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Home My WebLink AboutContract 46955 MY q CONTMcr No. FORTWORTH CITY SECRETARY r wa Na wJibkwww.�ta rwwartr..f�✓/u�5Wa2JJ�lw9JW( / r w MOO PROJECT MANUAL I k L"won--l' 7 FOR THE CLEANING OF Digester Cleaning at Village Creels WRF City Project Into. WTR-201 300031 r Betsy Price David Cooke � Mayor City Manager John Robert Carman Director, Water Department �' � b Andrew T. Cronberg, P.E. Assistant Water Director Engineering and Regulatory Compliance k Sebastian Fichera, REM Assistant Water Director, Pollution Control David Townsend,P.E. Facilities Engineering Manager � :�6 Madelene Rafalko,P.E. Project Engineer g!'bp99pg9gsMgq409qq9 @ @q�$4aP9 '4�gg9� p+ R MRDELENE RAFALKO gq ��ooa900090266 oog oo+ f1 Y!3 gp/ P r�{ s April 2015 Water Department, Engineering and Fiscal Services �, 1 i M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT WORTH COUNCIL ACTION: Approved on 7/21/2015 REFERENCE ** 60DIGESTER CLEANING - DATE: 7/21/2015 N® : C-27379 LOG NAME: RENDA ENVIRONMENTAL CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Renda Environmental, Inc., in the Amount of $377,000.00 for the Digesters Cleaning at Village Creek Water Reclamation Facility and Provide for Project Costs and Contingencies for a Project Total in the Amount of $409,620.00 with Two Renewal Options (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Renda Environmental, Inc., in the amount of$377,000.00 for the Digesters Cleaning project at Village Creek Water Reclamation Facility. DISCUSSION: The Village Creek Water Reclamation Facility Digesters Nos. 2 and 5 have been in service since 1956 and were cleaned in 1983. The digesters need to be taken out of service and cleaned so a structural inspection can be conducted to determine if any structural rehabilitation or modification is required. This project includes removal of all solids, rags and other material from the digesters and disposal at the municipal landfill. The digesters need to be washed down and cleaned properly for evaluation. This project was advertised for bid in the Fort Worth Star-Telegram on April 9, 2015 and April 16, 2015. On April 23, 2015, the following bid was received: Bidder 11 Bid Contract Time Benda Environmental, Inc. $377,000.00 1190 Calendar Days In addition to the contract cost, $22,620.00 is provided for project contingencies, $10,000.00 is required for staff support and inspection by the Water Department for the initial contract and each renewal option. RENEWAL OPTION - This Contract to clean two digesters per budget year, may be renewed up to two times at the City' s option. Execution of the renewal options will not require additional City Council authorization provided that sufficient funds for each renewal have previously been appropriated. M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the M/WBE Office, in accordance with the M/WBE or BDE Ordinance, because the purchase of goods or services from source(s) where subcontracting or supplier opportunities are negligible. This project is located in COUNCIL DISTRICT 5. 1P ///W /CTrrninc/F.nginPPSin�r/MTR/V( WWTP/nMTFCTFR0/.?O 'T.FANTNCT0/ 0PR(11FCT/R1enJ0/)0Tan1r R/�/7()15 M&C Review Page 2 of 2 FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendation, funds will be available in the current operating budget, as appropriated, of the Water and Sewer Fund. There is currently $800,000.00 appropriated in the budget. As of June 20, 2015, there is $440,454.13 available for this type of activity. Prior to expenditure being made, the Water and Sewer Fund, has the responsibility to validate the availability of funds. TO Fund/Account/Centers FROM Fund/Account/Centers PE45 539120 0705006 $409.620.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: John Carman (8246) Additional Information Contact: Seiavash Mir (8246) ATTACHMENTS 60DIGESTER CLEANING R NDA ENVIRONMENTAL map.pdf Fi LP ///XAI•I(:rni irc/Fnrr;" -;r -I NA TA Q'PUD0/7(1(VT RAATITTI,O/-')ODD CI YVC'"T/Dlo,,AOI11'r -,1, Q/S/7(11 G s u P FORT WORTH PROJECT MANUAL FOR THE CLEANING OF Digester Cleaning at Village Creek WRF City Project No. WTR-2015-300031 Betsy Price David Cooke Mayor City Manager John Robert Carman Director, Water Department Andrew T. Cronberg, P.E. Assistant Water Director Engineering and Regulatory Compliance Sebastian Fichera,REM Assistant Water Director,Pollution Control David Townsend,P.E. Facilities Engineering Manager Madelene Rafalko,P.E. ,��f E.•Q«T�c Project Engineers r?�r + * ►� MADELENE RAFALKO j ,a;• 90266 ll lQ ljj9�A''• ENS rQ�iv'w'�� F ... �pMAL April 2015 Water Department, Engineering and Fiscal Services q 'b /Zv F E FORT WORT Ho. i City of orb Worth Standard Construction Specification Documents Adopted September 2011 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page l of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00 -General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 0043 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 0045 26 Contractor Compliance with Workers' Compensation Law 0045 40 Minority Business Enterprise Waiver 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 0072 00 General Conditions 0073 00 Supplementary Conditions Division 01 -General Requirements 01 00 50 Definition and Terminology 01 10 50 Payment Procedure 01 11 00 Summary of Work 01 31 19 Preconstruction Meeting 01 31 20 Project meetings 01 32 16 Construction Progress Schedule 01 33 00 Submittals 01 33 03 Special Project Procedures 01 3600 Quality Control 01 42- 00 Inspection 0150 00 Temporary Facilities and Control 01 70 00 Mobilization and Remobilization 01 58 13 Project Signage 01 74 23 Cleaning 0177 19 Closeout Requirements Division 02 -Existing Conditions CITY OF FORT WORTH - Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised November 22,2013 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 NOT IN USE Division 03 - Concrete NOT IN USE Division 26 -Electrical NOT IN USE Division 31 -Earthwork NOT N USE Division 32 -Exterior Improvements NOT IN USE Division 33 - Utilities NOT IN USE Division 34 -Transportation NOT IN t USE Division 02 -Existing Conditions NOT IN USE Division 03 - Concrete NOT IN USE Division 26-Electrical NOT IN USE Division 31 -Earthwork NOT IN USE Division 32 -Exterior NOT IN USE Division 33 - Utilities CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised November 22,2013 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 NOT IN USE Division 34 -Transportation Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S WTR-2015-300031 Revised November 22,2013 0005 10-1 MAYOR AND COUNCIL COMMUNICATION(1-41&C) Page I of 1 SECTION 00 0510 NIA.YOR AND COUNCIL CONMJNICATION(M&C) END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Digester Cleaning W Revised July 1,2011 TR-2015300031 SECTION 00 05 15 ADDENDA END OF SECTION City of Fort Worth Digester Cleaning Standard Construction Specification documents WTR-2015-30031 Revised July 2011 00 11 13-1 INVITATION TO BIDDERS Page 1 oft SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS . Sealed bids for Digester Cleaning at Village Creels Water Reclamation Facility will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth,Texas 76102 Until 1:30 P.M. CST, Thursday, April 23,2015, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORD The major work will consist of the (approximate)following:Furnish all material, equipment and all necessary appurtenances and incidental work to remove all of accumulated material from 2 digesters designated as City of Fort Worth Water Department Digester Cleaning at VCWRF Project Number WTR-2015-300031 PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre- qualified by the City at the time of bid opening. The procedures for qualification and pre- qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http:/hvww.fartworthrrov:ol /purcllasin!and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The Contract Documents may be downloaded,viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from City of Fort Worth, 1000 Throckmorton Street Water Department 2°d Floor,Fort Worth Texas 76102. Contact Seiavash Mir, Project Manager at 817-392-8404. The cost of Bidding and Contract Documents is: No Cost NOTICES: The City has the right to renew this contract for three (3) one year term/expenditure based on total base bid under the same terms. City shall give (60) day notice prior to expiration of one year from the date of execution. CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 00 11 13-2 INVITATION TO BIDDERS Page 2 of 2 PREBID CONFERENCE A pre-bid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: April, 13 2015 TIME: 9.00 AM PLACE: Village Creek Water Reclamation Facility 4500 Wilma Lane Fort Worth Texas 76102 LOCATION: Conference room CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Seiavash Mir,Project Manager. City of Fort Worth Water Department Email: seiavash.mir@fortworthtexas.gov Phone: 817-392-8404 AND/OR Attn: Madelene Rafalko, P.E. Project Engineer. City of Fort Worth Water Department Email: Madelene.Rafalko r@i fortworthtexas.gov Phone: 817-392-8215 ADVERTISEMENT DATES April 9, 2015 April 16, 2015 END OF SECTION CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 0021 13-1 INSTRUCTION TO BIDDERS SECTION 00 2113 INSTRUCTION TO BIDDERS 1. Defined Terms 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm,partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2.Nonresident Bidder: Any person,firm,partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided)makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2.City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequal fication.of Bidders (Prime Contractors and Subcontractors) 3.1.All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding.Bids received from contractors who are not prequalified(even if inadvertently opened) shall not be considered. Prequalification requirement work types and documentation are as follows: 4. Examination of Bidding and Contract Documents,Other Related Data, and Site 4.1.Before submitting a Bid, each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data"referred to in Paragraph 4.2.below).No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. City of fort Worth Digesters Cleaning Standard construction specification documents WTR-2015-300031 Revised July 2011 0021 13-1 INSTRUCTION TO BIDDERS 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost,progress,performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress,performance or furnishing of the Work. 4.1.4. r�krt�e tkrt r ;' r 7fr �s ,rr` ='a�it 13re;f;7 � r E'a'i7s C-at trt Bf�7�2j41Y��£c�c�e7 l, tFlEnl'clitnC:G—�'JiiT Tittl7 wTl+rlfif tiiG—��—ti1 (11'rt$ itedtars�nl; :. ±ll-kc—r€fsaull�pl�s tune this 4.1.5. Shady all: (i)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities)that have been identified in the Contract Documents as containing reliable "technical data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish.All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Perform independent research,investigations,tests,borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. On request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations,tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations,tests and studies. City of fort Worth Digesters Cleaning Standard construction specification documents WTR-2015-300031 Revised July 2011 0021 13-1 INSTRUCTION TO BIDDERS 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work,time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation,research,tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima-facie evidence that the Bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of. 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities)which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents,but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data,interpretations, opinions or information. 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) that Bidder has complied with every requirement of this Paragraph 4, (ii)that without exception the Bid is premised upon performing and furnishing the-Work required by the Contract Documents and applying the specific means,methods,techniques, sequences or procedures of construction(if any)that may be shown or indicated or expressly required by the Contract Documents, (iii)that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc.,have not been resolved through the interpretations by City as described in Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. City of fort Worth Digesters Cleaning Standard construction specification documents WTR 2015-300031 Revised My 2011 0021 13-1 INSTRUCTION TO BIDDERS 4.4.The provisions of this Paragraph 4,inclusive, do not apply to Asbestos,Polychlorinated biphenyls (PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract Documents. 5. Availability of Lands for Work,Etc. 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained,the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions received after this day may not be responded to.Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 Atin: Seinvnsh 11Iir, Fort YYorth Water Department Fax: 817-392-8195 Email: Seiavash.mir @oi-nvorthtexas.,ov Phone: 817-392-8404 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. City of fort Worth Digesters Cleaning Standard construction specification documents WTR-2015-300031 Revised July 2011 0021 13-1 INSTRUCTION TO BIDDERS 6.3.Addenda or clarifications may be posted via Buzzsaw at r https://projectpoint.buzzsaw.com/fortworthgov 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, City may consider Bidder to be in default,rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults: The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. 8. Contract Times The number of days within which, or the dates by which,Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and.ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract,if awarded,will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or"or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. City of fort Worth Digesters Cleaning Standard construction specification documents WTR-2015-300031 Revised July 2011 0021 13-1 h 1STRUCTION TO BIDDERS 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives,the words "No Bid," "No Change," or "Not Applicable"may be entered. Bidder shall state the prices, written in ink in both words and numerals, for which the Bidder proposes to do the work contemplated or fiirnish materials required. All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals,the price in written words shall govern. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner,whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of which shall be filled in on the Bid Form. 12.10. Pdstal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance to State Law Non Resident Bidder. City of fort Worth Digesters Cleaning Standard construction specification documents WTR-2015-300031 Revised July 2011 0021 13-1 INSTRUCTION TO BIDDERS 13. Submission of Bids. Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, at the dime and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number,Project title,the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope with the notation"BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.After all Bids not requested for withdrawal are opened and publicly read aloud,the Bids for which a withdrawal request has been properly filed may, at the option of the City,be returned unopened. 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any)will be made available to Bidders after the opening of Bids. 16. Bads to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion,release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. City of fort Worth Digesters Cleaning Standard construction specification documents WTR-2015-300031 Revised July 2011 0021 13-1 INSTRUCTION TO BIDDERS 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders,Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 1.7.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs,maintenance requirements,performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders,proposed Subcontractors, Suppliers and other persons and organizations to perform and famish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization,work of a value not less than 35% of the value embraced on the Contract,unless otherwise approved by the City. 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. City of fort Worth Digesters Cleaning Standard construction specification documents WTR-2015-300031 Revised July 2011 0021 13-1 INSTRUCTION TO BIDDERS 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds, Certificates of Insurance, and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION u: City of fort Worth Digesters Cleaning Standard construction specification documents WTR-2015-300031 Revised July 2011 I 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of I SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent(hereinafter also referred to as "you")to a City of Fort Worth (also referred to as "City")procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form)below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below. hLLD://zwvtiv.ethiCS.StaLe.t:,'.LIS/forms/CIO.I)df htic://ww Y�-.ethics.state.t~�.us/forns,�CIS.hdf 0 CIQ Form is on file with City Secretary F7 CIQ Form is being provided to the City Secretary 0 CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDER: ' r e r By. Company (Please Print) 5 6r e-ZA Zc! Signature: ..... Address y7 /'or L✓o�/ J Y / �� Title: �,,N ,r....w r",•,w/ aw.,6 s .,w. � m. City/State/Zip (Please Print) END OF SECTION CITY OF FORT WORTH Digesters Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised March 27,2012 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Digester Cleaning at Village Creek WRF City Project No.: WTR-2015-300031 Units/Sections: 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a_ "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders,with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 0041 00 BID FORM Page 2 of 3 d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. List work type here or space b. List work type here or space c. List work type here or space d. List work type here or space 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 90 days days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00.42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 1 i 0041 00 BID FORM Page 3 of 3 subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid <use this if applicable, otherwise delete $0.00 Alternate Bid <use this if applicable, otherwise delete> $0.00 j Deductive Alternate<use this if applicable, otherwise $0.00 Additive Alternate <use this if applicable, otherwise $0.00 Total Bid $0.00 7. Bid Submittal This Bid Is submitted on ,Month Day, Year � ` ,by the entity named below. f Respectfullysulk' ted, Receipt is acknowledged of the Initial B following Addenda: y Addendum No. 1: (Signature) Addendum No. 2: Addendum No. 3: Printed Name Here Addendum No-. 4: (Printed Name) Title: 1"iile f ee Company Corporate Seal: Address: „ddr : Address Here or Space City, State Zip Code Here State of Incorporation: State Here Email: Your Email Address Here Phone: Your Phone Number Here "x0'� END OF SECTION r I CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook -- Section 00 42 43 Proposal Form Unit Price 'dde ' Bi r s Application Project Item Information Bidder's Proposal Bid Unit of Bid Unit Price Bid Value Item No Description Measure Quantity k 1 Mobilization and demobilization of all equipment, services and LS _ r 7 personnel needed to complete material removal for this project. j 2 Removal of all material from Blend Tank and one digester, TON 4 000 ` dewatering of removed,material using belt press equipment S provided by Contractor and transporting all dewatered material to an appropriate landfill for disposal. Total Base Bid � � J NOTICE: 1. The City has the right to renew this contract for three (3) one year termyexpenditure based on total base bid under the same terms. City shall give (60) day notice prior to expiration of one year from the date of execution. 2. Completion Time for this Project is 90 days (calendar). Digesters Cleaning WTR-2015-300031 00 43 13 BID BOND Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) Company Name Here hereinafter called the Principal, and (Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of and No/100 Dollars ($ .00), the payment of which sum will be well and truly made and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Digester Cleaning at Village Creek WRF 0 NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of 2015. By: Company Name Here (Signature and Title of Principal) *By: 0 (Signature of Attorney-of-Fact) *Attach Power of Attorney (Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the 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, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: r 6" aw Company Name Here By: Printed Name Here tki f Address Here :.° Address Here or Space (Signature) City, State Zip Code Here. Title: Title Here o Date: ' � r END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_13id Proposal Workbook SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12,Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven(7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application,the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate Charter, Articles of Incorporation,Articles of Organization, Certificate of Formation,LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun&Bradstreet.This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 (2) To be satisfactory,the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within F the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact,independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America.This must be stated in the accounting firm's opinion. It should: (1) express an unqualified opinion, or(2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital=current assets—current liabilities)by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time a new financial statement is being prepared,the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report,the notation of "None" or"N/A"should be inserted. (2) A minimum of five(5)references of related work must be provided. -(3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer,model and general common description of each piece of equipment.Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-30003] Revised July 1,2011 0045 12-1 PREQUALIFICATION STATEMENT Page 1 of I SECTION 00 4512 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Prequalification Contractor/Subcontractor Company Name Expiration Date - T e The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER. „ 7 By: f-f (Pleas Pr, t) Company I „�c l� 64,1 Signature: ' Address Title: ' City/State/Zip (Please Print) Date: /� 2 3 END OF SECTION r Digesters Cleaning CITY OF FORT WORTH WTR-2015-300031 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RPVIRB(♦.Tiny 1.2011 1 t E FO RT WO RT H SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION C)I Date of Balance Sheet Mark only one: Individual Limited Partnership „�G „✓%r�,,,,��G �� General Partnership Name under which you wish to qualify Corporation Limited Liability Company Post Office Box City State Zip Code Sol 6r^ec„6e if Street Address (required) City State Zip Code 171 5771 q3J11 171 S7 ► G7�3 b��V,r�r�,�c,�V%rorr+,e.v�'a/.cow Telephone Fax Email 75-- 2 y 12 SC,2 Texas Taxpayer Identification No Federal Employers Identification No. 37- -7q7 - -2210 DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION” 0045 13-2 BIDDER PREQUALIFICATION-APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) ® Has fewer than 100 employees and/or Has less than$6,000,000.00 in annual gross receipts OR Does not.meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring- Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60 inches, and 350 LF or less Tunneling- 36-Inches—60—inches, and greater than 350 LF Tunneling—66" and greater, 350 LF and greater Tunneling—66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development,24-inches and smaller. Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission,Development,42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development,All Sizes Water Transmission,Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV, 48-inches and smaller i S CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 0045 13-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP,All Sizes Sewer Collection System,Development, 8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System,Development, 12-inches and smaller Sewer Collection System,Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning , 24-inches and smaller Sewer Cleaning, 42-inches and smaller Sewer Cleaning , All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction(15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER$1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction(15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 0045 13-4 BIDDER PREQUALIFICATION APPLICATION age 4 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER on been in business as a general contractor under your present 2. How many years has your organizati name? List previous business names: 3. How many years of experience in / 5,' v�G�J /1/j�^,�,� construction work has your organization had: (a) Asa General Contractor: Z_3 / (b)As a Sub-Contractor: r organization completed in Texas and elsewhere? 4. *What projects has you ME AND DETAILED _ CLASS LOCATION l\ CONTRACT OF DATE CITY-COUNTY- WHOM YOU REFER TO AMOUNT WORK COMPLETED STATE *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? /V 0 If so,where and why? officer or owner of your organization ever been an officer of another organization that failed to an y 6.Has complete a contract? /V" If so, state the name of the individual, other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? N, If so, state the name of the individual,name of owner and reason. Digester Cleaning i WTR-2015-300031 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS .— I — nil 1 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 °4 8. In what other lines of business are you financially interested? 4ai4e 9. Have you ever performed any work for the City? YcS If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETALLED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. nu„� 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY e- �3eN +�Jl�✓'J �'✓i ��'a i /''�eGw«- � �`f�jw/r..cr.ry /�6rc..�C!^ "�!r{L V�°'( 2 � G,�6-}'d at J ( � G�^'�a nt G• �N�r�` 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee,please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. n d n e CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised December 20,2012 4 r 0045 13-6 i BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation Dice be,. ,200- State of Organization Charter/File No. 0 3 gg41 Date of organization President nn // Is partnership general, limited, or registered limited /�uG(o liability partnership? Vice Presidents sca, Ae 4 File No. (if Limited Partnership) General Partners/Officers Secretary Oster Re'l, Limited Partners (if applicable) Treasurer LMTED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers (with titles,if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. Digester Cleaning CITY OF FORT WORTH WTR-2015-300031 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment i TOTAL BALANCES ET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment you may show these 30 types and show the remainder as 'various". The City,by allowing you to show only 30 types of equipment,reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model, and general common description of each. CITY OF FORT WORTH Digester Cleaning WTR-2015-300031 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1 l ( 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 t t BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given;that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in forc ecessary to veri�t� aid st�ent. �� being duly sworn, deposes and says that he/she is the of ' the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: ✓� / �- �(( �-- Signature: Sworn to before me this day of / �SMr pt� `Y¢ DEBRA GONZALEZ My commission Expires ary Public March 21,2019 4g sr�RatE� Notary Public must not be an officer, director, or stockholder or relative thereof. Digester Cleaning CITY OF FORT WORTH WTR-2015-300031 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 s SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. VIM-20153-00031. Contractor further certifies that,pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: 1�e t 1 n�r'Y o h v�.�,�ti� �a� - By: OSCar Company (Please Print) OI Crrea„ �� o Signature: / Address �— Fr,� U, �t Title: City/State/Zip (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANT / § BEFOR ME, the un ers g1iauthority, on this day personally appeared known to me to be the person whose name is subscr"r ed to the fore oing instrument, and acknowledged to me that he/she executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated GIVEN/UNDER MY HAND AND EAL OF OFFICE this D{.�, 4 day of 20/6 c of ry PPub is m an r the State of Texas Mr END OF SECTION DEBRA GONZALEZ My Commistim Expires Much 21,2018 4 OF CITY OF FORT WORTH Digesters Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 f SECRETAW CONTRACT NO. , Agreement Page I of 4 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on "1 is made by and between the City of Forth Worth, a Texas home rule acting by and through its duly authorized City Manager, ("City"), and -''1 l� '�municipality, authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: r Article 1.WORD Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is ? generally described as follows: Digester Cleaning at Village Creek WRF WRT2015-300031 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 90 days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City <117.ser1 airlowil i)? )rrillen Irords% Dollars ($.1.XX. for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY BECRETA11Y ' CITY OF FORT WORTH Digester Cleaning n STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised August 17,2012 I 005243-2 Agreement Page 2 of 4 Article 4. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount in current funds of p' f. D Dollars ($ m k t ' � u�. _, :. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents(project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Commitment Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued,become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. OFFICIAL RECORD CITY SECRETAR)," i z Digester Cleaning CITY OF FORT WORTH YVTR-2015-300031 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -P-A-i Auonst 17.2012 1 005243-3 Agreement Page 3 of 4 Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages bean sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city,its officers,servants and employees,from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of,the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnificati on provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages bexm� sought were caused, in whole or in part, by any act omission or negligence of the ci Article 7.MISCELLANEOUS 7.1 Terms. g Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. t Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas,Fort Worth Dlvisio OFFICOM RECORD CITY °ruEi'iRE r�°"%RY M9 TX CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 M P—i—d Arnanst 17.2012 I 005243-4 Agreement Page 4 of 4 7.6 Other Provisions. The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified, promulgated and set out by the City, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 7.7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple counterparts. i This Agreement is effective as of the last date signed by the Parties ("Effective Date") ntractor. i ( I m City of Fort Worth Jay Chapa „, Assistant City Manage , a�a (Signature) Date Attest: �`na (Printed Name) Mary Kayser coo 0� City Secretary Title Addressm� M&C 6-27379 Date: 74a//2-0/5 City/State/Zip: pprove-, s to,, orm and Legality: �w• . .�' Date Do ug la Black Assistant City Attorney APPROVAL RECONIIvIENDED: JoYih Robert Carman. D/MECTOR, er Department OFFICIAL RECOrsttp CNTY ( CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 •'-_.-__.1 A........11 7017 �P, -8��9 ' \ / oomo'/ ronouMamcuoomo � Page \ o[z SECTION OU6l 13 � POKP0RMANCcB0ND B*nd#PRF9149089 y THE STATE 0F TEXAS � 3 G KNOW ALL Q?Kl[HESE PRESENTS- COUNTY OFTARRANT § That we, known as � ^^Principa[` herein and o _-_� _�� . ^ . . nomrp*uUo uomty(aurciica, ifmo,cthunooc)du|yuu|hmrizcdiodobusioessin{hcSta(eofVexuo, konvvuuu "SLII-Cty"herein (whether one or more), are held and firmly botind Unto the City of'Fort Wor-th, a ^ muoi6pu| corporation created pursuxn(kothe laws ofTexua, known as'^Ci(y" herein, in the penal xun/o[ Three Hundred 8 Dollars 8 ($__377 000.00 |un/bU money of the United States, (ohe paid inFort Worth, TnrmntCouoty,Tcsas for the payment o[which sum well and 1ru|yto be modo, nu bind v wundvco,00r heirs, uxccutoo. administrators, sooccssomunJassigns,jointlyand yevcruUy. Unn|y by these presents. « WHEREAS, the Principal has entered into ucertain written contract with the City awarded file 28m day of' July 2U15 . which Contract ia hereby referred ioand � made u part hcrcmf0urall purpoxuouy i[bJl),set forth herein,10 furnish all moicrim|y. eqoip*eu\ |abormnd other uuuoyooricodefined by |av/. in the pvuoocudmn of\hu Work, inu\odin8unyChnngp � Orders, as provided lbr in said Contract designated as Digester("Ieuning w Villuge Creek TVRP', P/7'1Y-2015-300031 | NOW,THERE FORE,the condition of this obligation is xud' that if the said f16ncipu| ahuU faithfully perform i1 obligations wider the Contract find nhxU in all respects du}yand � fiaitliftilly perform the Work, incinding Change Orders, tinder the Contract, according to tile plans, � specifications, and contract ducumc/da therein referred to, and os Well duriog ally period of' extension mf(hc Contract that may bc granted oil the part o[the City, then this obligation shall 6u and become nu|} and void,otherwise to remain infill] [oruo and effect. t � PROVIDED FWRTU ElZ that i[any legal action bo Filed oil this Bond, venocshall lie in Tarrant Comity, Texas or the United States District Cona for the Northern District ofTexas, Fort � Worth Division. " CITY or FORT*Vxl | CITY u�cm,mc�nou � mxwu^moczxvynRucnomarsc|FuxTx/woocuwmna wlnau/i-3nmz | 0061 13-2 ncmauwmwccBowm z � m�z4 x This bond {somdeand omun/ted in cump|iunoonidb the provisions ofC1apkz228 nfthc U Texas Government{'ode,umumcuded, and all liabilities oil this bond shall be determined in " accordance with the provisions o[xaidStu1ue. 8 IN WITNESS WHEREOF,the Priocipul and the Surety have SIGNED and S6AL6D this ioubunien\by duly authorized agents and officers oil this the 24th clay mf__J.uly-_ � 2O l6 FK|MC|BAL Renda Environmental,Inc. 8 � (Principal)Seuetuy Name and Title Addi-ez : 2501 ewliv, FideHtv and Deposit Company of Mar Jand My Commission Expires BY: DEBRA GONZALEZ March 21,2019 Signatul-C Nanle and Title �r 8UkETY� ^ Address: 15303 Dallas Par t 800 Ile Witness',IsmnU ° Tin Payn* Telephone Number *Note: If signed by on officer m[thn Surety (onipany. there m1.1st be oil file ucertified extract � froin the by-laws showing that this person has authority to sign such obligation. K / Sorm1y`u physical uddnr*a is different kom its mailing address, both mua\ be provided. The date of the bond shall not hu prior-to the date the('ontractisawarded, OFFICIAL RECORD CITY o|'FORT noml/ Digesters Cleaning | STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS W1 R-2015-300031 Revised July 1,2011 000/ |4' | ' pAYm*w7130mo z � r�� | ur SECTION OU6I 14 « PA\'K4BNTB0ND Bond#PRF9&49W 0 � THE STAT00FTEXAS 0 � 8 KNOW ALL BYTB8ESEyRE0ENTS: COUNTY wrARRANT § That we, _ . known as � "principal" hcruin, and Fidelity and Deposit C Y Maryland m corporate surety (aoutica), du|y authorized to do boaincxo in the 8|u»u of' Texas, known as � °Suno1y" licroio (whether oncurmon:), are field andfirm|yhoundun(o tile City ofFort Worth, u muuioipu| oorpomdon created puouuot (* the |awao[U/e S1o1oofTuxuy, kuomn oo ^'Cit/` herein, � in the pcuol mnm o[ 0nUory � |ovv[u| nuxlcy of the Unibd States, to be paid in Fort Worth, Tarrant Couifty,Texas, for the paynicnit of'which stlill well and (filly be made, we birid ourselves, " 0111' heirs, mxuuutoo, odmioia(rutoo, suucmsaum and amyigos, 'oiu1|y and severally, Orm}ybvthese pnzmzoky: WIICRQAS~ Phnoipu| 6uucntexec i/8omumUuin oriiteo Coritract with Oh/, awarded the 21t ay of July 20-15--, which Contract is hereby referred to and ^ maJuu part hcooff6ra]| purposes as i[6u}ly set forth kerrin, \ofuruixh all mmucrim|u, equipment, labor and other accessories osdefined by |a"/, in tile pu,svcv|ion ufdIu Work as provided for in U said Cwntmotund duuiAnm(cd as Digeo(cr(7euxi(u u/ Vilkige Creek 0YF, H/7R-201.5-30003. NOW, THEREFORE, THE [0NDDl0M OF THIS OBLIGATION is oud' that if " Principal obnU pay all monies ovviog1n ally (and all) puymon1bond bcueDuixry (ax defined in Chapter 2253 m[the Texas 0uvcoxncntCode, ammnundcd) ill the prooccudou n[ihc Work under � tile Contract, then dhiooNiguiou shuU be aud beoomc uoU und void; otherwise to n:moiu in fill b`meand cUect. ' This borid is niade arid exectited ill cornplialicL with the provisions of C.hapter 2253 ol'the Texas Government Code, as umcndcd, arid all liabilities cm this boud ybuU ho duternined ill / accordance with the provisions ofsaid statute. OFFICIAL RECORD CITY uF FORT WORT]| mgeunoommg ( slAwoxxocoNynRubmwspscmcxnowm.cum|/wlFs w[k-2015a00031 Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 o172 IN WITNESS WHEREOF, the Principal and SUI-ety have each SIGNI-A-) and SEALED this instronient b y duly authorized agents and officers on this the 24th day of 20,_._,15. PRINCIPAL: Renda Environmental,Inc. AT'ri"','s'r BY: .......... -------- (Principal) Secretary Name and it I e Address: 2501 Green Belt Road Fort Worth, -7611,84397--- ti 'sto VP SUFI-"I'Y: DEBRA GONZALEZ My Commission Expires --FideIity qu0.RepAsit.CQmjpgny_of Maryland March 21,2019 rr uf I BY: SignatUre Linda K..Edw rds.Attorney It, (SUrety) Secretary Nanic and Title Address: 15303 Dallas Par Suite 800 Ad Witness as to Sur Yvy" Tina Payne Telephone Niiniber: 800-538-5011 Note: I1'signed by an officer- of the Surety, there must be on file a certified extract frorn the bylaws showing that this person bras authority to sign such obligation. It' Surety's physical address is different frorn its mailing address, both innst be provided. The date of the bond shall not be prior-to the(late the("ontract is awarded. END OF SECTION OFFICIAL RECORD CITY SECHE rAllit'll"" CITY 0F FORT WORTI I WOR-11'tj TX Digester Clealling STANDARD CONSTRUCHON SPECIFICATION DOCUMEN I'S WTR-2015-300031 Revise(LWIN, 1,2011 ou6| |v' | ' M^|NITm^N(IxOMD � Page | ^B SECTION 006] 19 o MAINTSNAN[BBOND Bond#PRF9149839 U THE STATE OF TEXAS § � ^ Q KNOW ALL BYTHES0PRESENTS: CODNTYOFTARRANT 0 k That we Renda Environmental,Inc. known as "Pdocipul"herein and u corporate xureiI " (snreties, ifniore than one')(in]),anthorized to do bLISilIQSS in the State ofTexas, known as "SLirety"herein (whether one or niore),are held and firinly bound unto the City of Foil Worth, a K municipu|corpnutioo created pnouanttothe laws o[the 8(atuo[Tcxma, known ux^^City" herein, � ill tile momo UwUms ( , lawful moucyo[the United States, to6c paid in Fort Worth, ^ Tarrant C0LIllIyTCXaS, for paynient ofwhich stini well and tnily be rnade Linto the City and its sooccuypm` we bind uunu|vcs, our heirs, usuoutpra,udminimtm1ory` muocCouonuud assigns, jointly x und severally, firm|y6y these presents. 8 WHEREAS,the Principal has entered into ucertain written contract with the City awarded 1he_2k st_day of,-,-.-, , 20__Is which Contract ishereby A re|enedtound a made part |iueofk/ra|| purpouuyumifkJ|y set forth herein, Lo[urnidh all mnicrio|s,uloipnncnt labor and other accessories usdefined by law, in the pn`souutimu of'tile Work, inu|udinAany Work resulting hvm u du|yuWhorizcd Change Order(collectively herein, ^ the"Work") as provided for in said contract and designated os Digester Cleaning u* N76(gc (),emkR7lF 14,71?-2015-300031; and WHEREAS, yhnuipu| binds itself tn Use oouhn'utcriu}o and t* yoconakou(the Work in { acco- i dance with the plans, specifications and Contract DOCLIMClItS that the Work is and will remain free from defects in matorio|o *rworkmunship tor and during tile period wftwo (2) years � after the date of Final Acceptance o[{ho Work hythe City(^'Muh`1unoncePcrioJ"); and | WHEREAS, Principal binds itself to repair Or rCC0IlStrLlCt tile Work in whole or in part ' upon receiving notice 6om the City o[tkoneed therefor u1 any{ime within the Maintenance Period, I)MICIAL, RECORD CITY o|'|'nnTwoxT/| oix"smr[le^oin& k sTANowkD CONSTRUCTION Sill CmcxnowoncumEwry Wn<-2u|»-3oN3| RCViSM JLII�'1,2011 0n6| |9'z ' mxwTpwAm(rDowD Page zm[l � NOW1[HEREFOBLE, Nc;on6binnofLhiuub|iguh*niayuuhthu1ifPrinuipu| ahuU remedy any defective Work, 6v which timely notice was provided br City, b`ucompletion satisfactory iotile City, then this obligation mhuU become ooU and void; otherwise to remain ill full force and effect. � PROVIDED,HOWEVER, it'l-Irincipal shall fail so to repair or reconStRid ally tir1lCly noticed defective Work, it is agreed that the City may cause any and all SUch defective Work to � be repaired and/or recoil st ru eted with all associated costs thereofbeing borne by the Principal and the Sum1y under this Maintenance bond; and PROVIDED FURTHER, that i[nny legal action he 1:i\ed oil this Bood, vcnucshall lie in Tormn( County,Texas or the United States Disk{utCnuM for the Northern District ofloxos` Fort VVwnh Division; and � PROVIDED FURTHER,that this obligation ebaUhc continuous ill nature and aooceumiven:onvuriva may he had hmn:oo fbrsucconsive breaches. CITY 0f FORT w0o11| Digester Cleaning STANDARD CONSTRUCTION spconrm HON ono/mswTs wlx-2015-300031 Revised July 1,2011 0061 19-3 MAIN ITNANCE,BOND Page 3 of 3 IN WITNESS WHEREOF,the Principal rand the Surety have each SIGNED and SEALED this instrument by duly authorized agents rand officers oii this the 1_24th_...............day of july. 20 15 PRINCII)AL,: Renda Environment Inc. BY, Sigadture__� ATTEST: (flrijicipal)Secretary Nairie and Title Address: 25.01 Green.Belt Road -Fort.Worth,TX 761-1876397-.-- rule. aso Princip, 111._'____ SURETY: Fidelity..And D-op..9sit-Company of Maryland DEBRA GONZALEZ TM_ My Commission Expires O�F March 21,2019 By.. Linda K.Edwards,Attorney-in-Fact ATTEST: Narne arid Title Address: 15303 Dallas-Parkway,-Sulte,801) (Surety)Secretary --Addison, Wituess as to S"retYiina Payne Teleph(aue Nuinber: 800-538-5011 *Note: If sigued by an officer of the Surety Company, there must be ou file a certified extract frorn the by-haws showing that this person has authority to sign such obligation. If. Surety's physical address is diMreut from its mailing address, both must be provided. The date of the bond shall not be 1)rior to the date the Coutract is awarded. OFFICIAL RECORD 0TY SECREIV%RY CITY(V PORT W0101 I WORTH, TM Digester Cleannig STANDARD(.()NS'I'R(J(."I'ION SPECIFICA HON DOCTNIFNTS ""IR-2015-3000-31 Revised July 1,2011 F - ('?H 9 i ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by GERALD F.HALEY,Vice President,in pursuance of authority granted by Article V,Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute,and appoint Steven B.SIDDONS,Holly A.GRAVENOR,Lorrie SCOTT,Shirong CHEN and Linda K.EDWARDS,all of Fort Worth, Texas, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety,and as its act and deed: any and all bonds and undertakings,EXCEPT bonds on behalf of Independent Executors,Community Survivors and Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon said Companies,as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 1 st day of December,A.D.2014. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND prsttg� p oEros ,,••'pN iNSt✓ a SEAL —• io: m q,N , Secretary Vice President Eric D.Barnes Gerald F.Haley State of Maryland County of Baltimore On this lst day of December,A.D.2014,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,GERALD F. HALEY,Vice President,and ERIC D.BARNES,Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn,Notary Public CIAO. f My Commission Expires:July 14,2019 POA-F 168-0078C EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY IEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this�, day of 130�a o[ops� .+4�pd�INSUq'a's ICAL e 6 k4 1 f �' SI Michael Bond,Vice President W4 Krii,"EX --27 coo Fidelity and Deposit Connpanies home Office: 3910 Keswicirl,Road Baffimcre, MD 21211 IMPORTANT NOTICE To obtain information or make a complaint.- You may call the Fidelity and Deposit Company of Maryland, Colonial A-m- erlcafi Casua-`TV and Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Department of Insurance to obtain ' information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 FAX (51.21475-1771 PRENHUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a clam, you should first contact Fidelity and Deposit Company ot'NIarydarid or Colonial claim, American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO OUR POLICY: This notice is for information on1v and does not become a part or condition of the attached document. S854-',f(TX)(08;01) 006125-1 CERTIFICATE OF INSURANCE Page i of 1 SECTION 00 6125 CERTIFICATE OF INSURANCE t" END OF SECTION CITY OF FORT WORTH Digesters Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 '4LC..°�R°0 CERTIFICATE O -- F LIABILITY INSURANCE DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS HIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES [an OW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED RESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to erms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the ficate holder in lieu of such endorsement(s). ER CONTACT k Siddons Insurance Agency Fort Worth, NAME: Holly Gravenor PHONE (817)737-4943 Fax er: K & S Group E-MAIL . (817)737-4947 Marquita Drive Holly @fsifw.com Worth TX 76116-4016 FORDING COVERAGE NAIC# INSURERA:Libert Insurance Cor oration 42404 INSURER B:Great American Ins. Com anies 16691 Environmental, Inc. INSURERC:Hanover Insurance Com an Green Belt Road 2292 INSURER D: Worth INSURER E: TX 76118-6397 COVERAGES INSURER F CERTIFICATE NUMBER:REI ALOE 14-15 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. INSR ADDL SUBR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP GENERAL LIABILITY M/DD/YY M DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE Fx_1 OCCUR B7Z91-463238-024 11/1/2014 11/1/2015 PREMISES Ea occurrence $ 300,000 X XCU MED EXP(Any one arson) $ 5,000 X Contractual PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,OOO GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY $ COMBINED SINGLE LIMIT A X ANY AUTO Ea accident) 1 000 000 ALL OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS AUTOS S2-Z91-963238-019 1/1/2014 11/1/2015 X X NON-OWNED BODILY INJURY(Per accident) $ HIRED AUTOS AUTOS PROPERTY DAMAGE Per accident $ X UMBRELLA LIAB }{ $ OCCUR B EXCESS LIAB CLAIMS-MADE EACH OCCURRENCE $ 25,000,000 DED X RETEN710N$ 10,00 UU 5-57-81-22-09 11/1/2014 11/1/2015 AGGREGATE $ 25,000,000 A WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY X WC STATU- OTH- I ANY PROPRIETOR/PARTNER/EXECUTIVE YIN Y LIMITS OFFICER/M EMBER EXCLUDED? � N/A E.L.EACH ACCIDENT $ 1,000 000 (Mandatory in NH) C7-291-463238-034 11/1/2014 11/1/2015 yes,describe under DE E.L.DISEASE-EA EMPLOYE $ 1 000 000 DSCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1 000 000 C Contractor's Equipment IHD 8163047-09 1/1/2014 11/1/2015 Leased/Rented Any One item 500,000 Maximum Limit 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) ,iDigesters Cleaning-Village Creek Water Reclamation Facility. The general liability and auto policies nclude blanket automatic additional insured endorsements that provide additional insured status on a primary & non-contributory basis to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The general liability, auto & workers compensation policies include blanket automatic waiver of (subrogation endorsements that provide this feature only when there is a written named insured and the certificate holder that requires it. contract between the k, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton _ Ft. Worth, TX 76102 AUTHORIZED REPRESENTATIVE Steven Siddons/HGRAVEVj 1CORD 25(2010/05) 4S025(201()05).01 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT a CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................i 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology.......................................................................:..........................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents..................................................................................................... 7 2.02 Commencerhent 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............................................................................................................................11 Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points........................................................................................................... 11 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5—Bonds and Insurance ...........................................:.........................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision'and Superintendence............................................................................................... 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December21,2012 ' K » 6.02 Working� - " 6]]3 Services, ' and Equipment --------------------.---------'2O 6.04 Project Schedule..........................................................................................................................2l 6.05 Substitutes and ----------------------------------.2I « 6.06 Concerning Suppliers, and Others....................................................................24 6.07 Wage Rates...................................................................................................................................25 6.08 Patent Fees and Royalties -------------'---------------------.26 � 6.04 Permits and Utilities....................................................................................................................27 - 6.10 Laws and Regulations., --------.--------'-------------------.27 / 611 Taxes --------------------------------------------'.-..28 � . 6.12 Use nf Site and Other Areuo ----------------------------------28 6.13 Record Documents.......................................................................................................................24 , � 6]4 Safety and Protection..................................................................................................................29 - 6.15 Safety Representative -------------------------------------.30 6.16 Hazard Communication Programs .............................................................................................30 0 6.17 Emergencies and/or Rectification...............................................................................................30 6]8 Sobozitta} -----------.--------------------------------..3l 6.14 Continuing the Work...................................................................................................................32 � 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification ----------------------------------------.33 6.22 Delegation of Professional Design Services ..............................................................................34 K6.23 Rightƒn Audit..............................................................................................................................34 6.24 Nondiscrimination------------------------------.-----.----35 � Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work a1 Site...................................................................................................................35 7.02 Coordination ------------------------------------------3d Article 00-City's Responsibilities---------------.-----------------------36 8.01 Communications to Contractor...................................................................................................36 � 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................3h 8.05 Change Orders.............................................................................................................................3h 8.06 Inspections, Tests, and Approvals.---------------------------.---.36 8.07 Limitations ooCity's Responsibilities -----------------------------37 � 0.08 Undisclosed Hazardous Environmental Condition....................................................................37 _ 8.09 Compliance with Safety Program----------------------------.---.37 � Article 4-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative ---------------------------------..S7 4.U2 l�m�utoS�o--------------------------------'----.---'--37 � 9.03 Authorized Variations io Work..................................................................................................38 4.04 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 or FORT WORTH STANDARD CONSTRUCTION mrocIFoxr0NDOCUMENTS � nevbom:oecnmerz/.zoz2 Article 10-Changes in the Work; Claims;Extra Work....................:...........................................................38 10.01 Authorized Changes in the Work...............................................::..............................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders........................................................................................................39 10.04 Extra Work...................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process..............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work; Plans Quantity Measurement......................41- 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time..............................................:.............................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...............................................................:...........................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.......................:.....................................................:...............51 Article 14-Payments to Contractor and Completion.....................................................................................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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 - � ' Article {7—Miscellaneous------------------------------------------h2 « 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times ............................................... ---------------------.62 17.03 Cumulative Remedies.................................................................................................................h2 " 17.04 Survival of Obligations------------------.-----------------'—h3 17.05 Headings--------------------------------'------------63 � � ~ � « �U � � « � * � « ' CITY OF FORT WORTH � STANDARD CONSTRUCTION SPECIFCATmn DOCUMENTS � Revision:ne=oher2i.zmz UU12UU-t General Conditions Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action- levels established by the United States Occupational Safety and Health Administration.. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deceinber2l,2012 oo1200-I General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City-- The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its'City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth,Texas, or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third parry is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations, or agreements, whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. . 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. _ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 UU'f1 UU-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 Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department— The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings—That part of.the Contract Documents prepared or approved by Engineer which , graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36.Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwmber2l,2012 UU'll UU-1 General Conditions Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40.Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules,.regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43.Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award_The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47.Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48.PCBs—Polychlorinated biphenyls. 49. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50.Plans–See definition of Drawings. t CITY OF FORT WORTH r STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS -Revision:De=ber2l,2012 UU/'l UU-I General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52.Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54.Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of SubmittalsA schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU 12UU-1 General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules,, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours —Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 UU72UU-I General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. .The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU72UU-1 General Conditions Page 8 of 63 _ 2.03 Starting the Work . . __. Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or-trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:D -mber2l,2012 UU 72 UU-1 General Conditions Page 9 of 63 section. The Contractor shall not take 'advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractors Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements_and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractors Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents.and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any.Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 MUM-1 General Conditions Page 10 of 63 6.17.A) until an amendment or supplement to the Contract.Documents has.been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof B. Resolving Discrepancies. 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification,manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UUY2UU-1 General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment,, or termination of e Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions: The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber21,2012 UU'!l UV-1 General Conditions Page 12 of 63 C. -Contractor shall provide for-all additional lands and access thereto--that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is-materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU 72 UU-I General Conditions Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.O3.A. 4.04 Underground Facilities A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checl6ng all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities,including City, during construction; and d.- the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated. 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dexrnber21,2012 UU/l UU-1 General Conditions Page 14 of 63 Work in connection therewith (except in.an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the s consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deeember2l,2012 UU/2 UU-t General Conditions Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special. conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06 G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU72UU-I General Conditions Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All.bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right"to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured)which Contractor is required to purchase and maintain. 1. The certificate of insurance shall. document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 uurluu-I General Conditions Page 17 of 63 - - 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement,which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess_Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis,the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain'such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU/2 UU-1 General Conditions Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis,must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury; and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=nber21,2012 uu 72 uu-1 General Conditions Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy,unless the City approves such exclusions in writing. 'For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto', defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them maybe liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall.immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means,methods,techniques, sequences, and procedures-of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 UU/2 UU-I General Conditions Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. .The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Worlc or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication)to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor,transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source,kind, and quality of materials and equipment. z CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 r UU'/1 UU-I General Conditions Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used,cleaned, and conditioned in 'accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model'at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph�2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 013 2 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements. for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 uu/l uu-i General Conditions Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and -. 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 012 5 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwernber2l,2012 r W/2 UU-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 royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales,maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract'Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal." City will advise Contractor in writing of its 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.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall'provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU/2 UU-1 General Conditions Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a - substitute shall-be incorporated to the Contract by Change Order. H. Time Extensions:No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract,unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. 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 MBE and/or SBE 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 SBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an 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: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dozernber2l,2012 UU72UU-L General Conditions Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any"'such Subcontractor, Supplier or other individual or entity;nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 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 Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber2l,2012 UU 72 UU-i General Conditions Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of - Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to -arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit,shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the'Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwzmber21,2012 uu 72 uu-I General Conditions Page 27 of 63 the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. - 6.09 Permits and Utilities A.. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S.Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 UU 72 UU-I General Conditions Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. - However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: I. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin,TX 78711; or 2. htt1i-):/,/,,4-1'-, l�'1Iid0-�Z,.St ate.tx.Ll.S,.taxililt)Jt-ixforn st'93-torms.htmI 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment,the storage of materials and equipment,and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dmernber2l,2012 UU72UU-1 General Conditions Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 621, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant-against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work-Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 uu it uo-i General Conditions Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or lass to: - - 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and-representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work 's completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 UU7LUU-t General Conditions Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The. written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dexrnber2l,2012 W/2 UU-1 General Conditions Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any - related Work performed prior to City's review and acceptance-of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=nber2l,2012 oo/2 uu-1 General Conditions Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection,test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance-bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 UU72UU-I General Conditions Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract,have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract,have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=ber2l,2012 UU-i2 UU-I General Conditions Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 uu/2 uu-t General Conditions Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility_ for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8—CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements, Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH _ STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU72UU-1 General Conditions Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:D r-e nber2l,2012 UU!'2UU-1 General Conditions Page 38 of 63 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor,who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06. Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed-under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwe nber2l,2012 UU72UU-t General Conditions Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or(iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after malting written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UUlLUU-1 General Conditions Page 40 of 63 10.06 Contract Claims Process A. City I s Decision Required. All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall.be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party malting the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any,take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwcmber2l,2012 uu iz uu-I General Conditions Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55%markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deceinber2l,2012 UU%LUU-I General Conditions Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f The cost of utilities,fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=nber2l,2012 W/2 oo-1 General Conditions Page 43 of 63 IT. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters. timekeepers. clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0 LA.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU/l UU-t General Conditions Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 i£ 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change.the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December21,2012 uu 72 uu-t General Conditions Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities,unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwember2l,2012 UU'/1 UU-1 General Conditions Page 46 of 63 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.0l.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1, 11.01.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.0 LA.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Deeember2l,2012 UU%L UU-I General Conditions Page 47 of 63 tier,will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor,however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost. will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material,if any,which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 UU'fl UU-I General Conditions Page 48 of 63 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections,which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December-21,2012 UU/2 UU-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. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor,material, and equipment. 1. If it is found that the uncovered-Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation,inspection,testing,replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable'materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=ber2l,2012 UU 72 UU-1 General Conditions Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. - 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terns of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 UU'%2 UU-t General Conditions Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty cnverngP be rentiired, Contractor may dispute this requirement by filing a Contract Claim,pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven(7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, ac_cess to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decc nber21,2012 UU/2UU-1 General Conditions Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwember2l,2012 UU YL UU-1 General Conditions Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules,that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors,requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 UV/2 UU-t General Conditions Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwember2l,2012 UU'/l UU-1 General Conditions Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intan.aP�Inca e„Mart to tha fnllmxrina rnnrlitinnc• 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwernber2l,2012 UU/2 UV-1 General Conditions Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=ber2l,2012 UU 72 UU-1 General Conditions Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release,a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims - The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15—SUSPENSION OF WORK AND TERNIINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 U0/2 uu-i General Conditions Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011 established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature,the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dex nber2l,2012 UU72UU-1 General Conditions Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December 21,2012 uu-rl uu-1 General Conditions Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwember2l,2012 U072 U0-i General Conditions Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the Citv, anv and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after termination of the mediation unless,within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demrnber2l,2012 UU%l UU-t General Conditions Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other parry of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice;it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:De=nber2l,2012 UU 72 UU-I General Conditions Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demrnber2l,2012 f 007300-1 SUPPLEMENTARY CONDITIONS Page 1 of 6 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions,unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2,"Resolving Discrepancies" Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1.,"Availability of Lands" The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any as of May 1,2015 Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Rvised April,2013 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 6 SC-4.01A.2,"Availability of Lands" Utilities or obstructions to be removed,adjusted,and/or relocated The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated as of May 1, 2015 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, and do not bind the City. SC-4.02A.,"Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: None The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities)which are at or contiguous to the site of the Work: None SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: 1. None SC-5.03A., "Certificates of Insurance" The entities listed below are"additional insureds as their interest may appear"including their respective officers,directors,agents and employees. (1) City SC-5.04A.,"Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A.Workers' Compensation,under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease- each employee $500,000 Disease-policy limit CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS W TR-2015-300031 Rvised April,2013 007300-3 SUPPLEMENTARY CONDITIONS - Page 3 of 6 SC-5.04B.,"Contractor's Insurance" 5.0413. Commercial General Liability,under Paragraph GC-5.0413.Contractor's Liability Insurance under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide"X","C", and"U"coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C.,"Contractor's Insurance" 5.04C. Automobile Liability,under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", defined as autos owned,hired and non-owned. $1,000,000 each accident on a combined single limit basis.Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person/ $500,000 Bodily Injury per accident/ $100,0.00 Property Damage SC-5.04D.,"Contractor's Insurance" The Contractor's construction activities will require its employees, agents,subcontractors,equipment,and material deliveries to cross railroad properties and tracks The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a"Right of Entry Agreement"with the particular railroad company or companies involved,and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts,issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: $Confirm Limits with Railroad (2) Each Occurrence: $Confirm Limits with Railroad Required for this Contract X Not required for this Contract CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Rvised April,2013 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 6 With respect to the above outlined insurance requirements,the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company,separate coverage may be required,each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at- grade crossing,insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named,as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured,together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04.,"Project Schedule" Project schedule shall be tier 1 for the project. SC-6.07.,"Wage Rates" The following is the prevailing wage rate table(s)applicable to this project and is provided in the Appendixes: • Wage Rate Table 2013 SC-6.09.,"Permits and Utilities" SC-6.09A.,"Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: None SC-6.09B."City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: None CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Rvised April,2013 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 SC-6.09C."Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired,if any as of May 1,2015 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-6.24B.,"Title VI,Civil Rights Act of 1964 as amended" During the performance of this Contract,the Contractor,for itself,its assignees and successors in interest (hereinafter referred to as the"Contractor")agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter, "DOT")Title 49,Code of Federal Regulations,Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor,with regard to the work performed by it during the contract,shall not discriminate on the grounds of race,color,or national origin,in the selection and retention of subcontractors,including procurements of materials and leases of equipment.The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR,section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors,Including Procurements of Materials and Equipment:In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,including procurements of materials or leases of equipment, each potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color, or national origin. 4. Information and Reports:The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books,records, accounts,other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City,or the Texas Department of Transportation,as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance:In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract,City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate,including,but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies,and/or CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Rvised April,2013 007300-6 SUPPLEMENTARY CONDITIONS Page 6 of 6 b. cancellation,termination or suspension of the Contract,in whole or in part. 6. Incorporation of Provisions:The Contractor shall include the provisions of paragraphs(1)through (6)in every subcontract,including procurements of materials and leases of equipment,unless exempt 4 by the Regulations,or directives issued pursuant thereto.The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for non-compliance:Provided, however,that,in the event a contractor becomes involved in,or is threatened with, litigation with a subcontractor or supplier as a result of such direction,the contractor may request City to enter into such litigation to protect the interests of City,and,in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authority None SC-8.01,"Communications to Contractor" None SC-9.01., "City's Project Representative" The following firm is a consultant to the City responsible for construction management of this Project: None SC-13.030.,"'Pests and Inspections" None SC-16.01C.1,"Methods and Procedures" None END OF SECTION CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Rvised April,2013 007300-1 SUPPLEMENTARY CONDITIONS Page 1 of 6 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions.have the meaning assigned to them in the General Conditions,unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2,"Resolving Discrepancies" Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.l.,"Availability of Lands" The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any as of May 1, 2015 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Rvised April,2013 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 6 SC-4.01A.2,"Availability of Lands" Utilities or obstructions to be removed,adjusted,and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted,and/or relocated as of May 1, 2015 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, and do not bind the City. SC-4.02A.,"Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: None The following are drawings of physical conditions in or relating to existing surface and subsurface structures(except Underground Facilities)which are at or contiguous to the site of the Work: None SC-4.06A.,"Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: 1. None SC-5.03A.,"Certificates of Insurance" The entities listed below are"additional insureds as their interest may appear"including their respective officers, directors,agents and employees. (1) City SC-5.04A.,"Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A.Workers'Compensation,under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each $100,000 Disease-each employee $500,000 Disease-policy limit CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Rvised April,2013 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 SC-5.04B.,"Contractor's Insurance" 5.04B.Commercial General Liability,under Paragraph GC-5.0413. Contractor's Liability Insurance under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with minimum limits of- $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide"X","C",and"U"coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C.,"Contractor's Insurance" 5.04C. Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", defined as autos owned,hired and non-owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person/ $500,000 Bodily Injury per accident/ $100,000 Property Damage SC-5.04D.,"Contractor's Insurance" The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and material deliveries to cross railroad properties and tracks The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a"Right of Entry Agreement"with the particular railroad company or companies involved,and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts,issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy,or touch railroad property: (1) .General Aggregate: $Con&m Limits with Railroad (2) Each Occurrence: $Confirm Limits with Railroad Required for this Contract X Not required for this Contract CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Rvised April,2013 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 6 With respect to the above outlined insurance requirements,the following shall govern: 1. Where a single railroad company is involved,the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company,separate coverage may be required,each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way,the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at- grade crossing,insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way,all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has famished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured,together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04.,"Project Schedule" Project schedule shall be tier<1, 2, 3, 4, or 5>for the project. SC-6.07.,"Wage Rates" The following is the prevailing wage rate table(s)applicable to this project and is provided in the Appendixes: • Wage Rate Table 2008 SC-6.09.,"Permits and Utilities" SC-6.09A.,"Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: None SC-6.09B."City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: None CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Rvised April,2013 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 SC-6.09C."Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired,if any as of May 1,2015 Outstanding Permits and/or Licenses'to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-6.24B.,"Title VI,Civil Rights Act of 1964 as amended" During the performance of this Contract,the Contractor,for itself,its assignees and successors in interest (hereinafter referred to as the"Contractor")agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter, "DOT")Title 49, Code of Federal Regulations,Part 21,as they may be amended from time to time, (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination:The Contractor,with regard to the work performed by it during the contract,shall not discriminate qn the grounds of race,color,or national origin,in the selection and retention of subcontractors,including procurements of materials and leases of equipment.The Contractor shall not participate either.directly or indirectly in the discrimination prohibited by 49 CFR,section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors,Including Procurements of Materials and Equipment:In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,including procurements of materials or leases of equipment,each potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or national origin. 4. Information and Reports:The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books,records, accounts,other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders and instructions.Where any information required of a contractor is in the exclusive possession of another who fails or refuses to finnish this information the contractor shall so certify to the City,or the Texas Department of Transportation,as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance:In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract,City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate,including,but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor 1 complies,and/or CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Rvised April,2013 007300-6 SUPPLEMENTARY CONDITIONS Page 6 of 6 b. cancellation,termination or suspension of the Contract,in whole or in part. 6. Incorporation of Provisions:The Contractor shall include the provisions of paragraphs(1)through (6)in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Regulations,or directives issued pursuant thereto.The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for non-compliance:Provided, however,that,in the event a contractor becomes involved in,or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the contractor may request City to enter into such litigation to protect the interests of City,and,in addition,the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC-7.02.,"Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authority None SC-8.01,"Communications to Contractor" None SC-9.01.,"City's Project Representative" The following firm is a consultant to the City responsible for construction management of this Project: None SC-13.03C., "Tests and Inspections" None SC-16.01C.1,"Methods and Procedures" None END OF SECTION CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Rvised April,2013 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom-or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator,50,000 pounds or less $ 17.19 Excavator Operator,Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter,Structures $ 13.84 Form Setter, Paving&Curb $ 13.16 Foundation Drill Operator,Crawler Mounted $ 17.99 Foundation Drill Operator,Truck Mounted $ 21.07 Front End Loader Operator,3 CY or Less $ 13.69 Front End Loader Operator,Over 3 CY $ 14.72 Laborer,Common $ 10.72 Laborer,Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator,Fine Grade $ 17.19 Motor Grader Operator,Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator,Asphalt $ 13.08 Roller Operator, Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy-Float $ 16.24 Truck Driver Transit-Mix $ 14.14 Truck Driver,Single Axle $ 12.31 Truck Driver,Single or Tandem Axle Dump Truck $ 12.62 Truck Driver,Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are'detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway, Heavy,Utilities,and Industrial Construction in Texas. Page 1of1 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/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper $ 11.00 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 $ 11.50 Electrician (Journeyman) $ 19.63 Electrician Apprentice(Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 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 $ 16.12 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 1 of 2 Reinforcing Steel Setter Helper $ 11.08 Roofer $ - 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 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'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 16.77 Welder $ 19.96 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) Independently compiled by the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's(The Construction Association)website. www.texoassociation.org/Chapter/wagerates.asp Page 2 of 2 0100 50 DEFINITIONS AND TERMINOLOGY 1.00 GENERAL 1.01 SPECIFICATION SENTENCE STRUCTURE A. Specifications are written in modified brief style. Requirements indicated and specified apply to all work of same kind, class, and type even though word "all" is not stated. B. Simple imperative mood of sentence structure is used in specification sections which places verb as first word in sentence. Where such words as "perform", "provide", "install", "erect", "furnish", "connect", "test", or words of similar import are used, it shall be understood that such words include meanings of phrase "The Contractor shall..." before such words. C. Standard paragraph titles and other identifications of subject matter in specifications are intended as aid in locating and recognizing various requirements in specifications. Titles do not define, limit, or otherwise restrict specification text. Capitalizing of words in text does not signify or mean that such words convey special or unique meanings having precedence over other parts of Contract Documents. Specification text shall govern over titling and shall be understood to be interpreted as a whole. 1.02 SPECIFICATION TERMINOLOGY A. Terms such as "directed", "designated", "requested", "authorized", approved", "selected, or words of similar value shall mean by the Engineer unless otherwise stated. Use of these terms does not extend the Engineer's responsibility for construction supervision or responsibilities defined in the General Conditions. B. "Require" and words of similar value shall mean as required to complete the work,unless otherwise stated. C. "Perform" shall mean Contractor, at his own expense, shall perform operations necessary to complete work. D. "Provide" shall mean Contractor, at his own expense, shall furnish and install work complete in place and ready for use. Digesters Clearing WTR-2015-300031 E. "Other acceptable manufacturer", "approved equal", or words of similar meaning shall be understood to be followed by expression "in sole opinion of the Owner" even though such words may not appear in print, unless otherwise stated. F. "Acceptance", "acceptable", or words of similar meaning shall mean acceptable to the Engineer or the Owner. Owner shall have jurisdiction and may override decisions of others. G. "At no extra cost to Owner", "With no extra compensation to Contractor", "At Contractor's own expense", or words of similar meaning shall be understood to mean that the Contractor shall perform or provide specified operation of work at no increase to Contract Sum stated in executed Contract. H. "Accepted" where used in conjunction with Engineer's action on Contractor's submittals, and requests, is limited to responsibilities and duties of Engineer. Such approval does not release Contractor from_ responsibility to fulfill Contract Document requirements. I. "Regulation" includes laws, statutes, ordinances, and lawful orders issued by authorities having jurisdiction, as well as, rules, conventions, and agreements within construction industry that control performance of work, whether they are lawfully imposed by authorities having jurisdiction or not. J. "Furnish" is used to mean to supply and deliver to project site, ready for unloading, unpacking, assembly, installation, and similar operations. K. "Install" is used to describe operations at project site including actual unloading, unpacking, assembly, erection, placing, anchoring, applying, working to dimension, finishing, curing, protecting, cleaning, and similar operations. L. "Installer" is an entity engaged by the Contractor, either as an employee, subcontractor, or sub-subcontractor for performance of particular construction activity, including installation, erection, application, and similar operations. Installers are required to be experienced in the operations they are engaged to perform. The term "experienced," when used with the term "installer," means Digesters Cleaning WTR-2015-300031 A Having minimum five (5) previous projects similar in size and scope to this project and familiar with precautions required, and has complied with requirements of authority having jurisdiction. N. "Project site" is the space available to the Contractor for performance of work, . either exclusively or iri conjunction with others performing construction as part of the project. Extent of project site is shown on Contract Drawings, and may or may not be identical with description of land upon which the project is to be built. O. "Testing laboratory" is an independent entity is engaged to perform specific inspections or tests, either at the project site or elsewhere, and to report on, to interpret results of those inspections or tests as required. P. Equipment is "listed" if of a kind mentioned in a list which: 1. Is published by a nationally recognized laboratory, which makes periodic inspection of production of such equipment. 2. States' that such equipment meets nationally recognized standards or has been tested and found safe for use in a specified manner. Q. Equipment is "labeled" if. 1. It embodies a valid label, symbol, or other identifying mark of a nationally recognized testing laboratory such as Underwriters Laboratories, Inc. 2. Production is periodically inspected in accordance with nationally recognized standards or tests to determine safe use in a specified manner. R. Equipment is "certified" if: 1. Equipment has been tested and found by a nationally recognized testing laboratory to meet nationally recognized standards or to be safe for use in a specified manner. 2. Production is periodically inspected by a nationally recognized testing laboratory. 3. It bears a label,tag, or other record of certification. S. "To Structure" means closely fitting and sealed to underside of floor or roof deck. Digesters Cleaning WTR-2015-300031 1.03 DOCUMENT ORGANIZATION A. Organization of Contract Documents are not intended to control or to lessen the responsibility of Contractor in dividing work among his subcontractors, or in establishing extent of work to be performed by any trade. 1.04 REFERENCE STANDARDS A. Applicable construction industry standards have the same force and effect as if bound or copied directly into the Contract Documents regardless of lack of reference within the Contract Documents. Where Contract Documents include more stringent requirements than the reference standards, the Contract Documents shall apply. 1. Standards referenced directly in the Contract Documents take precedence over standards that are not referenced but recognized in the construction industry as applicable. 2. Except as otherwise limited by the Contract Documents, enforce standards not referenced but recognized in industry as applicable for performance of the work. The Engineer shall decide whether code or standard is applicable, or which of several are applicable. B. Consider a reference standard to be the latest edition with supplements or amendments when standard is referred to in an individual Specification Section but is not listed by title and date. C. Maintain copies of reference standards at project site throughout construction period: Make copies of reference standards available as requested by Engineer or Owner. D. Enforce the most stringent requirements where compliance with two (2) or more standards is specified, and they establish different or conflicting requirements for minimum quantities or quality levels, unless Contract Documents indicate otherwise. 1. Quantity or quality level shown or indicated shall be the minimum to be provided or performed in every instance. 2. Actual installation may comply exactly with minimum quality indicated, or it may exceed that minimum within reasonable limits. 3. In complying with these requirements, indicated numeric values are minimum or maximum values, as noted, or appropriate for context of requirements. Digesters Cleaning WTR-2015-300031 4. Refer instances of uncertainty to the Engineer for decision before proceeding. E. Trade association names and title of general standards are frequently abbreviated. Where acronyms or abbreviations are used in specifications or other Contract Documents they mean recognized name of trade association, standards generating organization, authority having jurisdiction, or other entity applicable to context of text provision. Refer to "Encyclopedia of Associations," published by Gale Research Company. 1.05 SCHEDULES Schedules where they appear in the specifications are not to be considered all- inclusive. Schedules are included only as a supplement to help clarify the plans. END OF SECTION Digesters Cleaning WTR-2015-300031 01 10 50 MEASUREMENT AND PAYMENT PART 1 - GENERAL 1.01 BID A. The bid is a part of these contract documents, and lists each item of work for which payment will be made. No payment will be made for any items other than those listed in the bid. B. Required items of work and incidentals necessary for the satisfactory completion of the project which are not specifically listed in the bid, shall be considered as incidental to the specified work required under this contract. Incidental costs, including Contractor's overhead costs and profit, shall be considered as included in the lump sum or unit prices bid for the various bid items. C. Work includes furnishing all parts, labor,professional services, equipment,tools and materials and performing all operations required to complete the work satisfactorily, in place, as specified and as indicated on the drawings. 1.02 MEASUREMENT AND PAYMENT A. Measurement of an item of work will be by the unit indicted in the bid schedule. B. Measurement will include all necessary and incidental related work not specified to be included in any other item of work listed in the bid schedule. Work includes all labor,professional services equipment,tools, materials and incidental costs to furnish, install, test and place into service all components required for a complete and operating system. C. Unless otherwise stated in individual sections of the specifications and/or in the bid schedule,no separate payment will be made for any item of work,materials,parts, equipment,supplies or related items required to perform and complete the requirements of any section. The costs for all such items required shall be included in the contract price bid for the item of which it is a part. Digester Cleaning WTR-2015-300031 D. Payment will be made at the contract price per unit indicated in the bid with total price of the contract being equal to the total bid, as specified and as modified by extending unit prices multiplied by quantities, as appropriate,to reflect actual work included in the project. Such price and payment shall constitute full compensation to the Contractor for furnishing all parts, labor, professional services, equipment,tools and materials and for performing all operations required to furnish to the Owner the entire project, complete in place as specified and as indicated on the drawings. E. Mobilization and demobilization will be paid 50/50 which mean 50% for Mobilization and 50% for demobilization and not to exceed 5% of the total cost. PANT 2 -PRODUCTS -NOT APPLICABLE PART 3 - EXECUTION-NOT APPLICABLE END OF SECTION Digester Cleaning WTR-2015-300031 01 11 00 SUMMARY OF WORK 1.0 SCOPE OF WORK This information relates to work required to clean and remove and disposal of all accumulated grit and"rags" from assigned digester and/or Blend Tank at the City of Fort Worth Village Creek Water Reclamation Facility. Special Conditions 1. Safety care should be taken to monitor the air in the work area for methane and hydrogen sulfide gas. The Contractor will submit a written safety plan which will include the use of a triple gas (H2S, LEL and 02 deficiency) detection device. The digester will be open to atmosphere, but may contain a gas mixture including ammonia,hydrogen sulfide and/or methane. 2. At any time that high flow or other operational conditions require, the contractor may be required to immediately remove personnel and equipment from the work area. 3. Contractor will be responsible for lock-out/tag-out of equipment; plant staff will assist in designating which equipment will need to be locked-out/tagged-out. 4. Contractor will attend a plant evacuation/orientation class for employees assigned to the Village Creek job. 5. Location: City of Fort Worth Village Creek Water Reclamation Facility; 4500 Wilma Lane;Arlington, Texas 76012. 6. The City is tax exempt from Sales and from Use Tax. 7. The City will only provide service water and contractor will be responsible for providing fire hose and nozzles required for cleaning the digester. 8. At this time, the digester contains approximately 7 feet of material consisting of liquid, "rags" and grit. The total volume is estimated to be approximately 2,000 cubic yards; the volume of grit is estimated to be approximately one thousand cubic yards. Liquid material (excluding slurries grit and/or "rags") that can be pumped can be returned to the plant. For the purpose of bidding, no differentiation is made concerning composition of digester material. Digester Cleaning WTR-2015-300031 Work Required 1. The contractor will submit a bid based on 2,000 tons of material in each single digester. 2. Solid material and liquid which is removed from the digester will be transported to the designated landfill for disposal. Warranty 1. The contractor warrants that work will be completed in a workmanlike manner and that the job site will be returned to the original appearance and state of neatness. 2. Work will be considered acceptable after a final visual inspection. 1.01 WORK INCLUDED A. Conduct cleaning and construct work as described in the Contract Documents. 1. Provide the materials, equipment, and incidentals required to make the project completely operable. 2. Provide the labor, equipment, tools, and consumable supplies required for a complete project. 3. Contractor is required and responsible provide license and permit form City, county and federal government if is required to transport the material to disposal area. 4. Both digesters could be out of service at the same time for purpose of cleaning 1.02 JOB CONDITIONS A. The General Conditions, the Supplementary Conditions, and Division One specifications apply to each specification sections. B. Comply.with all applicable state and local codes and regulations pertaining to the nature and character of the work being performed. C. Option to Renew: The City has the right to renew this contract for three (3) one year term/expenditure based on total base bid under the same terms. City shall give (60) day notice prior to expiration of one year from the date of execution. Digester Cleaning WTR-2015-300031 1.03 DESCRIPTION OF WORK This Project consists of Removal of all accumulated material fr om the assigned digester and/or Blend Tank. Contractor shall provide labor equipment and transportation to remove and transport all the material to designated area for disposal. Contractor is responsible for transporting the material in a safe manor to the deposal facility area. Contractor is required to transport the material in a closed containment or tanker for safety purpose. 1.04 OCCUPANCY A. As soon as all the material removed and broom clean the digester,the Owner shall have the right to accept it form the contractor. B. Owner may accept the facility for continued use after cleaned up and testing at the option of the Owner. If acceptance is delayed at the option of the Owner, shut . down facilities per approved Operation and Maintenance procedures. C. The execution of bonds is understood to indicate the consent of the surety. D. Conduct operations to insure the least inconvenience to the Owner and general public. 1.05 CONTRACTOR'S USE OF PROJECT SITE A. Limit the use of project site for work and storage to the areas at a site approved by the Owner. B. Coordinate the use of the premises with the City Engineer and Project Manager.. C. Assume full responsibility for the protection and safekeeping of products stored at the site. D. Store products such that owner has access to all treatment units for maintenance and operations. E. Obtain and pay for the use of any additional storage or work areas needed for construction. Digester Cleaning WTR-2015-300031 F. Any damage to existing facilities, including contamination, caused by the Contractor's personnel, visitors, materials, or equipment, shall be repaired or corrected at the Contractor's expense. G. No alcoholic beverages or illegal substances shall be permitted on the site at any time. H. Contractor shall coordinate with other contractor if there is any ongoing activity or construction related to the working area. Release of Digester for cleaning is based on plant requirement. This will result in extended period between completion in cleaning one digester and start of cleaning of next digester. Digester Cleaning WTR-2015-300031 013119-1 PRECONSTRUCTION MEETING Pagel of 3 SECTION 013119 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified.and authorized to act on behalf of the entity each represents. nistered by City may be tape recorded. 3. Meeting admi a. If recorded,tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting,prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include.: a. Project Representative b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised Aueust 17,2012 013119-2 PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 0132 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way,utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised Au¢ust 17.2012 013119-3 PRECONSTRUCTION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 112 WARRANTY [NOT USED] PART 2- PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUND4ARY OF CHANGE CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised August 17.2012 013120-1 PROJECT MEETINGS Pagel of 3 SECTION 013120 PROJECT MEETINGS PARTI - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Work and to provide for systematic discussion of potential problems B. Deviations this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMEN'T'S A. Coordination 1. Schedule, attend and administer as specified,periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor,subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may,be tape recorded: a. If recorded,tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings,in addition to those specified in this Section,may be held when requested by the City,Engineer or Contractor. B. Pre-Construction Neighborhood Meeting 1. After the execution of the Agreement,but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule,including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of meeting to be determined by the City. 3. Attendees CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-3.00031 Revised July 1,2011 f 013120-2 PROJECT MEETINGS Page 2 of 3 a. Contractor b. Project Representative c. Other City representatives 4. Meeting Schedule a. In general,the neighborhood meeting will occur within the 2 weeks following the pre-construction conference. b. In no case will construction be allowed to begin until this meeting is held._ C. Progress Meetings 1. Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as- needed basis. Such additional meetings shall include, but not be limited to: a. Coordinating shutdowns b. Installation of piping and equipment c. Coordination between other construction projects d. Resolution of construction issues e. Equipment approval 3. The Project Representative will preside at progress meetings,prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives f. Others, as requested by the Project Representative 5. Preliminary Agenda may include: a. Review of Work progress since previous meeting b. Field observations,problems, conflicts c. Items which impede construction schedule d. Review of off-site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts f. Corrective measures and-procedures to regain projected schedule g. Revisions to construction schedule h. Progress, schedule, during succeeding Work period i. Coordination of schedules j. Review submittal schedules k. Maintenance of quality standards 1. Pending changes and substitutions m. Review proposed changes for: f 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 013120-3 PROTECT MEETINGS Page 3 of 3 p. Review status of Requests for Information 6. Meeting Schedule a. Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a) City b) Engineer c) Contractor 7. Meeting Location a. The City will establish a meeting location. 1) To the extent practicable,meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 SECTION 0132 16 CONSTRUCTION PROGRESS SCHEDULE PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General requirements for the preparation,submittal,updating, status reporting and management of the Construction Progress Schedule 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance Document B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Definitions 1. Schedule Tiers a. Tier 1 -No schedule submittal required by contract. Small,brief duration projects b. Tier 2 -No schedule submittal required by contract,but will require some milestone dates. Small,brief duration projects c. Tier 3 -Schedule submittal required by contract as described in the Specification and herein.Majority of City projects,including all bond program projects d. Tier 4 -Schedule submittal required by contract as described in the Specification and herein.Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e. Tier 5- Schedule submittal required by contract as described in the Specification and herein.Large and/or very complex projects with long durations,high public visibility 1) Examples might include a water or wastewater treatment plant 2. Baseline Schedule-Initial schedule submitted before work begins that will serve. as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule-Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. CITY OF FORT WORTH Digesters Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 0132 16-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 4. Schedule Narrative- Concise narrative of the schedule including schedule changes, expected delays,key schedule issues, critical path items, etc B. Reference Standards 1. City of Fort Worth Schedule Guidance Document 1.4 ADNIINISTRATIVE REQUIREMENTS A. Baseline Schedule 1. General a. Prepare a cost-loaded baseline Schedule using approved software and the Critical Path Method(CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost-loaded baseline Schedule with the City to demonstrate understanding of the work to be performed and known issues and constraints related to the schedule. c. Designate an authorized representative(Project Scheduler)responsible for developing and updating the schedule and preparing reports. B. Progress Schedule 1. Update the progress Schedule monthly as required in the City of Fort Worth Schedule Guidance Document. 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 3. Change Orders a. Incorporate approved change orders,resulting in a change of contract time,in the baseline Schedule in accordance with City of Fort Worth Schedule Guidance Document. C. Responsibility for Schedule Compliance 1. Whenever it becomes apparent from the current progress Schedule and CPM Status Report that delays to the critical path have resulted and the Contract completion date will not be met, or when so directed by the City,make some or all of the following actions at no additional cost to the City a. Submit a Recovery Plan to the City for approval revised baseline Schedule outlining: 1) A written statement of the steps intended to take to remove or arrest the delay to the critical path in the approved schedule 2) Increase construction manpower in such quantities and crafts as will substantially eliminate the backlog of work and return current Schedule to meet projected baseline completion dates 3) Increase the number of working hours per shift,shifts per day,working days per week,the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate the backlog of work 4) Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised.schedule 2. If no written statement of the steps intended to take is submitted when so requested by the City,the.City may direct the Contractor to increase the level of effort in manpower(trades), equipment and work schedule(overtime,weekend and holiday work, etc.)to be employed by the Contractor in order to remove or arrest the delay to the critical path in the approved schedule. a. No additional cost for such work will be considered. CITY OF FORT WORTH Digesters Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and support ing evidence,make findings of fact and will advise the Contractor,in writing thereof. 2) If the City finds that the requested extension of time is entitled,the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time,it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions,weather, technical difficulties, strikes,unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a. Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH Digesters Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 c. Acknowledge and agree that actual delays, affecting paths of activities containing float time,will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. E. Coordinating Schedule with Other Contract Schedules 1. Where work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts,the Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts from the City for the preparation and updating of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors,the City will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire Project. a. In such cases,the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for claims for additional compensation. 1.5 SUBMITTALS A. Baseline Schedule 1. Submit Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. a. Native file format includes: 1) Primavera(P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and bring in hard copy to the meeting for review and discussion. B. Progress Schedule 1: Submit progress Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit progress Schedule monthly no later than the last day of the month. C. Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process 1. The City administers and manages schedules through Buzzsaw. 2. Contractor shall submit documents as required in the City of Fort Worth Schedule Guidance Document. 3. Once the project has been completed and Final Acceptance has been issued by the City,no further progress schedules are required. CITY OF FORT WORTH Digesters Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 0132 16-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1.6 ACTION SUBNIITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] L8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. The person preparing and revising the construction Progress Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUND&ARY OF CHANGE CITY OF FORT WORTH Digesters Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 Revised July 1,2011 013000 SUBMITTALS . 1.00 GENERAL -1.01 WORK INCLUDED A. Submit documentation as required by the Contract Documents and as reasonably requested by the Engineer to: 1. Provide information for the operation and maintenance for the project 2. Provide information for the administration of the Contract. 1.02 CONTRACTOR'S RESPONSIBLITIES A. Review all submittals prior to submission. B. Determine and verify: - 1. Field measurements by quantities as Cubic yard or at the landfill by weight. 2. Quantities and Number of Truck for Transporting to the designated landfill. C. Furnish the following submittals: 1. Schedules, data and other documentation as described in detail in this section or referenced in the General Conditions 2. Documentation required for the administration. D. Not in use E. Not in use 1.04 SUBMITTAL PROCEDURES A. Deliver submittals to the Engineer at the following address: Seiavash Mir,Project Manager, (Room 228) Fort Worth Water Department 1000 Throclonorton St Fort Worth, Texas 76102 Digester Cleaning VJTR-2015-300031 B. Assign a number to the documents originated to allow tracking of the submittal during the review process. 1. Assign a number consisting of a prefix, a sequence number, and a letter suffix. Prefixes shall be as follows: Prefix Description Originator CO Change Order Engineer CMR Contractor's Modification Request Contractor CTR Certified Test Report Contractor EIR Equipment Installation Report Contractor FO Field Order Engineer MIS Miscellaneous Submittal Contractor NBC Notification By Contractor Contractor PCM Proposed Contract Modification Engineer PR Payment Request Contractor PP Project Photographs Contractor RFI Request for Information Contractor SCH Schedule of Progress Contractor A Change Order or Field Order will be issued by the Engineer for deviations approved by the Owner. Deviations from the Contract Documents may only be approved by Change Order or Field Order. END OF SECTION Digester Cleaning WTR-2015-300031 0103 00 SPECIAL PROJECT PROCEDURES 1.00 GENERAL UT DOWNS AND PLANS OF ACTION 1.01 SH A. Shut-downs of operations or equipment must be planned and scheduled. 1. Submit a written plan of action for approval for shutting down essential services. These include: a. Electrical power b. Control power c. Process piping d. Treatment equipment e. Communications equipment f. Other designated functions 2. Describe the following in the Plan of Action: a. Construction necessary b. Utilities, piping, or services affected c. Length.of time the service or utility will be disturbed d. Procedures to be used to carry out the work e. Plan of Action to handle emergencies f. Contingency plan that will be used if the original schedule cannot be met 3. Plan must be received by the Owner two (2)weeks prior to beginning the work. The Owner has identified"Critical Operations"that must not be out of service longer than the designated maximum out of service time and/or must be performed only during the designated times.Work affecting"Critical Operations" is to be performed on a 24-hour a day basis until operations have been restored. 4. Provide additional work force and equipment as required to complete the work affecting "Critical Operations"within the allotted time. 5. Include the cost for work affecting "Critical Operations" in the contract proposal. 6. Designated Critical Operations are: 1) Maximum time out of operation is 8 hours. 7. Liquidated damages will be assessed if work on "Critical Operations" is not completed within the time indicated. 8. Critical operations restrictions shall not apply to work on a plant when that plant is taken out of service by the Owner for the following scheduled time periods: END OF SECTION Digester Cleaning WTR-2015-300031 01360-1 r 0133 60 Quality Control PARTI - GENERAL 1.01 SCOPE A. The Contractor is responsible for quality control throughout the construction project. 1.02 RECORDS A. Throughout construction, daily records shall be maintained of all aspects of the work and all tests performed. All tests performed shall be numbered. One copy of these shall be maintained at the job site and submitted to the Owner at the close-out of the project. 1.03 SCHEDULE A. A specific plan and checklist shall be made between the Contractor and the Owner for observation and inspection to assure that all facility requirements have been met. 1.04 RECORD AVAILABILITY A. All records of the work and all tests performed shall be available at the j ob site for the Owner's use at any time. 1.05 QUALIFICATIONS OF PERSONNEL A. All operations shall be under the control of the Contractor, or the Contractor's General Superintendent. The General Superintendent shall be experienced in all aspects of the project. PART 2 -PRODUCTS NOT USED Digester Cleaning V=015-300031 01360-2 PART 3 - EXECUTION NOT USED 1.02 Property Damage In an event that contractor damage any properly or equipment and any part the facility during the work at the job site, contractor shall act promptly to quickly respond by cleaning ,repair or replace no later than 7 calendar days. Contractor shall be responsible to satisfy claimant. End of Section Digester Cleaning WTR2015-300031 01420-1 0142 00 INSPECTION SERVICES PART 1 - GENERAL - 1.01 SCOPE A. This section summarizes the duties,responsibilities, and limitations of the authority of the Inspector in connection with his observation and inspection of the work. 1.02 AUTHORITY A. On this project,the City of Fort Worth assumes the function of the inspector during cleaning. 1.03 DEFINITIONS A. INSPECTOR: A representative of the owner who will be assigned authority to observe and inspect the work. B. Working Day: Working days are Calendar day. 1.04 LEMTS ON WORKING HOURS A. Contractor may not work on a Saturday, Sunday, or official city holiday; more than eleven hours in a calendar day; or forty five hours in a calendar week without the specific written consent of the owner. All requests for extra working hours must be coordinated with City of Fort Worth staff 2 working days in advanced. 1.05 UNINSPECTED WORK A. Any work performed without benefit of an inspection may require removal and replacement if so directed by the owner. This removal and replacement will be completed by the Contractor at no additional cost to the Owner or the Owner's Representative. PART 2 -PRODUCTS NOT USED PART 3 -EXECUTION Digester Cleaning 7v7R-2015-300031 1 01420-2 t 3.01 AUTHORITY OF THE INSPECTORS in progress prop A The owner's inspection personnel shall observe inspectors or not authorizeddto acepty notify the Contractor of any deficiencies work not in conformance with the plans and specifications,nor are they authorized to change the requirements of the contract documents 3.02 RESPONSI31LITIES OF THE CONTRACTOR A. The Contractor shall provide safe access to the work in order to observe its progress nd and quality. The Contr actor shall also assist the inspector in obtaining samples performing tests as necessary. END OF SECTION Digester Cleaning WTR-2015-300031 015000-1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including,but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1—General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. utility service costs until Work is approved for Final c. Be responsible for Acceptance. 1) Included are fuel,power,light,heat and other utility services necessary for execution, completion,testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired Digester Cleaning CITY OF FORT WORTH WTR-2015-300031 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 015000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric_powered service as required for Work,including testing of Work. 1) Provide power for lighting,operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated,watertight,weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 015000-3 TEMPORARY FACILITIES AND CONTROLS {` Page 3 of 4 I 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection Of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3 5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [ox] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities Digester Cleaning CITY OF FORT WORTH WTR-2015-300031 CITY IFICATION DOCUMENTS eT A KMARD CONSTRUCTION SPEC 1 015000-4 i TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 l, Remove all temporary facilities and restore area after completion of the Work,to a ! colidition equal to or better than prior.to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] [NOT 3.14 ATTACY01ENTS END OF SECTION Revision Log S UNIMARy OF CHANGE DATE NAME Digester Cleaning WTR-2015-300031 CITY OF FORT WORTH ETA*MART)CONSTRUCTION SPECIFICATION DOCUMENTS 017000-1 MOBILIZATION AND REMOBILIZATION Page I of 4 I SECTION 0170 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1, Mobilization and Demobilization su lies a. Mobilization ui ment, and o p PP erating 1) Transportation of Contractor's personnel, eq p to the Site eneral facilities for the Contractor's operation 2) Establishment of necessary g at the Site bonds 3) premiums paid for performance and payment ui went, and operating supplies 4) Transportation of Contractor's personnel, eq p to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization P supplies 1) Transportation of Contractor's personnel, equipment, and o operating PP away from the Site including disassembly 2) Site Clean-up uildings and/or other facilities assembled at the Site for this 3) Removal of all b Contract Mobilization and Demobilization do not include activities ere in the ontractitems of c. Payment is provided work that are for which pay P 2. Remobilization n for Suspension of W ludse ecifically required in the Contract a. Remobilizatio Documents or as required by City m 1) Demobilization uipment,and operating a Transportation of Contractor's personnel, eq supplies from the Site including disassembly or temporarily securing equipment, supplies, and other ewe Woikdesignated by the Contract Documents necessary to susp b) Site Clean-up as designated in the Contract Documents 2) Remobilization equipment, ment, and operating - a) Transportation of Contractor's to resume the Work. supplies to the Site necessary al facilities for the Contractor's b) Establishment of necessary gener operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the b) Stand-by or idle time c) Lost profits . Mobilizations and Demobilize Demobilization Miscellaneous Projects 3. a. Mobilization and Demob Digester Cleaning WTR-2015-300031 CITY OF FORT WORTH QTA7,MARD CONSTRUCTION SPECIFICATION DOCUMENTS 01 70 00-2 MOBILIZATION AND REMOBILIZATIOI' Page 2 of,4 Mo bilization shall consist of the activities and cost on a Work Order basis 1) necessary for: equipment' and operating a) Transportation e Site for the issued rWork eOrder of Contractor's Order- supplies eneral facilities for the Contractor's b) Establishment of necessary g operation at the Site for-the issued Work order,st necessary for* 2) Demobilization shall consist of th s activities ersonnel,equipment,and operating a) Transportation of Contractor, p disassembly for each issued Work supplies from the Site including Order -up for each issued Work Order b) Site Clean c) Removal - all buildings or other facilities assembled at the Site for each Work Oder do not include b. Mobilization and Demobilization ed elsewhere in thelcontractspecific items o work for which payment is prove 4. Emergency Mobilizations and Demobilization ane o bs Projects when irected by the City and the a. A Mobilization for Miscellaneous within l mobilization occurs within 24 hours of the issuance of the Work Order. B_ Deviations from this City of Fort Worth Standard Specification 1, None. C. Related Specification Sections include, but are not necessarily limited to: Re uirements, Contract Forms and Conditions of the Contract 1. Division 0—Bidding q 2. Division 1—General Requirements 1.2 PIUCE AND pAyMENT PROCEDU'ZES per. Measurement and Payment 1. Mobilization and Demobilization a. Measure to the various Items bid. 1) This Item is considered subsidiary - b, Payment in accordance with this Item 1) The work performed and materials furnished and no other compensation will be are subsidiary to the various Items bid d an allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) for this Item shall be per each remobilization performed. Measurement b. Payment 1�! The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"IMe o em nc'cordancepwith Contract umt price per each"Specified Rem Documents. c. The price shall include: 1) Demobilization as described in Section-1.1.A.2.a.1) 2) Remobilization as described in Section e time or lost profits associated this d. No payments will be made for standby, Item. Digester Clea-nag WTR-2015-30po31 CITY OF FORT WORTH ON SPECIFICATION DOCUMENTS o reNDARD CONSTRUCTION i 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall Contract Documents tion and Demobilization required by the b. Payment 1 The Work performed and materials funishe e accordance Item be p d for at the ut and measured as provided under"Measurement" i price per each"Work Order Mobilization"in accordance with mobilization Documents. Demobilization shall be considered subsidiary and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.I.A.3.a.1) 2) Demobilization as described e for d. No payments wil tandby ion dle time, o lost profits associated this l be mad Item. mobilizations for Miscellaneous Projects 5. Emergency Mobilizations and De a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1 The Work performed and materials furnished iaccordance be cid for at the unit and measured as provided under"Measurement" P price per each"Work Order Emergency hall be consoider d subsidiary to Contract Documents. Demobilization mobilization and shall not be paid for separately. C. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section time, or lost profits associated this d. No payments will be made for st y, Item. 1.3 REFERENCES [NOT USED] 1.4 A]DMM*4ISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] Digester Cleaning WTR-2015-300031 CITY OF FORT WORTH QT ArmARD CONSTRUCTION SPECIFICATION DOCUMENTS 017000-4 l REMOBILIZATION MOBILIZATION AND Page 4 of 4 !i 1.11 FIELD [SITE) CONDITIONS [NOT USEDI 1.12 WARRANTY [NOT USEDI PART 2 _ PRODUCTS [NOT USEDI PART 3 - EXECUTION [NOT USEDI END OF SECTION Revision Log StTIVIMARY OF CHANGE DATE NAME Digester Cleaning WTR-2015-300031 CITY OF FORT WORTH c-rAN,MARD CONSTRUCTION SPECIFICATION DOCUMENTS 01 74 23-1 CLEANING i Page 1 of 4 SECTION 0174 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: special cleaning of closed l. Intermediate and final cleaning for Worlc not including s p systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements Seedin and Sodding 3. Section 32 92 13—Hydro-Mulching, g 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION S[lBMITTAL5/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE,AND HANDLING A. Storage and Handling Requirements 1. store cleaning products and cleaning wastes in containers specifically designed for those materials. Digester Cleaning WTR-2015-300031 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 017423-2 CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Don ot dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. Digester Cleaning CITY OF FORT WORTH WTR-2015-300031 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 017423-3 CLEANING Page 3 of 4 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep,wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City,the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not bum on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis,until Final Acceptance. 5. Prior to storm events,thoroughly clean site of all loose or unsecured items,which may become airborne or transported by flowing water during the storm. C. Interior Final Cleaning 1. Remove grease,mastic, adhesives, dust,dirt, stains,fingerprints,labels and other foreign materials from sight-exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts,blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. D. Exterior (Site or Right of Way)Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks,pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including,but not limited to,vaults,manholes, structures, junction boxes and inlets. t Digester Cleaning CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 017423-4 CLEANING Page 4 of 4 4. If no longer required for maintenance of erosion facilities, and upon approval by City,remove erosion control from site. 5. Clean signs,lights,signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION _Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Digester Cleaning STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WTR-2015-300031 0177 19-1 0 177 19 CONTRACT CLOSE-OUT PART 1 - GENERAL 1.01 FINAL INSPECTION A. When the Contractor considers the work complete,he shall submit written certification that all contract documents have been reviewed and all work has been completed and is in compliance with contract documents. He shall also certify that all facilities are operational and all work is completed and ready for final inspections. B. The Owner will make an inspection to verify the status of completion. Should the Owner consider the work incomplete or defective,he will promptly notify the Contractor in writing, listing the incomplete or defective work. The Contractor shall take immediate steps to remedy the stated deficiencies, and send a second written certification to Owner that the work is complete. C. If the Owner finds the work acceptable under the contract documents, he shall request the Contractor to provide all required close-out submittals. 1.02 CLOSE-OUT SUBMITTALS A. The following close-out submittal data shall be provided by the Contractor: 1. Project Record Documents 2. Evidence of Payment and Release of Liens. Submit the following in such form as approved by Owner. a. Contractor's affidavit of payment of debts and claims. b. Contractor's affidavit of release of liens. C. Consent of surety to make final payment. d. Releases or waivers of liens from all subcontractors and others with lien rights against property of Owner. 1.03 FINAL PAYMENT REQUEST A. The Contractor shall submit a payment request to the Engineer. The statement shall reflect all adjustments to the contract and shall include,but not be limited to,the following: Digester Cleaning WRE-2015-300031 1. Original contract sum 2. Additions and deductions resulting from: a. Change orders b. Retainages withheld to date C. Deductions for uncorrected work d. Deductions for liquidated damages 3. Total contract sum, as adjusted 4. Previous payments 5. Sum remaining due B. The Contractor shall submit the final application for payment in accordance with procedures and requirements stated in the contract documents. PART 2 - PRODUCT NOT USED PART 3 - EXECUTION NOT USED END OF SECTION Digester Cleaning WTR2015-300031