. 22 a. Texas Pollutant Discharge Elimination System(TPDES)General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division,(817)392-6088. rt 29 2) TCEQ Notice of Change required if making changes or updates to NGI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 3125 00 32 b) The Drawings 33 c) TXR 150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division,(8I7)392-5088. 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 BRIDGE REHABMJTATON 12015-251 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539594-0202003 Revised July 1,2011 � 015713-3 STORM WATER POLLMON PREVENTION Page 3 of 3 1p 1 B. Modified SWPPP 2 I. If the SWPPP is revised during construction,resubmit modified SWPPP to the City 3 in accordance with Section 01 33 00. 4 1.6 ACTION SUBNUTTALS/INFORMATIONAL SUBMITTALS[NOT USED] 5 1.7 CLOSEOUT SUBvII'TTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS[NOT USED] 7 1.9 QUALITY ASSURANCE[NOT USED] r 8 1.10 DELWERY,STORAGE,AND HANDLING [NOT USED] 9 1.11 FIELD[SITE]CONDITIONS[NOT USED] r 14 1.12 WARRANTY [MOT USED] i i PART 2- PRODUCTS [NOT USED] 12 PART 3- EXECUTION[NUT USED] F13 END OF SECTION 14 Revision Lag DATE NAME SUMMARY OF CHANGE 15 r CTrY OF FORT WORTH BRIDGE REHABU.ITAT©N(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-539590-40202003 Revised July 1,2011 r 015$Y3-I TEMPORARY PROJECT SIGNAGE Page I of 1 1 SECTION 0158 13 '# 1 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 Farms 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 Otis Item. 16 1,3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS[NOT USED] 18 1.5 SUBMITTALS[NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERL&L 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(oa]OWNER-SUPPLIEDPRODUCTS f 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 BR11)GE REHABILITATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-537590-0142003 Revised Iuiy 1,201 t TEMPORARY PROJ`FCT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of 1I4-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 USEDI 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 �e 17 c. Barricade 18 3.5 REPAIR 1 RESTORATION[NUT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [oRl SITE QUALITY CONTROL[NOT USED] 21 3.8 SYSTEM STARTUP[NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING[NUT 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 BRIDGE REHABMJTATION(2015-25) STANDARD CONSTRUCTION SPECIRCAIION DOCUMENTS GGO1-539540-0202003 Revised July 1,2011 0158 13-3 TEMPORARY PROTECT SIGNAGE Page 3 of 3 l Revision Log DATE NAME SUMMARY OF CHANGE •may 2 h I 1 CITY OF FORT WORTH BRIDGE RERABILITATION(2015-25) STANDARD CONS'1 OCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised July 1,2011 016000-1 PRODUCT REQUIREMENTS Page 1 of 2 1 SECTION 0160 00 2 PRODUCT REQUIREMENTS 3 PART1 - GENERAL +� 4 1.1 SUMMARY 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. I"" 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 11 2, Division I --General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES[NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. ResourcesNO2-Construction Docurnents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City, 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for Certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List,not all 26 products from that manufacturer are approved for use,including but not limited to,that 27 manufacturer's standard product. 28 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 34 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALSWORMATIONAL 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] CITY of FORT WORTH BRIDGE REHAB ILrrATION(2015-25) STANDARD CONSTRUCnON SPECIFICATION DOCUMENTS GGO1-539590-0202003 Revised D=n&r 20,2012 I 016000-2 PRODUCT REQUIREMEN-ISS Page 2 of 2 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] 7 5 PART 3- EXECUTION[NOT USED] 6 END OF SECTION 7 aq Revision Log DATE NAM SUMMARY OF CHANGE 10/12/12 D.Johnson Modified Location of City's Standard Product List CITY OF FORT WORTH BRIDGE REHAB=ATION(2415-25) STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS GGOI-539590-0202OG3 � Revised December 20.2012 0170 00- 1 MOBILIZATION AND REMOBUZATJON u Page t aro 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PART I - GENERAL 4 1.1 SUND4ARY 5 A. Section Includes: 6 1. Mobilization and Demobilization 7 a. Mobilization 8 I) Transportation of Contractor's personnel,equipment,and operating supplies 9 to the Site *' 10 2) Establishment of necessary general facilities for the Contractor's operation I 1 at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor's personnel,equipment,and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor's operation 16 from 1 location to another location on the Site. 17 b. Demobilization 18 1) Transportation of Contractor's personnel,equipment,and operating supplies 14 away from the Site including disassembly 0 20 2) Site Clean-up l 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract PR 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract, 25 2. Remobilization 26 a. Remobilization for Suspension of Work specifically required in the Contract r' 27 Documents oras required by City includes: 28 1) Demobilization 29 a) Transportation of Contractor's personnel,equipment,and operating I!r 30 supplies from the Site including disassembly or temporarily securing 31 equipment,supplies,and other facilities as designated by the Contract 32 Documents necessary to suspend the Work. 33 b) Site Clean-up as designated in the Contract Documents IP 34 2) Remobilization 35 a) Transportation of Contractor's personnel,equipment,and operating 36 supplies to the Site necessary to resume the Work. 37 b) Establishment of necessary general facilities for the Contractor's L 38 operation at the Site necessary to resume the Work. 39 3) No Payments will be made for. pa 40 a) Mobilization and Demobilization from one location to another on the 41 Site in the normal progress of performing the Work. 42 b) Stand-by or idle time PM 43 c) Lost profits 44 3. Mobilizations and Demobilization for Miscellaneous Projects 45 a. Mobilization and Demobilization w CrCY OF FORT WORTH BRIDGE REHABtLrrAT1ON(2015-25) STANDARD CONSTRUCt'[ON SPEMCATION DOCUMENTS GGOI-539590-02112003 Revised December 20,2012 to 017000-2 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 I I 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 Cider 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 Port Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include,but are not necessarily limited to: 22 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 23 2. Division 1 —General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment Y 26 l_ Mobilization and Demobilization 27 a. Measure 28 1) This Item is considered subsidiary to the various Items bid. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 are subsidiary to the various Items bid and no other compensation will be 32 allowed. 33 2. Remobilization for suspension of Work as specifically required in the Contract 34 Documents 35 a. Measurement 36 1) Measurement for this Item shall be per each remobilization performed. 37 b. Payment 38 1) The work performed and materials fi.u-nished in accordance with this Item 39 and measured as provided under"Measurement"will be paid for at the unit 40 price per each"Specified Remobilization"in accordance with Contract 41 Documents. 42 c. The price shall include: 43 1) Demobilization as described in Section 1.1.A.2.a.1) 44 2) Remobilization as described in Section 1.1.A.2.a.2) 45 d. No payments will be made for standby,idle time,or lost profits associated this 46 Item. CITY OF FORT WORTH BRIDGE REHABILrrATION(2015-25) + STANDARD CONSTRUCTION ION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised December 20,2012 00C 01 7ATI-3 MOBILIZATION AND RE-MOBILIZATION Page 3 of 4 J 3_ Remobilization for suspension of Work as required by City 2 a. Measurement and Payment 3 1) Thtis sllall be submitted as a Conu'act Clain] hi accordance with Article 10 4 of Section 00 72 00. 5 2) No payments will be made for standby,idle time, or lost profits associated 6 with this Item. 7 4. Mobilizations and Demobilizations for Miscellaneous Projects 8 a. Measurement 9 1) Measurement for this Item shall be for each Mobilization and 10 Demobilization required by the Contract Documents 11 b. Payment 12 1) The Work performed and materials furnished in accordance with this Item 13 altd measured as provided under"Measurement"will be paid for at the unit 14 price per each."Work Order Mobilization"in accordance with Contract 1S Documents. Demobilization shall be considered subsidiary to mobilization 16 and shall not be paid for separately. 17 c. The price shall include; 18 1) Mobilization as described in Section 1.1.A.3.a.1) 19 2) Demobilization as described in Section 1.1.A.3.a.2) 20 d_ No payments will be made for standby, idle time, or lost profits associated this 21 Item. 22 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 23 a. Measurement 24 1) Measurement for this Item shall be for each Mobilization and 25 Demobilization required by the Contract Documents 26 b. Payment 27 1) The Work performed and materials furnished in accordance with this Item 28 and measured as provided under"Measurement"will be paid for at the unit 29 price per each "Work Order Emergency Mobilization" in accordance with 30 Contract Documents. Demobilization shall be considered subsidiary to 31 mobilization and shall not be paid for separately. 32 c. The price shall include 33 1) Mobilization as described in Section 1.I.A.4.a) 34 2) Demobilization as described in Section 1.I..A.3.a.2) 35 d. No payments will be made for standby,idle time,or lost profits associated this 36 Item, 37 1.3 REFERENCES[NOT USED) 38 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 39 1.5 SUBMITTALS[NOT USED} 40 1.6 INFORMATIONAL SUBMITTALS[NOT USED] 41 1.7 CLOSEOUT SUBMITTALS[NOT USED] 42 1.8 MAINTENANCE MATERIAL SUBMITTALS[NOT USED] 43 L9 QUALITY ASSURANCE[NOT USED] 44 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] CITY OF FORT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CGOI-5395WO202003 Revised December 20.2012 Lis 017000-4 MOBILIZATION ANIS REM08111ZATION Page 4 d4 1 1.11 FIELD[SITE] CONDFITONS[NOT USED] 2 1.12 WARRANTY[NOT USED] 3 PART 2- PRODUCTS [NOT USED] 4 PART 3- EXECUTION [NOT USED] 5 END OF SECTION 6 Revision Lag DA'Z'E NAME Sl1MM ARY OF CHANGE 7 CITY OF FORT WORTH BRIDGE REHAEII.II'ATION(2015.25) �+ STANDARD CONSTRIICITON SPECIFICATION DOCJ' FXTS GGOI-534594-0202003 Revised Dmemher 20.2012 1 017423-1 CLEANING Page i of 4 1 SECTION 0174 23 2 CLEANING r� 3 PART1 - GENERAL I 4 1.1 SUMMARY 5 A. Section Includes: 5 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Port Worth Standard Specification 9 1. None. to 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 t3 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 ADMINISTRATrVE REQUIREMENTS 20 A. Scheduling �r 21 1, Schedule cleaning operations so that dust and other contaminants disturbed by r 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] r• 26 1.6 ACTION SUBMITTALSAMORMATIONAL SUBMITTALS [NOT USED] 1 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. Crry OF FORT WORTH BRIDGE REHAaUTATION(2015-25) STANDARD CONSTRLIMON SPECIFICATION DOCUMENTS GGf1r-539590-0202003 Revised July 1,2011 017423-2 CLEANING Page'Z of 4 l 1.11. FIELD[SITE] CONDITIONS [NOT USED] w 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. Now 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 I RESTORATION[NOT USED] 19 3.6 RE-INSTALLATION[NOT USED] 20 3.7 FIELD loR]SITE QUALITY CONTROL[NOT USED] 21 3.8 SYS'T'EM 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 BRIDGE REHAB]LrrATION(2015-75) � STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GCAI-539590-4202003 Revised July 1.2011 w K 017423-3 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 bum on-site. 9 B. Intermediate Cleaning during Construction s10 1. Deep Work areas clean so as not to hinder health, safety or convenience of I 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 containers): 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 storax 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. CrfY OF FORT WORTH BRlt]GE RERABUTAT1ON(2015-25) STANDARD CONSTRUCTION SPEMICATION DOCUMF.N7S 0001-539590-0202003 Revised Jury 1.2011 r 017423-4 CLEANING �I Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities,and upon approval by 2 City,remove erosion control from site. 3 5. Clean signs,lights,signals,etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION[NOT USED] G 3.13 MAINTENANCE[NOT USED] 7 3.14 ATTACHMEN'T'S[NOT USED1 A 8 END OF SECTION 9 Revision Log I DATE NAME SUMMARY OF CHANGE 1fl 1 C[ TY OF FORT WORTH BRIDGE REHABILITATION(2015-25) 11 STANDARD CONSTRI7C'I';ON SPECERCATION DOCUMENTS GGOI-539590.0202003 Revised July 1,2011 ""1 017719-1 CLOSEOUT REQUIREMENTS Page I of 3 rl SECTION 4177 19 2 CLOSEOUT REQUIREMENTS r3 PARTI- GENERAL r 4 1,1 SUMMARY 5 A. Section Includes- 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division Q—Bidding Requirements,Contract Forms and Conditions of the Contract It 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 1A 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 firlal 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. Pit Cr[Y OF FORT WORTH BRIDGE REHABILITATION(20i5-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-539590-0202003 Revisedluly 1,20i1 fp 0177 19-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 IN-FORMATIONAL SUBMITTALS[NOT USED] ..� 2 1.7 CLOSEOUT SURMITTAI S [NOT USF.❑] 3 PART 2- PRODUCT'S [NOT USED] 4 PART 3- EXECUTION 5 3.1 INSTALLERS[NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION[NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection,submit; 10 1. Project Record Documents in accordance with Section 0178 39 �l 11 2. Operation and Maintenance Data,if required,in accordance with Section D 178 23 12 B. Prior to requesting Final Inspection,perform final cleaning in accordance with Section 13 0-17423. 14 C. Final Inspection 15 L After final cleaning,provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection,the City will notify the Contractor,in 19 writing within la business days,of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City,immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice,inform the City,that the required Work has been Completed. Upon receipt 26 of this notice,the City,in the presence of the Contractor,will make a subsequent 27 Final Inspection of the project, 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include,but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d- Light bulbs 34 e. Fuses 35 f. Vault keys -� 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CrTY 4F FORT WORTH H RIDGE REHAB n_rrATION(2015-25) STANr9APD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-5395904)242003 Revised 7uly 1.2011 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 f' 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory,the City wil] issue a Notice of Project Completion(Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following �= 5 additional forms: 5 a. Final Payment Request !r 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 1I] e. Pipe Report(if required) 11 f. Contractor's Evaluation of City 1.2 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation,in accordance with General Conditions,City will issue Letter of go 16 Final Acceptance and release the Final Payment Request for payment. 17 3.5 REPAIR I RESTORATION[NOT USED] 18 3.6 RE-INSTALLATION[NOT USED] 19 3.7 FIELD[OR]SITE QUALITY CONTROL[NOT USED] 24 3.8 SYSTEM STARTUP[NOT USED] 21 3.9 ADJUSTING[NOT USED] 22 3.10 CLEANING[NOT USED] r23 3.11 CLOSEOUT ACTIVITWS [NOT USED] 24 3.12 PROTECTION[NOT USED] r25 3.13 MAINTENANCE[NOT USED] 26 3.14 ATTACHMENTS[NOT USED] r27 END OF SECTION 23 Revision Log ■. DATE NAME SUMMARY OF CHANGE i 29 CL'l`Y OF FORT WORTH BRIlMGE REHABILITATTON(2015-25) STANDARD CONSTRUC171ON SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised?oly 1.2011 017939-1 PROJECT RECORD DOCt1tvtElM Page 1 of 4 I SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 PART 1 - 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. 1 8 a. Record Drawings 9 b. Water Meter Service Reports to 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. " lel 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 a 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[MOT USER] 1 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 BRIDGE REHABILITATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CiMI-539590-0202003 Revised July 1,2011 I 1r 017839-2 PROTECT 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 completions 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. f 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 'WARRANTY[NOT USED] r17 PART 2- PRODUCTS 18 2.1 OWNER-FURNISHED Coal OWNER-,SUPPLIED PRODUCTS[NOT USED] r19 2.2 RECORD DOCUMENTS 20 A. Job set 21 I_ 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] r30 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 SFT", CITY OF FORT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CON5TRUCTION SPECIFICATION DOCUMENTS G001-539590`0202003 Revised July 1,2011 437834-3 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,devisee a 5 suitable method for protecting the job set. b b. Do not use the job set for any purpose except entry of new data and for review B 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 0171 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. 14 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, aft do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 & 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. CrrY OF FORT WORTH BRIDGE REMAB1LrrATTON(2015-25) STANDARD CONSTRUMON SPECtFIrKnON DOCUMENTS GGOI-539590-0202003 ReviW July 1,2011 r 017839-4 PROJECT RECORD DOCUMENT'S Page 4 of 4 1 c. Call attention to each entry by drawing a"cloud"around the area or areas 2 affected. 3 d. Make changes neatly,consistently and with the proper media to assure 4 longevity and clear reproduction. 5 2. Transfer of data to other Documents 6 a. If the Documents, other than Drawings,have been kept clean during progress of 7 the Work,and if entries thereon have been orderly to the approval of the City, 8 the job set of those Documents,other than Drawings,will be accepted as final 9 Record Documents. 10 b. If any such Document is not so approved by the City, secure a new copy of that 11 Document from the City at the City's usual charge for reproduction and 12 handling,and carefully transfer the change data to the new copy to the approval 13 of the City. 14 3.5 REPAIR 1 RESTORATION[NGT USED] 15 3.6 REINSTALLATION[NOT USED] 16 3.7 FIELD[oRl SITE+QUALITY CONTROL[NOT USED] 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[NGT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END OF SECTION 25 Revision Lag DATE NAME SUMMARY OF CHANGE 26 I CrrY OF FORT WORTH BRIDGE REHAWLITA'TION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Revised July 1,2011 3471 13-1 TRAFFIC CONTROL Page l of G 1 SECTION 34 7113 r 2 TRAFFIC CONTROL 1 3 PART 1 - GENERAL 4 1.1 SUMMARY ... 5 A. Section Includes: 6 1. Installation of Traffic Control Devices and preparation of Traffic Control Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 I_ FOR THIS PR- OJECT TRAFFIC CONTROL SECTION 34 7I 13 SHALL BE 9 CONSIDERED SUBSIDIARY WORK,NO SEPARATE PAY. 10 2. TRAFFIC CONTROL IMPLEMENTATION,INSTALLATION, 1 I MAINTENANCE,ADJUSTMENTS,REPLACEMENTS AND REMOVAL OF 12 TRAFFIC CONTROL DEVICES SHALL BE CONSIDERED SUBSIDIARY 13 WORK.NO SEPARATE PAY. 14 3- PREPARATION OF TRAFFIC CONTROL PLAN DETAILS,ADHERENCE TO 15 CITY AND TEKAS MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES 15 (TMUTCD),OB'T'AINING SIGNATURE AND SEAL OF A LICENSED TEXAS 17 PROFESSIONAL ENGINEER SHALL BE CONSIDERED SUBSIDIARY 18 WORK,NO SEPARATE PAY. 19 C. Related Specification Sections include,but are not necessarily limited to: 20 1. Division I1—Bidding Requirements,Contract Forms and Conditions of the Contract 21 2. Division I—General Requirements 22 1.2 PRICE AND PAYMENT PROCEDURES 23 A. Measurement and Payment 24 1. Installation of Traffic Control Devices:SUBSIDIARY NO SEPARATE PAY 25 a. Ma o e..t 25 27 deft 28 . 29 b. Payment 3€3 31 and nReaswed as previded widef:'94easufement"shall be paid for at 32 efik p-iee bid fe '7 nffir r„truer". 33 E;. The pAee bid shaU ine;uder 34 35 2' Infin 36 3) Maimen 37 39 6)--Re, x 40 u Pehee istn dmingpea hews 4I 2. Portable Message Signs Crr'Y OF FORT WORTH BRIDGE REHABILiTA''TtON(2415-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGO l-539590-D202003 Revised November 22,2413 '�I 3471 13-2 r TRAFFIC CONTROL Page 2 or 6 1 a. Measurement 2 1) Measurement for this Item shall be per week for the duration of use. 3 b. Payment 4 1) The work performed and materials famished in accordance to this Item and 5 measured as provided under"Measurement"shall be paid for at the unit b price hid per week for"Portable Message Sign"rental. 7 c. The price bid shall include: 8 1) Delivery of Portable Message Sign to Site 9 2) Message updating 10 3) Sign movement throughout construction rr 11 4) Return of the Portable Message Sign post-construction 12 3. Preparation of Traffic Control Plan Details; SUBSIDIARY NO SEPARATE PAY 13 a. measuremeo 14 15 b. PaymeFt 15 17 shag be paid fer at the amt-pfice bid per each'7r-a€fie C-an"! ear 18 19 21 lenges 22 23 (T" Di 24 _ i 25 v 26 1.3 REFERENCES 1� 27 A. Reference Standards E 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification,unless a date is specifically cited. 1 31 2. Texas Manual on Uniform Traffic Control Devices(TMUTCD). 32 3. item 502,Barricades,Signs,and Traffic Handling of the Texas Department of !� 33 Transportation, Standard Specifications for Construction and Maintenance of 34 Highways,Streets,and Bridges. 35 1.4 ADMINISTRATIVE REQUIREMENTS ' 36 A. Coordination 37 1. Contact Traffic Services Division(817-392-7738)a minimum of 48 hours prior to 38 implementing Traffic Control within 500 feet of a traffic signal. 39 B. Sequencing 4Q 1. Any deviations to the Traffic Control Plan included in the Drawings must be fast 41 approved by the City and design Engineer before implementation. 42 1.5 SUBNUTTALS ,�. 43 A. Provide the City with a current list of qualified flaggers before beginning flagging 44 activities. Use only flaggers on the qualified list. CITY OF FORT WORTH BRIDGE REHAB=ATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GGOI-539590-0202003 Revised November 22.2013 1� 3471 13-3 TRAFFIC CONTROL. Page 3 of& 1 B. Obtain a Street Use Permit from the Street Management Section of the Traffic 2 Engineering Division,311 W. 10"Street. The Traffic Control Plan(TCP)for the 3 Project shall be as detailed on the Traffic Control Plan Detail sheets of the Drawing set. 4 A copy of this Traffic Control Plan shall be submitted with the Street Use Permit. 5 C. Traffic Control Plans shall be signed and sealed by a licensed Texas Professional 6 Engineer. 7 D. Contractor shall prepare Traffic Control Plans if required by the Drawings or 8 Specifications. The Contractor will be responsible for leaving a licensed Texas 9 Professional Engineer sign and seal the Traffic Control Plan sheets. 10 E. Lane closures 24 hours or longer shall require a site-specific traffic control plan. I I F. Contractor responsible for having a licensed Texas Professional Engineer sign and seal 12 changes to the Traffic Control Plan(s)developed by the Design Engineer. 13 G. Design Engineer will furnish standard details for Traffic Control. 14 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS[NOT USED] 15 1.7 CLOSEOUT SUBMITTALS[NOT USED] 16 1.8 MAINTENANCE MATERIAL SUBMITTALS[NOT USED] 17 1.9 QUALITY ASSURANCE[NOT USED] 18 1.10 DELIVERY,STORAGE,AND HANDLING[NOT USED] 19 1.11 FIELD [SITE] CONDITIONS [NOT USED] "t 20 1.12 WARRANTY [RIOT USED] 21 PART 2- PRODUCTS 22 2.1 OWNER-FURNISHED[ox]OWNER-SUPPLIED PRODUCTS[NOT USED] . 23 2.2 ASSEMBLIES AND MATERIALS 24 A. Description 25 1. Regulatory Requirements 26 a. Provide Traffic Control Devices that conform to details shown on the 27 Drawings,the TMUTCD,and TxDOT's Compliant Work Zone Traffic Control 28 Device List(CWZTCDL). 29 2. Materials 30 a. Trak Control Devices must meet all reflectivity,requirements included in the 31 TMUTCD and TxDOT Specifications—Item 502 at all times during "1 32 construction. 33 b. Electronic message boards shall be provided in accordance with the TMUTCD. CrrY OF FORT WORTH BRIaGE REMA13WATION(2415-25) � STANDARD CONSTRUCTION SPECWICATION DOCUMENTS GCOI-53959D-0202443 Revised November 22,2013 r 1P 3471 13-4 TRAFFIC CONTROL Page 4 of 6 A 1 2.3 ACCESSORIES[NOT USED] li 2 2.4 SOURCE QUALITY CONTROL[NOT USED] 3 PART 3- EXECUTION 4 3.1 EXAMINATION [NOT USED] 5 3.2 PREPARATION ,,,, 6 A. Protection of In-Place Conditions 7 1. Protect existing traffic signal equipment. 8 3.3 INSTALLATION r9 A. Follow the Traffic Control Plan(TCP)and install Traffic Control Devices as shown on 10 the Drawings and as directed. 11 13. Install Traffic Control Devices straight and plumb. 12 C. Do not make changes to the location of any device or implement any other changes to 13 the Traffic Control Plan without the approval of the Engineer. 14 1. Minor adjustments to meet field constructability and visibility are allowed. �i 15 D. Maintain Traffic Control Devices by taking corrective action as soon as possible. 15 1. Corrective action includes but is not limited to cleaning,replacing,straightening, 17 covering,or removing Devices. ° 18 2. Maintain the Devices such that they are properly positioned,spaced,and legible, 19 and that retroreflective characteristics meet requirements during darkness and rain. A� 20 E. If the Inspector discovers that the Contractor has failed to comply with applicable federal V 21 and state laws(by failing to hu-nish the necessary flagmen,warning devices,barricades, 22 lights,signs,or other precautionary measures for the protection of persons or property),the 23 Inspector may order such additional precautionary measures betaken to protect persons 24 and property. 25 F. Subject to the approval of the Inspector,portions of this Project,which are not affected by 26 or in conflict with the proposed method of handling traffic or utility adjustments,can be 27 constructed during any phase. 28 G. Barricades and signs shall be placed in such a manner as to not interfere with the sight 29 distance of drivers entering the highway from driveways or side streets. 34 H. To facilitate shifting,barricades and signs used in lane closures or traffic staging may 31 be erected and mounted on portable supports. 32 1. The support design is subject to the approval of the Engineer. 33 1. Lane closures shall be in accordance with the approved Traffic Control Plans. 34 J. If at any time the existing traffic signals become inoperable as a result of construction 35 operations,the Contractor shall provide portable stop signs with 2 orange flags,as 36 approved by the]Engineer,to be used for Traffic Control. r CITY OF FORT WORTH BRIDGE REHABI1,1TATION(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 0001-539590-0202063 Revised November 22,2015 r i 3471 13-5 19 TRAFFIC CONTROL Pap 5 of 6 1 K. Contractor shall snake arrangements for police assistance to direct traffic if traffic signal 91 2 tarn-ons,street light pole installation,or other construction will be done during peak traffic 3 times(AM:7 am—9 am.PM:4 pm-6 pm)- 4 L. Flaggers 09 5 t- Provide a Contractor representative who has been certified as a flagging instructor 6 through courses offered by the Texas Engineering Extension Service, the American 7 Traffic Safety Services Association,the National Safety Council,or other approved 8 organizations. 9 a. Provide the certificate indicating course completion when requested. 10 b. This representative is responsible for training and assuring that all flaggers are I 1 qualified to perform flagging duties. 12 2. A qualified flagger must be independently certified by l of the organizations listed 13 above or trained by the Contractor's certified flagg'ng instructor. 14 3_ Flaggers must be courteous and able to effectively communicate with the public. I" 15 4. When directing traffic,flaggers must use standard attire, flags,signs,and signals 16 and follow the flagging procedures set forth in the TIVMUTCD. 17 5. Provide and maintain flaggers at such points and for such periods of dme as may be � 18 required to provide for the safety and convenience of public travel and Contractor's 19 personnel,and as shown on the Drawings or as directed by the Engineer. 20 a. These flaggers shall be located at each end of the lane closure. 2I M. Removal 22 1. Upon completion of Work,remove from the Site all barricades,signs,cones,lights 23 and other Traffic Control Devices used for work-zone traffic handling in a timely 24 manner,unless otherwise shown on the Drawings. 25 3.4 REPAIR 1 RESTORATION[NOT USED] 1 26 3.5 RE-INSTALLATION[NOT USED] 27 3.6 FIELD[OR]SITE QUALITY CONTROL[NOT USED] 28 3.7 SYSTEM STARTUP[NOT USED] 29 3.8 ADJUSTING fNOT USED] 30 3.9 CLEANING[NOT USED] 31 3.10 CLOSEOUT ACTIVITIES [NOT USED] 32 3.11 PROTECTION[NOT USED] i 33 3.12 MAINTENANCE[NOT USED] 34 3.13 ATTACHMENTS[NOT USED] 35 END OF SECTION 36 Revision Log CrrY OF FORT WORTH BRIDGE REHABILITATION(2015-25) STANDARD CONSTRUCTION 5PECMCATION DOCUMENTS G041.539590-0202003 Revised November 22,2013 N 3471 13-6 TRAFFIC CONTROL Page 6 of 6 DATE NAME , SUMMARY OF CHANGE 11122/13 S.Arnold Added police assistance,requirement for when a site specific TCP is required I CITY OF FORT WORTH BRIDGE REHABMITATTON(2015-25) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS GG01-539590-0202003 Reused November 22.2013 Pw ATTACHMENT 1A Page 1 of 4 FORT WORTH City of fort Worth •� MBE Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime r PROJECT NAME: MAM/OBE NON-MIMDBE BID DATE e. City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER f % % Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid 'being considered non-responsive to bid specifications. ` The undersigned Offeror agrees to enter into a formal agreement with the MBE frm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. i Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1" tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL MBE=s MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. i If hauling services are utilized, the prime will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract_ The MBE may lease trucks from another MBE firm, including MBE owner-operators, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. I Rev.5130112 FORT WORTH ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppiiers,regardless of status;i.e., Minority and non-MBEs. MBE firms are to be listed first,use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE,please attach a copy of the firm's SSE certification if they have not previously registered with the City's MAVBE Office,which may be contacted for verification. Please note that only certified MBEs will be counted to meet an MSE cioal. Attach N NCTRCA Certificate ° SUBCONTRACTORISUPPLIER T n Detail Detail Company Name i Subcontracting Supplies Address e M W S M Work Purchased DollarAmount Telephone/Fax r e B B B E E E E D El 11 E L1 Rev.5130/12 TuNspoRunoN mi'PUBUC WORKS MBE REQUIRED DOCUMENTATION RECEIPT Official Date and Time 12-01 -14 A71 ,42 IN Bid Date: Y)"-ze// Project Name: Ca). Project Manager: Forms Submitted By Name: Company: Forms Received By: Name: ATTACHMENT 1.A Page 1 or 4 Fot,r WowrmCity of Fort Worth MIRE Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME! Check applicable block to describe pr1me +. North Rock Construction PROJECT NAME` —. :',�:i - =:.. N14-'IV te:'Y':)& BID DATE Bridge Repair and Rehabilitation at seven locations 11/20/14 City's MBE Project Coat. Prime's MBE Project Commirwent_ J PROJECT NUMBER 14 % 29 % 1 2015-25 Identify all subcontractorsisuppliers you will use on this project Failure to complete this form, in its entirety with requested docurnentation, and received by the Managing Department on or before 5.00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MESE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-resportsive to bid specifications MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid. Marketplace is the geographic area of Tarrant. Dallas, denten. Johnson, Parker, and Wise counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered V" tier, a payment by a subcontractor to its supplier is considered 2"0 tier ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bonda€ide minority business enterprise by the North Centrai Ter-as Regional Certification Agency (NCTRGA) or other certifying agencies that the City may deem appropriate and accepted by the City of FartWrath. If hauling services are utilized, the prime will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MESE firm, including MBE owner-operators, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MSE as outlined in the lease agreement. Kiev.5/30112 ATTACHMENT 1A Page 2 of 4 Primes are required to identify ALL subcontractoeWsuppliers,regardless of status;i.e.,Martrarity and non-MBE5. MBE firms are to be listed first,use additional sheets if necessary. If a subcontractorlsupplier is identified as an SHE, please attach a copy of the firm's SBE certification if they have not previously registered with the City's WWBE Office,which may be contacted for verification. Please note that only certified VIBES will be counted to meet an MBE noal. N NCTRCA Attach Certttficate a SUBCONTRACTORISUPPLIER n Retail [Detail Company Name i SuhcontraacOng Supplies Address e M W S M Work Purchased dollar Amount Telephom/Fax r s B B B E E E E Supreme Sawing and Sawing concrete Class 1 joint $16,725 Seal, Inc. Sealing Joints sealent ** PC box 800596 Balch Springs, TX 75189 1E ❑ P: 972-557-9858 F. 972-226-2418 U M. Material Inc. Hauling material Disposing of 9279 - PO Bax 199 material Alvord, TX 76225 940-427-3645 office 'E El ❑ �. 940-427-2789-fax Cowtown Redi Mix 4009 PSI 4000 PSI $129,219 3401 Bethlehem Avenue concrete concrete Fort worth, Tx 76111 ❑ ❑ 817-759-1919 GSI Highway products Armor Joint Armor Joint $27,408 720 Vilest Wintergreen Sidewalk Plates Sidewalk Plates Hutchins, TX 75141Rail Rail © L. 972-225-1660 x As do ❑ ❑ ❑ Rev.5=/12 R)R1'Wbra14 �— ATTACHMENT IA Page 3 of d Primes are required to idea fy ALL subcontractorsfsuppliers,regardless of status; i.e„ M3nadty and non-NIBEs. Please list MBE firm's first, use additional sheets if necessary, if a suhcontracto0supplier is identified as an SBE, please attach a copy of the funis SBE certifiGation if they have not previously registered with the City's MIV RE Office whim may he contacted for verification. Please note that only certified MBEs will be counted to meet an MBE goal. Attach 0 f�iCTfiCA Certificate es I "" SUBCON RACTORISUPPLEER T n Detail Detail CGmpany Name a Subcontracting Supplies Address e M w S M Work Purchased Dollar Amount Telephone/Fax r g B S B 9' E E E E V i ❑ ❑ �` ❑ ❑ ❑ l El ❑ ❑ ❑ ❑ ❑ ❑ Rev-5IM112 r - ATTACHMENT 1A TY"URTIVOR H -i.:i I -14 A) l =43 111 Page 4 of Total dollar Amount of MBE Subcontractors/Suppliers $ 157-323 Total dollar Amount of Non-MBB Subcontractors/Suppliers $ 27,4(]8 TOTAL.DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ ; X4.731 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and 'Women Business Enterprise Office through the submittal of a Request for Approval o Change/Addition form. ,any unjustified change or deletion shall be a material breach of contract and may a result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed VIBE goal. If the detail explanation is not submitted, it will affect the final compiiance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including VIBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agree=s to allow the transmission of interviews with owners, principals, officers, employees and applicable subtontrartors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) on tris 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 riot less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1)year. 'T' -Zg� y k, F. Cnxe7n Author ed Signature Printed Signature �re"I, pled-'" -• Title Contact Namefritle(if different) PD 1 T 1I` �C7e:�ltg �r���;o•� Z b-1,2.e]T5;7 5a d Company Name Telephone and/or Fax j a�a "p .I kGtnn m /I V-0 Cnn5�I�& o., . Lo A,, Address E-mail Address tJ�r1�0/► �X -76 -5- f - 2O i`f citylstaterzip ^^^ - tate Rev.5!30112 ATTACHMENT 113 Q Fi T (�P T Page 1 of 1 City sof Fort Worth Prime Contractor Wainer Form PRIME COMPANY NAME: - Check applicable bloat to denrabe prima Nort=h Rock Construction - 1 PROJECr?iAME: Bridge Repair and Rehabilitation at seven locatio:-s BIDDATE 11/20/14 City's NIKE Project Gaal: Prime's VIBE Prolect Commltment: - PROJECT NUMBER 14 % �---q % 2015-25 If both answers to this form are YES, do no complete ATTACHMENT 1 C (Good Faith Effort Form). All questions on this furrn 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 farm to its t3tttirsty and be received by the Managing Department on or before 5.00 .m. fine M Cl business ria after bid o ertin , exctusl�ve f the,bill ope.njng:t3ete.wffl.m.suft iri Ahe bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES if yes, please provide a detailed explanation that proves based on the size and scope of this X 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. X NO i The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBF(s) on this contract, the payment therefore and any proposed changes to the original MBE(s)arrangements submitted with this bid. The bidder also agrees to 8110w an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBEs on this contract, by an authorized officer or employee of the City. Any intentional andior 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 inftiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a materiat breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one(1]year, Au ed Signature Printed*nature TIt3e Contact Narne(K different) NQ 1?00c L rt� `�UCc 1� .� C(Ll 0 — 2,2_p- J L7® Company Name Phene Number Fax Number 72 St. Loop 5Uti4e- lJS Address €mal$Address GityfStaleMp Date Rev. 5130112 ATTACHMENT IC Page 1 of 3 FORT WORTH _ .... .�. City of Fart Worth MBE Good Faith Effort Form PRIME COMPANY NAME' Check appiicable block to describe prime oRTK Roc fror,+Ln - PROJECT NAME: - yr ` .. .---- BID GATE Cit}r's VIBE Project Gaal, Pr'ime's MBE Project Corrrmitment: PROJECT NUMBER tt the Offeror did not meet or exceed the MSE subcontracting goal for this project the Offeror must complete this form. If the Olfferor's method of compliance with the MEE goal is based upon demonstration of a "good 'faith effort", the Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 'I thru 11 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional andlor knowing misrepresentation of the facts or intentional discrimination by the Offeror. Failure to complete this form, in its entirety with supporting documentation,and It being submitted to and received by the Managing Department on or before 5:00 p.m.five (5)City business days after bid opening, exclusive of bid opening elate,will result in the bid being ronsidered non-responsive to bid specifications. 1.j Please list each and every subcontracting andlor supplier opportunity for the completion of this project, regardless of whether it Is to be provided by a MBE or non-MBE. (DO NOT LIST NAMES OF FIRMS) On all projects, the Offerer must list each subcontracting and or supplier opportunity regardless of tier. (Use additional shoets, it necessary) List of Subcontracting Opportunities List of Supplier Opportunities -- -- .e Rev-5;317112 ATTACHMENT 1G Page 2of3 21 Obtain a current(nest more than two(2) months old from the bid open date) list of MBE subcontractors and/or suppliers from the City's WINBE Office or the City's website. Yes Date of Listing �No 3.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously fisted, at least ten calendar days prlor to bid opening by mail, exclusive of the day the bids are opened? Yes (if yes,attaeh M13E mall listing to ineiude name of f rm and address and a datO copy of letter mailed.) =No 4.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas prevlously listed, at least ton calendar days prior to bid opening by talephane, exclusive of the day the bids are opened? Yes (If yes,attach flat to include nares of MBE firm,person contacted,phone number and cute and time of contart.i No 5.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile(fax), exclusive of the day the bids are opened? __Yes (If yens,attach ilst to include name of MHE firm,fax number and date and time of contact. In addltlon,If the fax is returned ars undeliverable,then that"undeliverable Confirmation"received must be printed directly from the facsimile for propw documentation. Failure to aubralt confirmation and/or"undeflverable canfirrnatlan" documwntation may render the GFE no n-fesponalvej No 6,) Did you solicit bids from MBE firms, within the subcontracting anti/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 MSE firm,date and time.In addition.if an email is returned as undeliverable,then that"undeliverable message"receipt must be printed directly from the emal I system for proper documentation. Pal Wre to submit confirmation andlor"undeltverable message"documentation may render the GFE non-responsive.} _]:LNo NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods In order to be deemed responsive to the Good Faith Effort requirement. INOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7.) Did you provide plans and specificatiions to potential MBEs? H No No S.) Did you provide the information regarding the location of plans and specifications In order to assist the MBEs? Yes IINo Rev.&30t'.2 ATTACHMENT 1C Page 3 of 3 3. Did you prepare a quotation for the MBEs to bid on goodatservices specific to their skill set? Yes (if yes,attach alt copies of quotations.) _+�_Na 1D,) Was the contact information on any of the Ilstings not valid? Yes (if yes,attach the Information that was not valid to order for tha MANSE Office to address the corrections needed.) __aNts 11.)Subrnit documentation if MBE quotes were refected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. Please use additional sheets,ff 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 MBE participation on this project. The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual worm performed on this contract, the payment thereof and any proposed changes to the original 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 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 shall create a material breach of Rev.W30112 ATTACHMENT 1C Page 4 of 3 contract and may result in a determination of an irresponsible offeror and debarment from participating In City work for a period of time not less than one (1) year. The undersigned certifies that the Information ;provided and the MBE(s) listed wastwere contacted in good faith. It is understood that any MBE(s) listed in Attachment 1C will be contacted and the reasons for not casing thorn will be verified by the City's NIMBE Office. join F. 62u Auttforized Signature Printed Signature Title Contact Name and Title(if different) Company dame 1 Phone Number Fax Number k3:2a eco C C 0 f-eyeAtIpf2r C>.., Address Ers ailp Address De.-soon Tar ?62- v5- ► t_- 14& - r City/SfatelZip late #leu. 5/30112 Joint Vellum Page 1 of 3 CITY OF FORT WORTH MBE Joint Venture EliebiUty Form A11 ques7ions must be answered;use"N/4"ljnot appficable. �• Name of Citic project: A joint❑canoe Coapt mW be completed au=h project RFPBidlPurchasing Number: •" 1.Joint venture information: Joint Venture Narrate: Joint Venture Address: (if appitcable) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Pleese attach extra sheets ffaddiUonai spare Fs required to provide delalled explanations of work to be pertommd by each firm wrWrWV the pini venture +� MBE firm Non-MBE firm Gagne' name; Buunew Addrmc Business Addrm: �m City,Statc,ZIP: City,Stale,Zip__ Telephone i Facdnlile L MBU Telepbmx Fecsimilc w Grilular Cellular Certification Status: E-mail address Name of Ce Agency: •2:>:;:5::•`.;.: _2%11:",. ;:::;k;.------r: ;:<>:;:,,::,::-XI,"'.:5:.2,i:v:;:•:,<;:;::::;:>;;;: `:>:;; .... :.,ir:t:i:'21S5:6sr?%?r:>•¢. }y{ {gyp .'•:;iDii:::i';:i::-.:•:;::v+: _ _ :i:;9 :%: ;: is i ::% :;::::.::: .:•. Scope of work performed by the Joint Venture: Describe the scope of work of the MBE: Describe the scope of work of the ann-MME: Fiev.5131)112 Joint Venture Page 2 of 3 3.What is the percentage of NIBE 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: Da not cosrpletee f ehiv inforrnation is injoint venture agme t) Profit and loss sharing. - Capital contributions,including " equipment: -- - - --- Offier applicable ownership interests: 6. identify by name,race, sex and firm those individuals(with titles)who are responsible for the day-today management and decision making of the joust ventures Finwtcial decisions (to incluci Accaunt Nyable atx3 Re�eivablej: PN Management decisiotzs: a. Estimating la. Marketing and Stales -- i I c- Hiring and Firiag of management Personnel d. Purchasing of major equipment and/or supplies x Supervision of field operations i i I The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MBE percentage applied toward the goal for the project listed on this form. ,NO'rli: From and after the date of project award. if any of the participants, the individually defined scopes of wark or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's BIDE Ordinance. Rev.6W12 Joint VenWre Pape 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-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture as eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits,interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fart 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 tinder Federal, State and/or Local laws/ordinances concernimg false statements or willful misrepresentation of facts. .........................ti..__.--------------------- Nance of MAt;t'uru '+fame of¢[�n_VL36 firm /hinted N arm of CKVMt Printed Name of Owoer 5ignatui.of Owner signature ofUwuer Pnnmed Name of owner Printed Name of Owner Signature of Owner signature ofowna Title Title Dam Date Notarization State of County of On this clay of , 20 ,before nue at and to me personally Down and who,being duly sworn, did execute the foregoing affidavit and did state that they werc pr!perly authorized to execute this affidavit and did so as their free act and deed. 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W �J] tiiI CC w .0 0 G ;0, G � r * C CD N b mc rG a: Q G C7 UCN 2 N N 0 CV coo I N r v v Q ° co co (•7 i z ;'i L LL a � J ° '4= 'Q d � w ta /may a a' n U 9 fs3 r �e c d y U ?l7jrpiA' � IQC A -�,� ''��` ..- ��,,,�,' �.�y1��fl •: rt.,� ..+��" V-14 . d7 t.r�+rnrh. t ;y s +w _ •e x: ,� ,�.--'!t( L�r R�_ ,st i .a�sf i�` Y'' w'�'•'f., c,ys<a - �! w a •y � w ty. � �Ysy�',*:x, 'moi. �� � i 1.J � •G 4�,-n° �!i, f.• po CIS 0 �l all ■M m v, C ` �T. »V LU �I r U) T�w N z C 2� v�G,..-,.= m � � "� �� �/] � •cam. eu! �*1 - .:- 3 'iIJ "C� N 0 1 0 CL co Piz {p ■ �fL co ❑ n a) - = m ry 0 Per [17 w Q Q} 44 I — U ~II r _ 41 a.] .4• - � � � � fd y� •rj�' 4 � L-'J� PWy.t: Ny 1 ;,rJ �d5+- ..h t ^�J► t +�r _ � ,1 � � �: '="C'°"r• .011,'"•L* °.�, �"1�'�:. a�!�q3�i� .w � m• !w,;.���.ia• � �' -• ATrACWF-ur 1A Paye 1 of 4 FORT WOR-I'El City of Fort Worth MBE Subcontractors/SuppliersUtilization Furan PRIME COMPA14Y NAME: Ctmck applicable blim*to daMAM prime North Rock Construction PROJECT NAME: BID OATS Bridge Repair and Rehabilitation at seven locations 1-1/20/14 City's USE Project!Gaal: Prime's ARSE Pmfeat Commltm mt PROJECT NUMBED 14 % ?1 . 7 % 2015-25 Identify All subcontractors/suppliers you will use on this project Failure to complete this foray, in its entirety with requested documentation, and reowyed by the Managing Department on or before 5:00 p.m.five (5)City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned O femr agrees to enter into a fomlal agreement with the MBE firm(s) listen in this ublizabon schedule, conditioned upon execution of a contract with the City of Fort Worth, The intentional aridlor krxving misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being Considered non-responsive to bid specifications MSE% dated toward meeting the project goes must be located In the six(S) county marketpiace et the time of bid. Marketplace is the geographic area of Tarrant dally Denton Johnson Parker, and Wise count es. I Identify each Tier level. Iter is the level of subcontracting below the prime contractor, i.e., a direct j payment frorrl the prune contractor to a subcontractor is considered t'� tier, a payment by a subcontractor to 1 f its supplier is considered 2"' tier ALL. MBEs MUST 8E CERTIFIED BEFORE CONTRACT AWARD. Certification means those farms, 1wated within the Marketplace,that have been aetermire to be a bondafide minority business ent iprise by the Porth Central Texas Regional Certification Agency (NCTRCA) or other certif' ing agencies that the Cfty may deem appropriate and accepted by the City of Fart W Orth. If hauling services are utlllxed, the prime will be given credit as tong as the MBE listed owns and operates? I at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MEE owner-operalors, and receive full MBE credit. The MEE may lease trucks Sfrom nevi-MBEs, including owner-operators, but vWl only receive credit for the fees and commissions earned by!the MBE as outlined in the lease 2greement. _I Rev,51331'12 �fll�I� [tltlt4 ATTACHMENT 1A Page 2of4 Nines ars:required to ideffi fy ALL subwntradam?suppliers,regardless of atatua;i.e., MBE firms axe to be Listed first.r►se addRiorml sheets if necessary. if a suboantractarlsuppWr is identiffed as an SBE,please aftaoh a copy of the firma SBE certification if they have not previously registered witty the City's MWSE Office,which may be oontactsd for verrkation. Please_note that only certified NBEs vAlt be counted to meet an MBE QW1. M ; HCTRCA C ftCh v " SUBCONTRACTORISUPfPLIER " Denali Detes" j Corrtpsny Mame I SubconrtracOng Suuppiles ?oiler Amount j Address a M w S N Work Pwchasaed TelepltcMelFex r 9 B B a E !Supreme Sawing and I Sawing concrete "lass 7 Joint $18,725 "Seal, Inc_ j Sealing Joints sealent PQ box 800596 Balch Springs, TX 7518+0 1 x P: 972-557-9858 F: 972-226-24'18 I i J. M. Material Inc. Hauling material Disposing of S 9,'379 PG Bax 199 material Alvord, TX 76225 ��}} 1940-427-3645 office 940-427-2789-f2x i Gowtown Redi Mix 4000 PSl 400[ PSI 'I49,Z19 13461 Bethlehem Avenue concrete concrete i Fort Worth,TX 76111 817-759-1919 � l i GSI Highway products Armor Joint Armor Joint 27,4t!$ 720 West Wintergreen Sidewalk Plates Sidewalk Plates Hutchins, TX 75141iRail Rail �. 972-225-16160 OEI x f � 0 r 11 I 0 Q i Rev.WW02 ATTACHWN7 3A Fou WOK H P&qW 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers s 137,323 Total Dollar Amount of Non-MBE Subcontractors/Suppliers $ 27,4f,13 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORSfSUPPLIERS $164,731 The Contractor will not make additions, deletions, or substitutions to this certified list wunthout the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval ref; ChangelRddiCion farad. any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor small subrrit a! detailed explanation of how the requested changeladdition or deletion will affect the committed MBE gnat, if the detail explanation is not submitted, it will affect the final compliance determination. _I By affixiag a signature to this form, the Offeror further agrees to provide, directfy to the City upon request, complete and accurate information regarding actzjal work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company_ The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcortitractorsisuppfiers participating on the contract that Wil substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee of the City, Any intentional and/or knoWng misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements_ Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1)year. Author ure Printtd11gnatum _PCe.5+ — ?Slle Contact Namernlia(tf diftarant) Cam pa7VName Telephone andiar Fax Sy. L-Wo Address .� +rrAN Address S'1i``o n GUS ! l c1 f z o i S cltwstateatp r hale Rev.51300 M&C Review Page 1 of l Official slte or the Gty of Fort Worth,Texas CITY COUNCIL AGENDA F-- =T r COUNCIL ACTION: Approved on 1012912013 REFERENCE ,, 20PREVAILING WAGE am DATE: 10/29/2013 NO.: C-25534 LOG NAME: RATES 2013 CODE: C TYPE: CONSENT PUBLIC NO HEARING; SUBJECT. Adopt 2013 Prevailing Wage Rates for City Awarded Public Works Projects(ALL rCOUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached 2013 Prevailing Wage Rates for City- awarded Public Works projects. DISCISSION: Texas Government Code Chapter 2258 requires that a public body awarding a contract for Public Works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract. The public body is required to specify in the bid documents for any Public Works contract, and in the contract itself, the wages as determined and adopted by the public body. The attached 2013 Prevailing Wage Rates data for Heavy and Highway Construction projects identifies the current Davis-Bacon Act prevailing wages for heavy and highway construction projects applicable to the local wage rate zone. The attached 2013 Prevailing Wage Rates data for Commercial Construction projects identifies average wage rates based on a salary survey conducted and published by the North Texas Construction Industry(Fall 2012). The 2013 Prevailing Wage Rates will be included in future City-awarded infrastructure bid documents and contracts once adopted. FISCAL INFORMATION10ER71FICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/AccountJCenters FROM Fund/AccounVCenters Submitted for City Manager's Office by: Fernando Costa(5122) Originating Department Head: Douglas W.Wiersig (7801) Additional Information Contact: Roy Teal(7958) ATTACHMENTS NewCOFW Hor. cif NewCOFW Vert.od http://apps.cfwnet.org/council_packet/mc_review.asp?ID=19155&counci ldate=10/29/2013 11/7/2013 2018 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,Hydrauiic 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 IPss $ 17.19 Excavator Operator,Over 50,040 pounds $ 16.99 w Flagger $ 10.06 Farm Builder/Setter,Structures $ 13.84 Form Setter,Paving&Curb 5 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/Puiverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator,Asphalt $ 13.08 Railer Operator,Other $ 11.51 Scraper Operator $ 12..96 Servicer $ 14.58 Small Slipform Machine Operator S 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 clasaEfications listed are detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway, 1 Heavy,Utilities,and Industrial Construction in Texas. Page 1 of 1 2013 PREVAILING WAGE RATES (Commercial Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling Installer Helper $ 12.70 Bricklayer/Stane Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/5awer $ 17.00 Concrete Cutter/Saver Helper $ 11.40 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 1150 Electrician(Journeyman) $ 19.63 Electrician Apprentice(Helper) $ 15.54 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 I Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building Assembler Helper $ 12.00 Metal Installer(Miscellaneous) $ 13.00 Metal Installer Helper(Miscellaneous) $ 11.00 Metal Stud Framer $ 15.12 Metal Stud Framer Helper $ 12.54 Painter $ 16.44 Painter Helper $ 9.98 Pipefitter $ 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Page I of 2 Reinforcing Steel Setter Helper $ 11.D8 Roofer $ 15.90 Roofer Helper $ 11.15 Sheet Metal Worker 5 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Steel Worker Structural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane,Clamsheel,Backhoe,Derrick,D'Une Shovel $ 19.31 Forklift $ 15.45 Foundation Drill Operator $ 22.50 Front End Loader $ 15.97 Truck Driver $ 15.77 Welder $ 19.95 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry(Fall 2012)independeitly compiled by the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXC7's(The Construction Association)website. wwwrexoassociation,org/Chapter/wagerates.asp I Page 2of2 4. ¢4 �FORT WORTH. 6-2 3.. -L__Pro ' ect Title 4` 82 Funding 4 1 2 -- _ Contractor: 1„ 22 Contractor's Name 2 ,�.. 12 _ Questions on this Project Call: 12o — �8 7� 392 - XXXX _ 12. - After Hours Call: (817) 392 - XXXX 2 .. L RI"TYP. 111TYP. FONTS- NOTES: FORT WORTH LOGO IN CHELTINGHAM BOLD IF APPLICABLE TO THE PROJECT, ALL OTHER LETTERING IN ARIAL BOLI] CONTRACTOR SHALL OBTAIN VINYL STICKER"CITY GAS LEASE REVENUE COLORS: IN ACTION"1 LOGO AT CDR SIGN AND FORT WORTH-PMS 288-BLUE ENGRAVING, 6311 EAST LANCASTER LONGHORN LOGO-PMS 725-BROWN AVE (817-451-4684), FEEL AND PLACE LETTERING-PMS 288-BLUE IN FUNDING SECTION- BACKGROUND-WHITE BORDER-BLUE r- PROJECT DESIGNATION SIGN CITY OF FORT WORTH - CONSTRUCTION STANDARD DRAWING No. i - H GATE: AP-1 Bridge Locations, Quantity Summaries, Plans and Details 1 o WNE 0 �z f9 w. xm w aw c PM all iv W �C) { � N z w k W Da w O O I . p� G .b f .0 pq _ /1/ a •�T � S a B rn � 8 pq. 4 � o All MM � Y M d W s ),1\Nv . 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