The URL can be used to link to this page

Home My WebLink AboutContract 47002 CONTRACT NOI, FORT WORTH,- PROJECT MANUAL FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2011 WSM-F City Project No. 01930 Betsy Price David Cooke Mayor City Manager Andrew T. Cronberg, P.E. Assistant Director, Water Department Douglas W. Wiersig P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth WATER DEPARTMENT 2014 AIMAPM & Associates, Inc. Engineering. Planning . CM Services OF TBPE REG #3091 % 9 2201 Main Street, Suite 1100 ........... Dallas, Texas 75201 ....................... - MASENGU NGENY1 (214) 748-4888 ... ....................... --410E L RY 0 Q 01 ` , City of Texas' �N " �&� Mayor � �� N0 N�/�� NN�� N�� NN�� N1�0�� N �� N�� m�| NN��Nm �=��NNNNNN ��NNm��"°0m^�� N COUNCIL ACTION: Approved on 6/9/2015 - Resolution No' 4469-06-2015 DATE: Tuesday, June OS` 3O15 REFERENCE NO.: C-27328 LOG NAME: 8011WSK8F-CONATGER SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of$2,620,310.00 for Water and Sanitary Sewer Replacement Contract No. 2011, WSM-F on Clayton Road, Woodstock Road, Angus [}rive, Grace Avenue, Harrison Avenue, W. Morphy Street and True Avenue, Provide for Project Costs and Contingencies for o Project Tota| intheAmountof$2.753.31O.00andAduptReimbureement Resolution (COUNCIL DISTRICT 8) RECOMMENDATION: |tie recommended that the City Council: 1. Authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $2.020.31O.00 for Water and Sanitary Sewer Replacement Contract No. 2011. VVGM-F; and 2. Adopt the attached resolution expressing its official Intent to Reimburse expenditures with proceeds of future debt for the Water and Sewer Replacement Contract No. 2011. VVSK8-F Project. DISCUSSION: [)n September 11, 3O12' (K8&CC|-25815) the City Council authorized on Engineering Agreement with APM and /\oaooiotas. Inc., to prepare the plans and specifications for Water and Sanitary Gavver Replacement Contract No. 2011. VVSK8-F. This Mayor and Council Communication (M&C) is to authorize a construction contract for the replacement of the deteriorated water and/or sanitary oavvar mains as indicated on the following streets: STREET FROM �[TO —]SCOPE OF ,Clayton Road Floyd Drive Rowan Drive water/sewer Clayton Ro�d wa ,Woodstock Road Rowan Drvie IF ter/sewer ,Angus Drive Chickering Road Clayton Road 1[sewer i -- -- -�O Marshall Stre Pace Avenue Avenu FRace et �water lHarrison Avenue =Ijerome Street 11E. D ad End The project was advertised for bid on October 30, 2014 and November 6, 2014 in the Fort Worth Star- Telegram. On December 18, 2014, the following bids were received: BIDDER IFAMOUNT I TIME Conatser Construction, TX, LP $2,620,310.00 Da s Calendar Y A&M Construction and Utilities, Inc. $2,956,620.50 William J Schultz, Inc. Circle "C" $3,104,285.00 Construction Jackson Construction, LTD $3,202,494.00 M.E. Burns Construction, Inc. $3,340,615.00 Ark Contracting Services, LLC $3,366,545.00 Atkins Brothers Equipment Co., Inc. $4,760,900.00 In addition to the contract amount, the amount of$54,000.00 (water: $29,500.00; sewer: $24,500.00) is required for construction staking, inspection and material testing and $79,000.00 (water: $47,000.00; sewer: $32,000.00) is provided for project contingencies. Upon approval of this M&C, appropriations for the Water and Sewer Replacement Contract No. 2011, WSM-F, will consist of the following: APM and Associates $ 220,345.00 Conatser Construction TX, LP $2,620,310.00 Construction Staking, Project Management, Inspection, Material $ 160,000.00 Testing and Contingencies Total $3,000,655.00 This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Direct Purchase Note program will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one-percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term financing source, another funding source will be required, which could mean issuance of securities under the Direct Purchase Note Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio, in accordance with the attached Reimbursement Resolution. In accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. The Financial Management Services Department is currently working with all departments to ensure that multi-year Capital Improvements Plans are in place. Newly developed and already existing plans, such as the Water Department's current multi-year Capital Improvement Plan, will be presented to City Council for review and adoption. If the City Council adopted plan does not include issuance of debt for this specific project, the project will be funded utilizing pay-as-you go financing sources. If the City Council adopted plan calls for debt issuance, that debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through other budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax-exempt bond proceeds. Existing Additional Revised Encumbrances Fund Appropriations Appropriations Appropriations and Balance Expenditures Water Capital Projects $ 135,153.00 $ 0.00 $ 135,153.00 $126,153.00 $ 9,000.00 Fund P253 Sewer Capital Projects $112,192.00 $ 0.00 $ 112,192.00 $103,192.00 $ 9,000.00 Fund P258 2017 Water and Sewer Revenue $ 0.00 $2,753,310.00 $2,753,310.00 $ 0.00 $2,753,310.00 Bonds Capital Project Fund Total $247,345.00 $2,753,310.00 $3,000,655.00 $229,345.00 $2,771,310.00 Construction is anticipated to commence in July 2015. With a contract time of 150 calendar days, the construction is estimated to be complete by the end of January 2016. M/WBE OFFICE - Conatser Construction, TX, LP, is in compliance with the City's BDE Ordinance by committing to eight percent MBE participation and documenting good faith effort. Conatser Construction TX, LP, identified several subcontracting and supplier opportunities. However, the MBE's contacted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is 14 percent. The project is located in COUNCIL DISTRICT 9, Mapsco 76S and 76W. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that appropriations are available as directed by M&C G-18375 in the 2017 Water and Sewer Revenue Bonds Capital Project Fund for transfer from Unspecified Funding to the Water and Sanitary Sewer Replacement Contract No. 2011, WSM-F Project for this contract, as depicted in the table: if 11 Available Remaining Fund Appropriation Transfer Available Amount Appropriation Amount 2017 Water and Sewer Revenue $62,866,782.06 $2,753,310.00 $60,113,472.06 Bonds Capital Project Fund FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers P266 485114 601159990100 $2,753,310.00 P266 541200 603170193083 $1,610,710.00 P266 541200 703170193083 $1,088,600.00 P266 511010 603170193080 $4,500.00 P266 531200 603170193084 $8,000.00 P266 531350 603170193084 $2,000.00 P266 531350 603170193085 $15,000.00 P266 511010 703170193080 $3,500.00 P266 531200 703170193084 $8,000.00 P266 531350 703170193084 $1,000.00 P266 531350 703170193085 $12,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department plead: John Carman (8246) Additional Information Contact: Roberto Sauceda (2387) ATTACHMENTS 1. 6011 WSMF-CONATSER Compliance Memo.pdf (CFW Internal) 2. 6011 WSMF-CONATSER MAP 01.pdf (Public) 3. 6011WSMF-CONATSER MAP 02R.pdf (Public) 4. 6011 WSMF-CONATSER MAP 03.pdf (Public) 5. 6011 WSMF-CONATSER MAP 04.pdf (Public) 6. 6011WSMF-CONATSER MAP 05.pdf (Public) 7. C266 485114 601159990100.docx (CFW Internal) & Contract 2011 WSM - F REIMB RESOLUTION(REVISED 3.27.15).doc (Public) 9. FAR-00004 CIP#01930 Water P266.pdf (CFW Internal) 10. FAR-00005 CIP#01930 Sewer P266.pdf (CFW Internal) 11. SAM for Conatser.pdf (CFW Internal) i FORTWORTH 4 PROJECT MANUAL FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2011 WSM-F City Project No. 01930 Betsy Price David Cooke Mayor City Manager Andrew T. Cronberg, P.E. Assistant Director, Water Department Douglas W. Wiersig P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth WATER DEPARTMENT 2014 AllAPM & associates, Inc. Engineering. Planning .CM Services TBPE REG. #3091 �P'(�;•'o •.,r s 2201 Main Street, Suite 1100 �� Dallas, Texas 75201 *MASENGU..NGENY1 (214) 748-4888 ................................ '•.., 97297 R�FSS ON�• ,� 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 3 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 f 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 0073 00 Supplementary Conditions Division 01 - General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 0157 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 7123 Construction Staking and Survey 01 74 23 Cleaning 01 77 19 Closeout Requirements i 01 7823 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 4 Revised November 22,2013 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://proj ectpoint.btizzsaw.com/client/foi-t,,vorthgov/Resources/02%20- %20Construction%2ODocLiments/Specifications Division 02 -Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 3000 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 8000 Modifications to Existing Concrete Structures Division 31 -Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 2500 Erosion and Sediment Control Division 32-Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 3201 29 Concrete Paving Repair 32 11 29 Lime Treated Base Courses 32 12 16 Asphalt Paving 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 1725 Curb Address Painting 3231 13 Chain Fences and Gates 3231 26 Wire Fences and Gates 3231 29 Wood Fences and Gates 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs Division 33 -Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television(CCTV)Inspection 33 0430 Temporary Water Services 33 0440 Cleaning and Acceptance Testing of Water Mains 33 0450 Cleaning of Sewer Mains E 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33 05 13 Frame, Cover and Grade Rings 33 05 17 Concrete Collars 33 0520 Auger Boring CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised November 22,2013 t 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 3 33 0522 Steel Casing Pipe 33 05 23 Hand Tunneling 33 0524 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 0526 Utility Markers/Locators 33 0530 Location of Existing Utilities 33 11 05 Bolts,Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC)Pressure Pipe 33 12 10 Water Services 1-inch to 2-inch 33 1220 Resilient Seated Gate Valve 33 1225 Connection to Existing Water Mains 33 1230 Combination Air Valve Assemblies for Potable Water Systems 33 1240 Fire Hydrants 33 1250 Water Sample Stations 33 1260 Standard Blow-off Valve Assembly 33 31 12 Cured in Place Pipe(CIPP) 33 31 15 High Density Polyethylene(HDPE)Pipe for Sanitary Sewer 33 3120 Polyvinyl Chloride (PVC)Gravity Sanitary Sewer Pipe 33 31 22 Sanitary Sewer Slip Lining 33 31 23 Sanitary Sewer-Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 39 10 Cast-in-Place Concrete Manholes 33 3920 Precast Concrete Manholes 33 3940 Wastewater Access Chamber(WAC) 33 3960 Epoxy Liners for Sanitary Sewer-Structures Division 34-Transportation 3471 13 Traffic Control 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 6000 Product Requirements APPENDIX—A Pavement Core Report END OF SECTION CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.0 193 0 Revised November 22,2013 d f 1 f 1 f Division 00 — General Conditions f I y J , l� 0005 10- 1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page I of 1 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 1 0005 15- 1 ADDENDA Page I of 1 1 SECTION 00 05 15 2 ADDENDA 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of WATER AND SANITARY SEWER REPLACEMENT 6 CONTRACT 2011,WSM-F, CITY PROJECT No. 01930,Water Project No.P253- 7 6073170193083, Sewer Project No.P258-703170193083 will be received by the City of Fort 8 Worth Purchasing Office: 9 10 City of Fort Worth 11 Purchasing Division 12 1000 Throckmorton Street 13 Fort Worth, Texas 76102 14 until 1:30 P.M. CST, Thursday, December 4, 2014, and bids will be opened publicly and read 15 aloud at 2:00 PM CST in the Council Chambers. 16 17 GENERAL DESCRIPTION OF WORD 18 The major work will consist of the(approximate)following: 19 3,100 LF- 8" WATER OPEN CUT 20 2,700 LF - 10" WATER OPEN CUT 21 4,600 LF - 12"WATER OPEN CUT 22 1,900 LF -24"WATER OPEN CUT 23 8,000 LF- 8" SANITARY SEWER OPEN CUT 24 900 LF - 10" SANITARY SEWER OPEN CUT 25 100 LF - 10" SANITARY SEWER HAND TUNNEL 26 900 LF - 12" SANITARY SEWER OPEN CUT 27 28 PREQUAI,IFICATION 29 The improvements included in this project must be performed by a contractor who is pre- 30 qualified by the City at the time of bid opening. The procedures for qualification and pre- 31 qualification are outlined in the Section 00 21 13 —INSTRUCTIONS TO BIDDERS. 32 33 DOCUMENT EXAMINATION AND PROCUREMENTS 34 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 35 of Fort Worth's Purchasing Division website at http://www,fortwoi-tligov.org/ptirchasin�/and 36 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 37 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 38 suppliers. 39 40 Copies of the Bidding and Contract Documents may be purchased from APM &Associates,Inc., 41 2201 Main Street, Ste. 1100,Dallas,TX. 75201. 42 43 The cost of Bidding and Contract Documents is: 44 Set of Bidding and Contract Documents with full size drawings: $ 100.00 45 46 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 47 City reserves the right to waive irregularities and to accept or reject bids. 48 49 1 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 00 11 13-2 INVPrATION TO BIDDERS Page 2 of 2 1 2 3 INQUIRIES 4 All inquiries relative to this procurement should be addressed to the following: 5 Attn: Roberto C. Sauceda, P.E., City of Fort Worth 6 Email: Robert.sauceda @fol-tworthgov.org 7 Phone: (817)392-2387 8 AND/OR 9 Attn: Masengu Ngenyi, P.E., Project Manager, APM &Associates, Inc. 10 Email: mngenyi @apmteaas.com 11 Phone: (214)748-4888 12 13 ADVERTISEMENT DATES 14 October 30, 2014. 15 November 6, 2014. 16 17 END OF SECTION E CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 i 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined 'Perms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 7 00 - GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 13 directly through a duly authorized representative, submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided)makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified(even if inadvertently opened)shall not be considered. 38 39 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within 40 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 41 45 11, BIDDERS PREQUALIFICATIONS. 42 43 3.2.1. Submission of and/or questions related to prequalification should be addressed to 44 the City contact as provided in Paragraph 6.1. 45 46 }l CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 ( Revised November 27,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 2 bidder(s)for a project to submit such additional information as the City, in its sole 3 discretion may require, including but not limited to manpower and equipment records, 4 information about key personnel to be assigned to the project, and construction schedule, 5 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 6 deliver a quality product and successfully complete projects for the amount bid within 7 the stipulated time frame. Based upon the City's assessment of the submitted 8 information, a recommendation regarding the award of a contract will be made to the 9 City Council. Failure to submit the additional information, if requested, may be grounds 10 for rejecting the apparent low bidder as non--responsive. Affected contractors will be 11 notified in writing of a recommendation to the City Council. 12 13 3.4.In addition to prequalification, additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 17 18 4.1.Before submitting a Bid, each Bidder shall: 19 20 4.1.1. Examine and carefully study the Contract Documents and other related data 21 identified in the Bidding Documents (including "technical data" referred to in 22 Paragraph 4.2. below).No information given by City or any representative of the 23 City other than that contained in the Contract Documents and officially 24 promulgated addenda thereto, shall be binding upon the City. 25 26 4.1.2. Visit the site to become familiar-with and satisfy Bidder as to the general, local and 27 site conditions that may affect cost, progress, performance or furnishing of the 28 Work. 29 30 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 31 progress,performance or furnishing of the Work. 32 33 4.1.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 34 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, 35 Department of Transportation, Subtitle A, Office of the Secretary, Part 21, 36 Nondiscrimination in Federally-assisted programs of the Department of 37 Transportation issued pursuant to such Act, hereby notifies all bidders that it will 38 affirmatively insure that in any contract entered into pursuant to this advertisement, 39 minority business enterprises will be afforded full opportunity to submit bids in 40 response to this invitation and will not be discriminated against on the grounds of 41 race, color, or national origin in consideration of award. 42 43 4.1.5. Study all: (1)reports of explorations and tests of subsurface conditions at or 44 contiguous to the Site and all drawings of physical conditions relating to existing 45 surface or subsurface structures at the Site (except Underground Facilities)that 46 have been identified in the Contract Documents as containing reliable "technical 47 data" and (ii)reports and drawings of Hazardous Environmental Conditions, if any, 48 at the Site that have been identified in the Contract Documents as containing 49 reliable "technical data." 50 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised November 27,2012 1 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will furnish. All additional information and data 3 which the City will supply after promulgation of the formal Contract Documents 4 shall be issued in the forum of written addenda and shall become part of the Contract 5 Documents just as though such addenda were actually written into the original 6 Contract Documents. No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto, shall be 8 binding upon the City. 9 10 4.1.7. Perform independent research, investigations,tests, borings, and such other means 11 as may be necessary to gain a complete knowledge of the conditions which will be 12 encountered during the construction of the project. On request, City may provide 13 each Bidder-access to the site to conduct such examinations, investigations, 14 explorations, tests and studies as each Bidder deems necessary for submission of a 15 Bid. Bidder must fill all holes and clean up and restore the site to its former 16 conditions upon completion of such explorations, investigations,tests and studies. 17 18 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 19 cost of doing the Work,time required for its completion, and obtain all information 20 required to make a proposal. Bidders shall rely exclusively and solely upon their 21 own estimates, investigation, research,tests,explorations, and other data which are 22 necessary for full and complete information upon which the proposal is to be based. 23 It is understood that the submission of a proposal is prima-facie evidence that the 24 Bidder-has made the investigation, examinations and tests herein required. Claims 25 for additional compensation due to variations between conditions actually 26 encountered in construction and as indicated in the Contract Documents will not be 27 allowed. 28 29 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 30 between the Contract Documents and such other related documents. The Contractor 31 shall not take advantage of any gross error or omission in the Contract Documents, 32 and the City shall be permitted to make such corrections or interpretations as may 33 be deemed necessary for fulfillment of the intent of the Contract Documents. 34 35 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 36 37 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 38 the site which have been utilized by City in preparation of the Contract Documents. 39 The logs of Soil Borings, if any, on the plans are for general information only. 40 Neither the City nor the Engineer guarantee that the data shown is representative of 41 conditions which actually exist. 42 43 4.2.2. those drawings of physical conditions in or relating to existing surface and 44 subsurface structures (except Underground Facilities)which are at or contiguous to 45 the site that have been utilized by City in preparation of the Contract Documents. 46 1 P I i CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised November 27,2012 4 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 2 on request. Those reports and drawings may not be part of the Contract 3 Documents, but the "technical data" contained therein upon which Bidder is entitled 4 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 6 responsible for any interpretation or conclusion drawn from any "technical data" or 7 any other data, interpretations, opinions or information. 8 9 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 10 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means,methods,techniques, sequences or 13 procedures of construction(if any)that may be shown or indicated or expressly required 14 by the Contract Documents, (iii)that Bidder has given City written notice of all 15 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 17 etc., have not been resolved through the interpretations by City as described in 18 Paragraph 6., and (iv)that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and furnishing the 20 Work. 21 22 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 23 biphenyls (PCBs),Petroleum, Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 25 Documents. 26 27 5. Availability of Lands for Work,Etc. 28 29 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 30 access thereto and other lands designated for use by Contractor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities, construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. 37 38 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 40 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel 41 the award of contract at any time before the Bidder begins any construction work on the 42 project. 43 44 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 45 way, easements, and/or permits, and shall submit a schedule to the City of how 46 construction will proceed in the other areas of the project that do not require permits 47 and/or easements. 48 E 49 50 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised November 27,2012 1 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6. Interpretations and Addenda 2 3 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 4 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 5 received after this day may not be responded to. Interpretations or clarifications 6 considered necessary by City in response to such questions will be issued by Addenda 7 delivered to all parties recorded by City as having received the Bidding Documents. 8 Only questions answered by formal written Addenda will be binding. Oral and other 9 interpretations or clarifications will be without legal effect. 10 11 Address questions to: 12 13 City of Fort Worth 14 1000 Throckmorton Street 15 Fort Worth, TX 76102 16 Attn: Robert Sauceda, P.E., Project Manager, Water Department 17 Fax: (817) 392-8195 18 Email: rober-t.sauceda @fortworthgov.org 19 Phone: (682)432-5478 20 21 22 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 23 City. 24 25 6.3.Addenda or clarifications may be posted via Buzzsaw. 26 27 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 28 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 29 Project. Bidders are encouraged to attend and participate in the conference. City will 30 transmit to all prospective Bidders of record such Addenda as City considers necessary 31 in response to questions arising at the conference. Oral statements may not be relied 32 upon and will not be binding or legally effective. 33 34 7. Bid Security 35 36 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 37 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 38 the requirements of Paragraphs 5.01 of the General Conditions. 39 40 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 41 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 42 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 43 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 44 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 45 other Bidders whom City believes to have a reasonable chance of receiving the award l 46 will be retained by City until final contract execution. 47 I CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 w Revised November 27,2012 i 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which, or the dates by which, Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 5 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or-Equal" Items 11 The Contract, if awarded, will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or "or-equal" items. 13 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 14 equal" item of material or equipment may be-furnished or used by Contractor if acceptable to 15 City, application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 18 Conditions and is supplemented in Section 0125 00 of the General Requirements. 19 20 11. Subcontractors, Suppliers and Others 21 22 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 23 12-2011 (as amended),the City has goals for the participation of minority business 24 and/or small business enterprises in City contracts. A copy of the Ordinance can be 25 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 26 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 27 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 28 Venture Form as appropriate. The Forms including documentation must be received 29 by the City no later than 5:00 P.M. CST, five (5) City business days after the bid 30 opening date. The Bidder shall obtain a receipt from the City as evidence the 31 documentation was received. Failure to comply shall render the bid as non- 32 responsive. 33 34 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 35 or organization against whom Contractor has reasonable objection. 36 37 12. Bid form 38 39 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 40 obtained from the City. 41 42 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 43 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 44 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 45 price item listed therein. In the case of optional alternatives,the words "No Bid," 46 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 47 written in ink in both words and numerals, for which the Bidder proposes to do the 48 work contemplated or furnish materials required. All prices shall be written legibly. 49 In case of discrepancy between price in written words and the price in written 50 numerals,the price in written words shall govern. 51 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.0 193 0 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a rt 7 paner, whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 30 to State Law Non Resident Bidder. 31 32 13. Submission of Bids 33 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 34 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 35 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 36 marked with the City Project Number, Project title,the name and address of Bidder, and 37 accompanied by the Bid security and other required documents. If the Bid is sent through the 38 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 39 with the notation "BID ENCLOSED" on the face of it. 40 41 14. Modification and Withdrawal of Bids 42 43 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 44 withdrawn prior to the time set for bid opening. A request for withdrawal must be 45 made in writing by an appropriate document duly executed in the manner that a Bid 46 must be executed and delivered to the place where Bids are to be submitted at any 47 time prior-to the opening of Bids.After all Bids not requested for withdrawal are 48 opened and publicly read aloud, the Bids for which a withdrawal request has been 49 properly filed may, at the option of the City, be returned unopened. 50 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.0 193 0 Revised November 27,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates(if any) will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 12 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 17 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder,whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves 22 the right to waive informalities not involving price, contract time or changes in the 23 Work with the Successful Bidder. Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders, Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 38 other persons and organizations proposed for those portions of the Work as to which 39 the identity of Subcontractors, Suppliers, and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs, maintenance requirements,performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 3 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility, qualifications, and financial 48 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 6 51 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised November 27,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35% of the value embraced on the Contract, unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than i 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 16 to be awarded, City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds, Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. 29 30 31 32 END OF SECTION �x CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised November 27,2012 G 0035 13 / cONnIC/m IN]ERaSTAFFIDAVIT | pigc/w 7 SECTION OU3S ]3 | z CONFLICT OPDN]EDEST/\FF/DAV/T ' 3 4 Each bidder, ofDror nrn�poodcr�(hon�oo#u�m) �xz�d "You"), also <ouu yoo )(nu City o[Fort Wvdh ( 5 (also referred to as "Ciry`)Procurement are required to complete Conflict of Interest ' o Questionnaire(the attached C)()Form)and Local Government Officer Conflicts Disclosure 7 Statement (the attached (I}S Form) below pursuant(o state law, This affidavit will cmrt/fvthat the | 8 Bidder has on file with the(�ih/ Secretary the required documentation and is eligible 10 'id on / 9 City Work. The referenced forms may be downloaded Bn/n tbevvehoite links provided ~/ovv /0 below, | 7| | !2 D 14 / 15 CI0 Form ioon file with City Secretary lh 17 | | CIQ Form is being provided to the City Secretary | IS 19 CIS Form isoo File with City Secretary | 21 �S Form is being provided to the City Secretary rY 22 21 � 24 ! 25 B01)DER: 26 � 2? ' 38 Company —' 29 4( ease | JO | ,^e=`"'~ ]l Addroso 32 } 33 Title: / 34 City/State/Zip 35 Print) / 36 37 END OF SECTION CITY np FORT WORTH STANDARD CONSTRUCTION msC/r|cxT|ouDOCUMENTS c»mr«4cz �m� wmw.p nem,m m�o»z7.zn1z c/TYoncoscrwo�o/*»o 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: WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2011 WSM-F City Project No.: City Project Number 01930 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. 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. I CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook i 0041 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Sewer Improvements b. Water Improvements c. Paving Improvements d. N/A 4. Time of Completion 4.1, The Work will be complete for Final Acceptance within 300 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 subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 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 3 of 3 7. Bid Submittal This Bid is submitted on o2G le , ao 14 by the entity named below. Respectfully submitted, Receipt is acknowledged of the Initial following Addenda: By: Addendum No. 1:1� (Sign ure) Addendum No. 2:/ Addendum No. 3: r{�( CD r),2L4,c Addendum No. 4: (t' nted Name) Title: PC G) company: r1a-t S2 C bY►S}Y-li ut o� T/xj Corporate Seal: Address: �d, � 16 4 q9 V)o,r-th ,-fx State of Incorporation: '� S Email: GOYIGa-ts e c. con,) Phone: �3)`l) c534- 7413 END OF SECTION i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook SECTION A-WATER IMPROVEMENTS ITEM BID APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. ITEM# QUANTITY WITH BID PRICES WRITTEN IN WORDS PRICE AMOUNT Furnish and install,including all appurtenant work,complete in place the following;items. 1. 3311.0161 250 L.F. 6"PVC Water Pipe dollars Al p Ij cents $ 8300 per Linear Foot. 2. 3311.0261 3,020 L.F. 8"PVC Water Pipe dollars g) cents $!I3,°d per Linear Foot. 3. 331 1.0341 2,700 L.F. 10"PVC Water Pipe r ru r° dollars cents $ per Linear Foot. 4. 3311.0461 4,600 L.F. 12"PVC Water Pipe dollars 0 cents 0 $�c� per Linear Foot. 5. 331 1.0541 60 L.F. 16"PVC Water Pipe SiXi,y FiV-Q- dollars NO cents $ jn�J $ � per Linear Foot. 6. 3311.0641 1,850 L.F. 24"PVC Water Pipe Ne 4U1�d ryd--rvQni dollars �® 0 j} cents per Linear Foot. 7. 3312.3002 13 EA. 6"Gate �— ( Valve )' DlU'e.. + )OUS2 r'iG dollars �D I\)p cents per Each. 8. 3312.3003 25 EA. 8"Gate Valve i �P L)e , i/tJ Ye A dollars ,�A cents $ per Each. BP-IR(ADDENDUM NoA) SECTION A-WATER IMPROVEMENTS ITEM BID APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. ITEM# QUANTITY WITH BID PRICES'WRITTEN IN WORDS PRICE AMOUNT Furnish And install,including all appurtenant work,complete in place the following items. 9. 3312.3004 15 EA. 10"Gate Valve t SiX`J��'� Hufvr�U dollars 1-10 cents $ ! $ per Each. 10. 3312.3005 15 EA. 12"Gate Valve --")p dollars P JO cents per Each. 1 I. 3312.3008 3 EA, 24"Gate Valve w/Vault Iwo cents $ $ ' per Each. 12. 3311.0001 5 TN Ductile Iron Water Fittings w/Restraint at) Y1t1c,U,�G'� dollars cents $ � $, 7 SGT per Ton. 13. 0241.1510 2 EA. Salvage Fire Hydrant re ,, 14 jyd-YV dollars IM cents $ $_d6p}01)_ per Each. 14. 3312.0001 13 EA. Fire Hydrant O` 7gt�7 '}� 1( ct dollars p cents $ $ 37 per Each. 15. 3305.0101 50 W.F. Fire Hydrant Stem Extension dollars t1 ,C0 1y(� cents $ $, � Per Vertical Foot. 15. 3312.2003 130 EA. 1"Water Service } t /1slQ° 0450 dollars t7b Q Cents $I co $ Per Each. BP-2R(ADDENDUM No.4) SECTION A-WATER IMPROVEMENTS ITEM BID APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. ITEM# QUANTITY WITH BID PRICES WRITTE N IN WORDS PRICE AMOUNT Furnish and install,including all appurtenant work,complete in place the following items. 17. 3312.2005 130 EA. I"Water Service,Reconnection 'FW0 dollars cents Per Each. 18. 3312.2103 65 EA. 1 1/2" Water Service S,c-1r eJ') filed dollars 0 c ents )IJ Per Each. 19. 33112 101 65 EA. 1 V2" Water Service, Reconnection dollars cc No cents Per Each. 20. 3304.0101 1 L.S. Temporary Water Services dollars 0 cents cvo� $cm too Per Lump Sum. 21. 3305.0109 6,500 L.F. Trench Safety h-(e dollars h-(e cents $ spo Per Linear Foot. 22. 3201.0111 100 L.F. 4' Wide Asphalt Pavement Repair,Residential dollars cents Per Linear Foot. 23, 3201.0112 100 L.P. 5' Wide Asphalt Pavement Repair,Residential dollars cents VJ5.06 C2 Per Linear Foot. 24. 3201,0201 60 S.Y. Asphalt Pavement Repair Beyond Defined Width, Residential dollars 1-10 cents C Per Square Yard. BP-3R(ADDENDUM NoA) SECTION A-WATER IMPROVEMENTS ITEM BID APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. ITEM # QUANTITY WITH BID PRICES WRITTEN IN WORDS PRICE AMOUNT Furnish and install,including all appurtenant work,complete in place the following items. 25. 3201.0614 100 S.Y. Concrete Pavement Repair,Residential -4 dollars cents $ $ Per Square Yard. 26. 3212,0601 is EA. HMAC Speed Cushion or Equal 'Pb-ti/4--4 dollars cents Per Each. 27. 3216.0101 205 L.F. 6"Concrete Curb and Gutter e yl 4'--1 1 U)a dollars 0 t cents $ Per Linear Foot. 28. 3216.0301 20 S.Y. Concrete Valley Gutter, Residential dollars cents per Square Yard. 29. 3213.0301 130 S.F. 4"Concrete Sidewalk dollars 15 1"Jo cents .00 per Square Foot. 30. 3213.0400 100 S.F. 5"Concrete Driveway dollars ry cents $ per Square Foot. 31. 3292.0100 300 S.Y. Block Sod Placement dollars qoo cents $ per Square Yard. 32. 3471.0001 1 L.S. Traffic Control Design, Provide dollars 0 cents $ per Lump Sum. BP 4R(ADDENDUM No.4) SECTION A-WATER IMPROVEMENTS ITEM BID APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. ITEM# QUANTITY WITH BID PRICES WRITTEN IN WORDS PRICE AMOUNT Furnish and install, including all appurtenant work,complete in place the following items. 31 3241.0400 13,600 L.F. Temporary Asphalt Paving Repair dollars cents $ ��• $[ per Linear Foot. 34. 0000.0001 700 S.Y. 10"of 2:27 Concrete of Permanent Pavement Repair dollars ® cents $ $ per Square Yard. 35. 0000.0002 8 EA. Dehole Exploratory Excavation 1-fL{ tVA � dollars tet G7 cents $ •Ot) $A6� per Each. 36. 0000.0003 40 L.l`. 24"Steel Encasement Pipe. . ud�ed`t1iQ }� dollars N D cents $ /Oy- per Linear Foot. 37. 0000.0004 20 L.F. 36"Steel Encasement Pipe dollars C } 0 cents $ per Linear Foot. 38. 3312.1002 1 EA. 2"Combination Air Valve Assembly for Water }i-Ai 14 Ir"'i Q N�jve-j dollars a Qa .r�} cents $ lkj z- $ per Each. 39. 3312.0117 27 EA, Connection to Existing 4"— 12"Water Main N 'c dollars ,10 cents $�'�L!per Each. 40, 3312,0105 1 EA. Connection to Existing 16"Water Main dollars C2 cents $ I,tXJb. $ i,tO• per Each. BP-5R(ADDENDUM No.4) SECTION A -WATER IMPROVEMENTS ITEM BID APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. ITEM# QUANTITY WITH BID PRICES WRITTEN IN WORDS PRICE AMOUNT Furnish and install,including all appurtenant work,complete in place the following items. 41. 33110108 2 EA. Connection to Existing 24" Water Main 1re 'r f ou sated dollars cents $ter -'b $ per Each. TOTAL SECTION A WATER IMPROVEMENTS NOTE Forward Total to Page BP-IIR(ADDENDUM( No.4) BP-6R(ADDENDUM No.4) SECTION B-SANITARY SEWER IMPROVEMENTS ITEM BID APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. ITEM# QUANTITY WITH BID PRICES WRITTEN IN WORDS PRICE AMOUNT Furnish and install, including all appurtenant work,complete in place the following items. 1. 3331.4115 7,940 L.F. 8" Sewer Pipe dollars hj cents $ $ per Linear Foot. 2, 3331.4201 980 L.F. 10"Sewer Pipe �},,1 �'q l-�•}- dollars cents ,$ TOO $ ,� per Linear Foot. 3. 3331.4208 840 L.F. 12"Sewer Pipe dollars 11i 0 --r° cents $ °1C?=� $ per Linear Foot. 4. 3331.1104 100 L.F. 10"to 12"Pipe Enlargement t 11�tC. L!w s dollars wn cents $ LLUSf $ per Linear Foot. 5. 3331.3101 160 EA. 4" Sewer Service oil& t~l � �.� dollars $25,600.00 NQ cents S 1 per Each. 6. 3339.1001 50 EA. 4' Manhole j,t3t� �1,{ ;r�Yl tiltsr�t Yt &llars cents $ $ a per Each. 7. 3339.1002 5 EA. 4' Drop Manhole t Y i-JQ,qu�Auj dollars T-1)d cents $ d. $ l7t per Each. 8. 3339.1003 90 V.F. 4' Extra Depth Manhole --rWO dollars cents per Vertical Foot. BP-7R(ADDENDUM No.4) SECTION B-SANI'T'ARY SEWER IMPROVEMENTS ITEM BID APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. ITEM# QUANTITY WITH BID PRICES WRITTEN IN WORDS PRICE AMOUNT Furnish and install, including all appurtenant work,complete in place the following items. 9. 3301.0101 55 EA. Manhole Vacuum Testing ' hc� r�cre dollars ral� cents $ c $ l Per Each. 10. 3305.0112 55 EA. C�o-n-c'rete Collar i-Qt,t f` �1 {ti `C dollars ty 0 cents 06 per Each. ]1. 3339-0001 400 V.F. Epoxy Manhole Liner �--� dollars r cents $ l ! $ per Vertical Foot. 12. 3305.0109 9,810 L.F. Trench Safety dollars LQs cents $ � $ per Linear Foot. 13. 3301.0001 100 L.F. Pre-CCTV Inspection dollars cents 00 $ LYJ per Linear Foot. 14. 3301.0002 9,810 L.F. Post-CCTV Inspection dollars oO rte! cents $ t : $ l�t �c; per Linear Foot. 15. 0241.2001 10 C.Y Sanitary Line Grouting Iwo � � dollars Un cents per Cubic Yard. 16, 3201.0111 100 L.F. 4' Wide Asphalt Pavement Repair,Residential dollars �p cents $ � $_'�t7 per Linear Foot. BP-8R(ADDENDUM No.4) SECTION B-SANITARY SEWER IMPROVEMENTS ITEM BID APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO. ITEM# QUANTITY WITH BID PRICES WRITTEN IN WORDS PRICE AMOUNT Furnish and install,including all appurtenant work,complete in place the following items. 17. 3201.0201 60 S.Y. Asphalt Pavement Repair Beyond Defined Width, Residential ci ,f•, dollars 1-,i D cents per Square Yard. 18. 3201.0614 50 S.Y. Concrete Pavement Repair,Residential dollars cents $ G} per Square Yard. 19, 3212.0601 6 EA. HMAC Speed Cushion or Equal dollars �1 cents $ S per Each. 20. 3216.0101 300 L.F. 6"Concrete Curb and Gutter w o dollars cents $ pb 5 /I 6zD per Linear Foot. 21. 3213.0301 100 S.F. 4"Concrete Sidewalk Q. dollars ob hl{� cents S per Square Foot. 22, 3213.0400 100 S.F. 5"Concrete Driveway dollars cents S ic �O $ r.� b17 per Square Foot. 23. 3292.0100 500 S.Y. Block Sod Placement y— dollars } cents per Square Yard. 24. 3471.0001 1 L.S. Traffic Control Design,Provide �j�( (}tt5a r'1 dollars cents $ $� per Lump Sum. BP-9R(ADDENDUM No.4) SECTION B-SANITARY SEWER IMPROVEMENTS ITEM BID APPROX. DESCRIPTION OF ITEMS UNIT TOTAL NO, ITEM# QUANTITY WITH BID PRICES WRITTEN IN WORDS PRICE AMOUNT Furnish and install,including all appurtenant work,complete in place the following items. 25. 3201.0400 12,000 L.F. Temporary Asphalt Paving Repair dollars cents per Linear Foot. 26. 0000.0001 50 S.Y. 10"of 2:27 Concrete of Permanent Pavement Repair dollars cents $ "60 per Square Yard. -2-7. — 0000,0002 5 EA. Dehole Exploratory Excavation L'"AuNdyJ dollars cents $ per Each. 28. 0000.0003 100 L.F. Hand Tunneling } Llla dollars cents per Linear Foot. 29. 0000,0004 100 L.F. 48-inch Box Hand Tunnel dollars cents $ per Linear Foot 30. 0241.2201 10 EA. Remove Sewer Manhole CM C 1 (A dollars cents C96 per Each. TOTAL $1,056,600.00 SECTION B SANITARY SEWER IMPROVEMENTS $ NOTE Fonvard Total to Page BP-11R(ADDENDUM No.4) BP-I OR(ADDENDUM No.4) SUMMARY OF BIDS TOTAL SECTION A WATER IMPROVEMENTS $ f� , 1J� ® TOTAL $1,056,600.00 SECTION B CAD w SANITARY SEWER IMPROVEMENTS $2,620,310.00 TOTAL BID (SECTION A+SECTION B) THIS TO'T'AL TO BE READ AT BITS OPENING r r BP-11R(ADDENDUM No.4) 0043 13 BID BOND Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) Company Name Here hereinafter called the Principal, and (Surety Name) Surety Name Here a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Spell Out Numbers Here and No/100 Dollars ($ Numerals Here .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 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2011 WSM-F 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 12014. By: Company Name Here (Signature and Title of Principal) *By: Surety Narne Here t (Signature of Attorney-of-Fact) *Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only I END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook i I , mem VENDOR COMPLIANCE m STATE LAW Page I of 1 SECTION OU4337 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 (ou{-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for oonshudion, impnovemen!a, supplies orservices 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 undarbid 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 autornatically disqualify that bidder. Resident U�0 bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank . our principal place of bus/neoa. U@� are required tobe 96Here percent lower than resident bidders by State Law. A copy ofthe -- statute ioattached. N�| Nonresident bidders in the State of State Here orBlank . our principal place of business, are not required tu underbid nem �n�biddeno� � B. The principal place cfbusinen ur company or our parent company ormojo�y owner ie in the State of Texas. &� BIDDER: Company Name Here L,(3 By: Printed Name Here j�lr(' C^CAA5 P� Address Hem Qh`60Y 1*�L4Ljg Address Here n/Space r"Y,4-- u1&ful,-VX —T/^>\1 City. State Zip Code Here ~ Ti8e� Title Hane Poe��1 do m~�- Date: END OF SECTION CITY or FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised uo11neo7 00 41 o0_0u4a1a_onm43_0n4nor_ou*s1o_nous1»_am Proposal Workbook 0045 11 -I BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7) days prior 12 to the date of the opening of bids.For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 23 of Incorporation,Articles of Organization, Certificate of Formation,LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun &Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. x CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None" or"N/A" should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under t 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. ( 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 g END OF SECTION 9 s E i i CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 F Revised July 1,2011 0045 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Sewer Improvements Water Improvements Paving Improvements N/A The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Company Name Here By: Printed Name Here Address Here Address Here or Space (Signature) City, State Zip Code Here Title: Title Here Date: END OF SECTION i i 6 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership General Partnership Name under which you wish to qualify Corporation Limited Liability Company Post Office Box City State Zip Code Street Address (required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. 4 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 WORD CA'T'EGORIES 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 k 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 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 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 CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 0045 13-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so,where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 0045 13-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, officer, director, or stockholder of your film is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition,list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.0 193 0 Revised December 20,2012 0045 13-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of S CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization rt President Is panership general, limited, or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners (if applicable) Treasurer LIMITED 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. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 00413-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCE SHEET 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 finn 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. R CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 0045 13-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein fast named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information,while this statement is in force, necessary to verify said statement. being duly sworn, deposes and says that he/she is the of the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer,director,or stockholder or relative thereof. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.0 193 0 Revised December 20,2012 l 00 45 26- 1 CONTRACTOR COMPLIANCE WITII WORKER'S COMPENSATION LAW Page I of I f L 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a),as amended, Contractor certifies that it 5 provides worker-'s compensation insurance coverage for all of its employees employed on City 6 Project No. 01930. Contractor further certifies that,pursuant to Texas Labor Code, Section 7 406.096(b), as amended,it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 12 By: 5� 13 Company (Plea e l']mt ,,r 15 Signature: 16 Address � ' 18 A — Title: �( (Please Print) 19 City/State/Zip � r 20 EM]Y S GRIER. State of Texas 22 THE STATE OF TEXAS ission Expires 23 06, 2019 1 24 COUNTY OF TARRANT § 25 1 26 BEFO the undersi e au ority, on this day personally appeared 27 known to me to be the person whose name is 28 subscrib d to We foregoing i t zne t an acknowledged to me that he/she executed the same as 29 the act and deed of c for the purposes and 30 consideration therein expressed and In the capacity therein stated. 31 i 32 G „ N NDER MY HAND AND SEAL OF OFFICE this day of 33 201�. �.. 34 35 36 ._. 37 goa y P ublic in d for the State of Texas 38 39 END OF SECTION 40 ( i c CONTRACT 2011 WSM-F CITY OF FORT WORTH CITY PROJECT NO.01930 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 � m|s4n | N|moxOYxwuxx.m/wuUSm[SScNlcnrxo*oo*I Page | .[| | 8EC"HON0U4540 U 2 MINORITY BUS|N[SS 6NT8K9K|3OGOAL K 4 APPlACATI }NQF POLICY 8 5 It' the (u(o| dollar value m[Uh o oouiruui is gnooLor (hall $50,008, {hcn the k4B8 sobunu(roo|ing goal � 6 may be applicable. If the k`b| dollar value of Lhe contract is $50,000 or |cym, the K4131", ? subcontracting goal iy not applicable. 8 X « o pODACV0TATEMENT |O It is the policy of'the City nfPnd Worth 10 ensure the bN and equibb|* participation by Minority || Business f-nhrrp,iyea (MI31,") in the procurement of' all goods and services. All requirements and U 12 regulations stated in the City's current Business Diversity l,"ntc,pdaeD/dinooueupp\yt* this bid. |] 14 M00PROJJlJ1'CT G'OAK U 15 The (.itv's K4E38 goal oil this project is /f�, of the kda| bid (B/me bied upplies to /ixkv /om/ ° 16 Coo/o//oWp Je/ricwx1. Note: |[ both IVI08 and SBB yubo*n{mo|iu , goals are established har this 17 pr U �coi, Uhuuuo0U�mrmuaLaubmi1bo1huKN� Jti|izo|ioopu,mundoB�BU(iUxuhmo �ormiob* |O deemed responsive, 8 ~ |9 ZO COMPLIANCE TO BID SPECIFICATIONS 21 On C,iiy contracts g,en(cr (buu $50,000 where u ME12 subcontracting goal is applied, bidders are � oib Ordinance �v one o[ tile required to comply with the intent of the City's 23 fbUovvhl�� 24 1, Meet or exceed the above stated MBE goal through MBE awbewntcactiug participation,or � 2� �. ��u�orea�� d�mubovmabmtmd ��|Kgualt�zromgbD�B0Jnimt»�mntuzmpardeipudo",or 26 3. Good Faith Effort (loounm'obudou` or; 27 4. Waiver documentation. � 28 yoikxrtocomply with the City's K4/YVE\0 Ordinance, uho|| rcsuk in the Bid being considered non- 29 responsive. Any questions, please contact the K0WBL1 Office n<(8l7)392-6|O4. 30 31 S0BMrrrAL OF REQUIRED DOCUMENTATION U 32 'file applicable documents ln!� b received b the Managing Department, niUhio |hc following 33 / allocated, oJ to 1k n1 bid to be u u responsive to the specifications. 34 � 35 Department and obtain a date/tirne receipt. StiQh'i-eccipt shall be evidence that the,City received the 36 documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if oal is met received by 5:00 p.m., five (5) City bLISiness clays after or exceeded: tile bid openill- date,exclusive of tile bid opening(late. 2. Good Faith Effortand SUbcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if participation is less than tile bid opening(late, exclusive of the bid opening date. state(] goal; 3. Good F"aith Effort and Subcontractor received by 5:00 pn., five (5) City bUsiness days after Utilization Form, if no MBI-.,participation: the bid (late,exclusivq 4. Prime Contractor Waiver Form, if firm will received by 5:00 p.m., five (5) City business clays after L)erform all subcontracting/supiflier work: the bid opening date, exclusive of the bid opening�ate. 5. Joint Venture Form, ifutilizing ajoint venture received by 5:00 p.m., live (5) City bUSiness days aller to ineet or exceed goal. tile bid op ning date,exclusive ol'the bid opening date. ^ U 37 END OF SECTION CITY OF FORTWomo mONTaCTzn|| WSm+ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY m«u]ECTN0.0|y3n xuvi`eooxombu,zo,zu|z , cot" . � _ ..� 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on is made by and between the City of Forth 5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 6 ("City"), and Conatser Construction TX LP 7 authorized to do business in Texas, acting by and through its duly authorized representative, 8 ("Contractor"). 9 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 10 follows: 11 Article 1.WORK 12 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 13 Project identified herein. 14 Article 2.PROJECT 15 The project for which the Work under the Contract Documents may be the whole or only a part is 16 generally described as follows: 17 Water and Sanitary Sewer Replacement Contract 2011 WSM-F 18 City Project No. 01930 19 Article 3. CONTRACT TIME 20 3.1 Time is of the essence. 21 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 22 Documents are of the essence to this Contract, 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 300 days after the date when the 25 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of J 36 Acceptance. 1 1 1 H 6111, w, �1,F+gym, f r ( v I?, TA f 4r4 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised August 17,2012 005243-2 Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of Two Million, Six Hundred Twenty Thousand, 40 Three Hundred Ten 00/100 Dollars ($2,620,310.09_______). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents (project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised August 17,2012 005243-3 Agreement Page 3 of 4 76 Article 6.INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in part, by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs,expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city,its officers,servants and employees,from and against any and all loss,damage 90 or destruction of property of the city,arising out of,or alleged to arise out of,the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in part, 95 by any act, omission or negligence of the city. 96 97 Article 7.MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 100 have the meanings indicated in the General Conditions. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable.by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon CITY and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised August 17,2012 i 005243-4 Agreement Page 4 of 4 12o 7.6 Other Provisions. 121 The Contractor agrees to pay at least minimum wage per hour for all labor as the 122 same is classified, promulgated and set out by the City, a copy of which is attached 123 hereto and made a part hereof the same as if it were copied verbatim herein. 124 7.7 Authority to Sign. 125 Contractor shall attach evidence of authority to sign Agreement, if other than duly 126 authorized signatory of the Contractor. 127 128 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 129 counterparts. 130 131 This Agreement is effective as of the last date signed by the Parties ("Effective Date'). 132 li Co tractor: City of Fort Worth mm By: ,m. . 5� Jesus Chapa B Assistant City Mana e Y � „ m S, . ( ignature) Date f Attest: 4 i (Printed Name) Mary J. K alyser, , t9 City Secretary �w m (Seal) Title: Address -fir Date: City/State/Zip: 1V Approved as to Form and Legality: Date Douglas W. Black Senior Assistant City Attorney 133 134 135 APPROVAL RECOMMENDED: 136 /- ( 137 138 ". - .. t 139 Andrew T. Cronberg, P.E. 140 < � , � Assistant DIRECTOR, 141 ° i � ' water Department 142 C ITY -'(a GR EIEr CRY o) w,'H1 17 CITY OF FORT WORTH Contract 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 01930 Revised August 17,2012 onmD- | � r*xpnxmxmc*nomo | Page / 'Jz BondNu� 0138�00 | \ 8YICTI�NN806l13 PERFORMANCE BOND � | ] � 4 THE STATE OFTEXAS 0 ' 8�JO�/ALL BY THESE PRE8ENI�� w b COUNTY OF TARRANT § � 7 �nmu1��Commt�uotooTX�LP knopmus | 8 lku{ p/e ' � V ^^Prindpu|~herein and Berkley Insurarice C . ucorporute 10 sumty(surr|ios^ if more than one)(July authorized todobusiness in the State ofTexn», known us 1 || ^^8uzeiy` herein (v/hc(horone ormnro). are held and Dnn|y hound unto (fie City ofFo�VVonb, u 12 municipal corporation created pumonnt to the laws ofTexxo, known ox'^City" herein, in the penal � 13 sum of, .Two Million,Six Hundred Twenty 1[b d ][bo*eHnndred Ten 00/I00 Dn||um 14 (S , |u*fu) money oy the United States, toho paid in Fort Worth, 15 Tarrant C000ty. [exmoforthepaymuntofv/hichsum °o|) and1ku\ytohcmudc`nehind ^ \h ourselves, Our heirs, executors, u d i i tnto,o. Su000usoro arid assigns,jointly and severally, 17 fiooiybv these presents. 18 WBIIBFA8`iho Principal has entered into u certain written contract with the City 10 awarded the W4 day of 4-17 20 whicbContract is hereby referred to arid " 20 made o part hcncoffhrall purposes as if fully set forth herein,to furnish all materials,equipment 2\ labor and other accessories defined by law, in the prosecution of the Work, including any Change � 22 0nJorm, as prov ided for in said Contract designated as Water arid Sanitary Sewer Replacement 23 Contract 2011 \VSM-F. City Project No. 0lA10 ' 0 TH|80|��[}l�{C �hcoondidonv�U�iuoh|i��douisouohihm\ ifthoouidyr{ocipu\ 24 O , , 25 oh,U fhi\68/|ly perform it obligations under the Conti-act arid shall in all n:speu|u (July and / 26 faithfully pet-form the Work, including Change Orders, Linder the Contract, according tn the plans, 27 spec f teat ions, and contract document-, therein referred to, and as well during any period of | 28 extension oF the Contract that may be granted on the part ufthe City, then this obligation nhuU be 29 and become uuI| arid void,otherwise to remain in ƒu\| force and effect. | 30 PROVIDED FURTHER,that.ifany |cgw| action hu filed outhis Bond, venue shall lie in 3l 7nnnot<�mun1y,ToxusorthoUn�tcd3{utosD\o�r]o�Cou o[7'oxam` Fort ^ 32 Worth Division. -F CITY Or FORT WORTH � rs cnYPROJECT NO,O/«90 xTxwoxnocuNS/xuM|0NsroOncAnowm0Cpm Rcvis�d July t,2011 �I 1 0061 13-2 PERFORMANCF BOND Page 2(if 2 r 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the i 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the /?/ day of 61.1 , 20� . 7 PRINCIPAL: 8 Conatser Construction TX, LP 1 9 " 11 BY 12 '�Shmature -" 13 ATTEST: 14 i 15 Jerry Conatser, President 16 (Principal) Secretary Name and Title 17 18 Address: 5327 Wichita St. 1 19 Fart Worth TX 76119-6035 i 20 — — 22 W� s as to P�� ? incipal�� 23 SURETY: 24 Berkley Insurance Company 25 - -- — 27 28 Signature l 29 J Robb i 30 Morales, Attorney-in-fact 31 Name and Title 32 33 Address:?711 N. Haskell Ave., Suite 800 34 Dallas, TX 75204_ 35 37 Witne s as to Surety Telephone Number: 214/989-0000 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation, If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 OFFICIAL �RECORD 4 CITY OF FORT WORTH CONTRACT 2011 WSM•F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS " ----,. "`"`".' "" CITY PROJECT NO.01930 Revised July 1.2011 006114• t PAYMENT BOND Page I or 1 SECTION 00 61 14 Bond No. 0138600 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Conatser Construction TX,LP known as 9 "Principal" herein, and Berkley Insurance Com an .�. .. 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as I 1 "Surety"herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a fi 12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 13 in the penal sum a o Million, Six Hundred Twenty Thousand,Three Hundred Ten 14 00/100 Dollars ( 2 620 10.00 ), lawful money of the United States, to be paid 15 in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we 16 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, t17 firmly by these presents: 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19 (Ij�day of e !a 20 1 which Contract is hereby referred to and !'4 — 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment" t 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated as Water and Sanitary Sewer Replacement Contract 2011 WSNI-F, 23 City Project No. 01930 24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under r27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 28 force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 31 accordance with the provisions of said statute. OFFICIAL. RECORD 32 )IT SEC(vl°( °`)hAhl"IN CFFY OF FORT wVOK1'H "1,u CONTRACT 2011 wSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECF NO.01930 Revised July 1,2011 0061 14-2 PAYMENT BOND Page 2 of 2 I IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the day of 3 7 20 1-3 4 PRINCIPAL: Conatser Construction TX,,LP 10 ATTEST* By.,-75si nature Jerry Conatser, President Name and Title (Principal) Secretary Address- 5327 Wichita St. Fort Worth, TX 76119-6035 10 s �A�so i S 4Mcipal Witness a SURETY: Berkley Insurance Comm pany ATTEST: BY: -2?!ezaulal - Si,nat,ure (Sur4* Robbi Morales, Attorney-in-fact S retal Name and Title Address: 2711 N. Haskell Ave., Suite 800 Dallas _TX 75Z04 W4i ljes� Wi ness as to Surety Telephone Number: 214/989-0000 5 6 Note: If signed by an officer of the Surety, there Must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION 12 ..... 1UPFFICIAL. RECORD MIT SECRE"VIRY wif CITY OF FORT WORT OR'TH9 -TX I I CONTRACT 201) WSM-F STANDARD CONSTRUCTION SPECIFICA,rION DOCUMENTS CITY PROJECT NO.01930 Revised July 1 20 11 0061 \Y- > MAINTENANCE BOND Page |of 3 Bond No. 01380OO 1 SECTION 00 61 19 � � 2 MAINTENANCE BOND 3 4 THE S][/k]CE OF TEXAS G U 5 8 KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT 8 7 � 8 That we known as 9 "Principal" herein and Benkley surance q n , o corporate surety X 10 (aoreh*a' i{more than one) duly authorized Lodo business io the State ofTexas, known as | | '^Suo:b/`~ herein (whether one or mom:), are bc|d and firmly hound unto the City of Fort Worth., u | 12 municipal corporation created pursuant to the laws ofthe State ofTexas, known as "City" herein, 13 in the sum of d d Twenty_ThomnmoW,][bnco D8nudr*d ][eo 00/100 U 14 Dollars 2,620,310.00 |uvv[u\ money of the United States, iobo paid iu Fort , 15 Worth, Tarrant County, Texas, foi- payment of which Sum well and truly be made unto the City 16 and its Successors, we bind Ourselves, our heirs. executors, adn'linistrators, successors and assigns, 17 jointly and severally, Onn\yhw these presents |8 � 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 30 the lk�day nf ' 3» /��, whichCun1uactiuhon:by 8 21 referred toand uonadc part hereof for all purposes uuif fully set forth herein, to furnish all 22 materials, equipment labor and other accessories nydefioedhv law, in the prosecution ofthe U 23 Work, including any Work resulting from u duly authorized Change Order(collectively herein, 24 the "Work"') as provided for in said contract and designated as Water and Sanitary Sewer � 25 Replacement Contract 20| | VVSM'F, City Project No. 0)93O 26 � 27 WHEREAS, Principal hinds itself to use such materials and to yo construct the Work in � 28 accordance with the plans, specifications and Contract Documents that the Work is and will | %9 remain Orc from 6cGcu1s in mu1e6o}s or workmanship for and during the period of two (2) younn | ` 30 after the date of Final Acceptance of the Work by the City (^^Ma{o(cxunca Period"); and � 31 ' 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or ill part 33 upon receiving notice from the City of tile need therefore at ally time within tile Maintenance ' 34 Period. OFFICIAL RECORD CONTRACT 2011 WSm'r CITY 0F*0n[W0KTu TX s�[xwnxxocowaTxucTIoNopsc|r|[xrmwo0cumswrs CITY pxcuscrn0.ox9]n Revised July 1,20 11 0061 I9-2 MAINTENANCE BOND Pagc 2 of 3 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall fie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division; and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 i F 3 t 3 S CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1.2011 1 onu 19-3 wxINTenxwCsoomu Page non I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this | 2 instrument 6vdui� uudbodzcdu�un(sundotDo�rxuutbi��h� daynf � ' 3 --AL , 20 5 PRINCIPAL: Conatser Construction TX, LP | 7 9 Br: � 0 ��gnumz- ^ )/ ATTEST: 12 J C atae President |3 c// � 14 (Principal)Secretary Name and Title 15 16 Address: 5327 Wichita SL � 17 Fort Worth, TX 76119-6035 � |8 ---- 19 ArA 20 l9hnco7s asMoTdn�pu| U 2| SURETY:' | Company 22 Berkley 8 24 � 25 8Y: 26 w- /vux" 27 � 28 nvuu/ Morales, Attorney-in-fact — " 29 Name and?1Ue 30 21 Address. 2711N Haskell Ave., Suite 800 » 32 VT� m�mg' Dallas," .'` '^2"4 33 ZI 34 � 35 Witn a,to Surey Telephone Number: 214/98900 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 yrnm the by-laws ohov/bn& that this person has authority to sign xuch obligation, If � 39 Surety's physical address ia different from its mailing address, both must he provided. 40 The date o[the bond shall not hc prior io the date the Contract inawarded. � 4| (DFFICIAL RECORD CITY SECREITIARY FT VA,18TH, TX ' CITY O;FORT WORTH CONTRACT zo/| v0w'F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO,0\vm Revised July 1,2011 No. BI-7280f POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J Reyna; Don E. Cornell; Vena DeLene Marshall; Sophinie Hunter;Robbi Morales; or Kelly A. fl,eslbrook of Aon Risk Services Southwest, Inc. of Dallas, TX its true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute,seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof, This Power of Attorney is granted pursuant to the following ?' resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the sea] of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as k though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF, the Company has cau these presents to be signed and attested by its appropriate officers and its .,> corporate seal hereunto affixed this;2;?P8ay of Attest: Berkley Insurance Company (Seal) By l By �.� Ira S, e erman Je after f Senior Vice President& Secretary e r Presides 10 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY"SECURITY PAPER,. Ia ,' STATE OF CONNECTICUT) SS: COUNTY OF FAIRFIELD ) q Sworn to before me, a Notary Public in the State of Connecticut, this da of /t' '� 2015, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secre ryj and the Senior Vice Pre dent, respectively, of Berkley Insurance Company, MARIA C. RUNDBAKEN ' NOTARY PUBLIC MY COMMISSION EXPIRES otary Public, State of Connecticut APRIL 30,2099 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a x true, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date Given under my hand and seal of he Go pang,,-1IA§12tIi" ay of August A 2015 (Seal) g A a r IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond to: Berkley Surety Group, LLC (866) 768-3534 412 Mount Kemble Avenue, Suite 310N Morristown, NJ 07960 Attn: Surety Claims Department You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtection(&-td i.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. t P8/25/2015 ATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Sweeney Company PHONE (817)457-6700 ac No:(817)457-7246 1121 E. Loop 820 South AE-MAIL P O BOX 8720 INSURER(S)AFFORDING COVERAGE NAIC# Fort Worth TX 76124-0720 INSURERA:Bitco National Insurance Co 20109 INSURED INSURERB:Bitco General Insurance Corp 20095 Conatser Construction TX, LP INSURER C: P.O.Box 15448 INSURER D: INSURER E: Fort Worth TX 76119 1 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR SD D POLICY NUMBER MMIDD/YYYY MMIDD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ • CONTRACTUAL, XCU CLP 3 624 273 8/1/2015 6/1/2016 MED EXP(Any one person) $ 5,000 • INDEP CONT BFPD PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY�JE� D LOC PRODUCTS-COMPIOP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000 000 Ea accident r X ANY AUTO BODILY INJURY(Per person) $ p' ALLOWNED SCHEDULED AUTOS AUTOS CAP 3 624 272 8/1/2015 8/1/2016 BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE Per $ AUTOS accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,000 CUP 2 807 688 8/1/2015 8/1/2016 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑N B (Mandatory In NH) WC 3 624 271 8/1/2015 8/1/2016 E.L.DISEASE-EA EMPLOYE $ 1 000 000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CONTRACT 2011 WSM-F WATER & SANITARY SEWER IMPROVEMENTS, CITY PROJ #01930. ALL POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS. THE GL ADDITIONAL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY & NONCONTRIBUTORY WORDING. THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION (10 DAYS FOR NON-PAYMENT OF PREMIUM) TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FORT WORTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 THROCKMORTON ST ACCORDANCE WITH THE POLICY PROVISIONS. FORT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE Charles Sweeney/JOYCE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD I NS025(901401) 006125-1 CERTIFICATE OF INSURANCE Page I of 1 1 SECTION 00 6125 r 2 CERTIFICATE OF INSURANCE 3 4 , 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION F x CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 i STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Docember2l,2012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Pau Article l —Definitions and Terminology..........................................................................................................l 1.01 DeDundInouo...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement o[Contract Time;Notice to Proceed................................................................7 2.09 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.................................................................lO 3.05 Reuse u[Documents...................................................................................................................lO 3.06 Electronic Data............................................................................................................................ll Article 4—Availability of Lands; Subsurface and Hazardous Environmental Conditions;Reference Points...........................................................................................................ll 4.01 Availability o[Lands ..................................................................................................................ll 4.02 Subsurface and Physical Conditions ..........................................................................................l2 4.03 Differing Subsurface or Physical Conditions..........................................................................—l2 4.04 Underground Facilities ...............................................................................................................l3 4.05 Reference Points ................................................................................... .....................................l4 4.06 Hazardous Environmental Condition u1 Site..............................................................................l4 Article 5—Bonds and Insurance.....................................................................................................................l0 5.01 Licensed Sureties and Insurers...................................................................................................ld 5.02 Performance,Payment, and Maintenance Bonds.......................................................................lh 5.03 Ccxtifiuut000f Insurance.............................................................................................................l0 5.04 Contractor's Insurance................................................................................................................lV 5.05 Acceptance of Bonds and to Replace-------------------'lg /\ztioleh—Cozdrootoru Responsibilities—..----.--------------.--------..----l9 6.01 Supervision and Superintendence...............................................................................................l9 onor FORT WORTH STANDARD CONSTRUCTION omaCIFcArmmDOCUMENTS Revision:December2l,2012 , � v 0.02 Labor Gbora------------------------------------..20 6.03 Services, and Equipment----------'---'---'---------.-.20 6.04 Project Schedule..........................................................................................................................2l � 6.05 Substitutes and ----------.----.-----------------'-2l (i00 Concerning and Others....................................................................24 6.07 Wage Rates............... ..................................................................................................................25 \ 6.08 Patent Fees and Royalties----------------.-------.----------..2d 6.09 Permits and Utilities....................................................................................................................27 - 6.10 Laws and Regulations------------'--.----'---'---.-'------..27 � 6.11 Taxes...........................................................................................................................................28 0]2 Use of Site and Other Areas .......................................................................................................28 6.13 Record Documents...................................................................................................................... 9 / 0]4 Safety and Protection-----------------------~--------------29 0.15 Safety Representative.................................................... .............................................................3O 6.16 I{urunl Communication Programs -------------------------------9O ' 0.17 Emergencies and/or Rectification...............................................................................................30 0.18 8uhudUol --------------------------------------------3l 6.19 Continuing the Work......................................................... ..........................................................32 � 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification----------.-----------------------------33 6.22 Delegation of Professional Design Services ..............................................................................]4 \ 6.23 Right^ tofodiL---------------.------------------------34 0.24 m -------------------------------------..35 } Article 7-Other Work u1 the Site...................................................................................................................35 ` 7.01 Related Work ut Site...................................................................................................................35 7.02 Coordination................................................................................................................................3h / Article 8-City's Responsibilities--------------------------------------.36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 � 813 Pay When Due ............................................................................................................................36 8.04 Lands and and Tests...................................................................................30 8.05 Change Orders.............................................................................................................................3d / 8.06 Inspections,Tests, and Approvals------------------'-----------36 8.07 Limitations uoCity's Responsibilities-----------------------------37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 \ 8.09 Compliance with Safety Program--------------------.--------..37 Article 9-City's Observation Status During Construction...........................................................................37 ' 9.01 (3h'u Project Representative--------'--.----------.-------'--..37 9.02 Visits bo Site.............................................................................................................................-97 9'08 Authorized Variations bm Work..................................................................................................38 ( 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................3D 9.00 Decisions on Requirements o[Contract Documents and Acceptability of Work.....................38 | CITY oF FORT WORTH | STANDARD CONSTRUCTION nncnnCArxnxDOCUMENTS Revision:Decmber2l,2012 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 Worlc..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:EW=ber2l,2012 /\diclol7—Miscellaneous------------------------------------------62 17.01 Giving Notice............................................... ..............................................................................b2 � l��02 ofIiuzcu-----------'-------------._---------.62 / ^ ` l7.03 Cumulative Remedies............................. ...................................................................................62 ]7.04 Survival of Obligations--'-------------'---------.—.------.—.8} 17.05 Headings-------------------------.-----------------..03 � CITY mpFORT WORTH ^ STANDARD CONSTRUCTION umsCIFcAruovDOCUMENTS Revision:December2l,2012 007200-1 General Conditions Pagel 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 Dozy– 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:December2l,2012 007200-1 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. i 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, t 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 a 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. E 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dwanber2l,2012 r 007200-1 General Conditions Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day,unless otherwise defined, shall mean a Calendar Day. 27.Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative, assistant,or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of 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:Docember2l,2012 007200-1 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. I 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 t 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. i 48. PCBs—Polychlorinated biphenyls. i 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Duember2l,2012 3 007200-1 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 Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. 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 007200-1 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, woes, 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. i 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:December2l,2012 I 007200-1 General Conditions Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Worlc. 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 firrnished 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 007200-1 General Conditions Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. Y 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 f 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:Decernber2l,2012 i 007200-1 General Conditions Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents.No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 10 of63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 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. F 3.05 Reuse of Documents f A. Contractor and any Subcontractor or Supplier shall not: i 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:Deceunber2l,2012 007200-1 General Conditions Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving parry. 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 E ONMENTAL CONDITIONS;REFERENCE POINTS 4.01 Availability ofLands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or 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:December2l,2012 007200-1 General Conditions Page 12 of63 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 I 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; r 9 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 13 of63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City,during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. i 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: i 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 F CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 i 3 007200-1 General Conditions Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any"technical data" or any such other data,interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers,or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City(and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action,if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fidlest 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 007200-1 General Conditions Page 16 of 63 AR'T'ICLE 5—BOLDS 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 3 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. f CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 { 007200-1 General Conditions Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement,which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. S. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage,nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by City. 11. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis,must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers'Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts s 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:Deeember2l,2012 x 007200-1 General Conditions Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy,unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto', defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work, is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means,methods,techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be z binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work 3 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. t CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 a i 007200-1 General Conditions Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid,unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order, 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal"Reins.- 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:December2l,2012 007200-1 General Conditions Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that,if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decanber2l,2012 i a 007200-1 General Conditions Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales,maintenance,repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation.- City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal."City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use ofsubstituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City)resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 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: i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decernber2l,2012 1 007200-1 General Conditions Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 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:December2l,2012 007200-1 General Conditions Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 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 fidlest 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:December2l,2012 007200-1 General Conditions Page 27 of 63 the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13. 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:December2l,2012 007200-1 General Conditions Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin,TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxfonms/93-foims.htrnl 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:December2l,2012 007200-1 General Conditions Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 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 collect 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:Docember2l,2012 007200-1 General Conditions Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs,if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable,shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Dcmnber2l,2012 i 007200-1 General Conditions Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier,pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the Submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is s responsible; or 1 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 E i 007200-1 General Conditions Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection,test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.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:December2l,2012 007200-1 General Conditions Page 34 of 63 SPECIFICALLY INTENDED TO OPERATEAND BE EFFECTIVE EVEN IF IT IS AI.LEGEID OR PROVEN THAT ALL OR SOME OE—T—HE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PANT, BY' ANY ACT, ® SSION 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 y CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decembe 2l,2012 007200-1 General Conditions Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order toi 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 V1, 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. AR'T'ICLE 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:December2l,2012 007200-1 General Conditions Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; x 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. `I'ICLE 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 i City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Docember2l,2012 { k 007200-1 General Conditions Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project 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:December2l,2012 007200-1 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. k 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 WorkPeTformed 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:December2l,2012 007200-1 General Conditions Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in!the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's collection of defective Work under Paragraph 13.09, or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work,as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each C-)ntract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal(unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor,if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor involve 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 Inchidecd: 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:Docember2l,2012 007200-1 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, j 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 E 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 emplo wed 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. £ 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:Decernber2l,2012 f 00 72 00-1 General Conditions Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0l.A.1 or specifically covered by Paragraph 11.0l.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the 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 II.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 007200-1 General Conditions Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. E 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 UnitPrice 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, ;r but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. t 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:December2l,2012 007200-1 General Conditions Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25%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:Do=nber2l,2012 00 72 00-1 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 TIMIE 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 J 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 12.01.13.2, 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, 11.0l.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.0l.A.5, the Contractor's fee shall be five percent(5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and i 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Decetnber2l,2012 1 007200-1 General Conditions Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and I1.0l.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 11.01.13; 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 007200-1 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 F 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:December2l,2012 r 1 007200-1 Genera(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:December2l,2012 4 007200-1 General Conditions Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent,of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and { guarantee,if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract I' 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 i 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it 1 with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. 1 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:Demnber2l,2012 1 t 007200-1 General Conditions Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim,pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven(7) days written notice to Contractor, correct,or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedide 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: i 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 A 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. i CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 1 I 007200-1 General Conditions Page 53 of 63 B. Review ofApplicatioiis: 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:December2l,2012 007200-1 General Conditions -- Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (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 slim 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. i 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. 3 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:December2l,2012 007200-1 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. TICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation,may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011 established under Paragraph 6.06.13); 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. i1 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. I. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to 3 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 g' CITY OF FORT WORTH 7 STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order,provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02,the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 60 of 63 15.03 City May Tern2inate 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. g 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 1 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:December2l,2012 z 007200-1 General Conditions Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted,shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City,any and all such claims shall be conclusively deemed waived. F. In such case,Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination,including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16—DISPUTE RESOLUI'I®N 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:December 21,2012 007200-1 General Conditions Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—NHSCELLANEOUS 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 i£ 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 parry. 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. e 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. I CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007200-1 General Conditions Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Revision:December2l,2012 007300-I SUPPLEMENTARY CONDITIONS Page I of 6 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 7 Supplementary Conditions 8 9 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other 10 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 11 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 12 of the General Conditions which are not so modified or supplemented remain in full force and effect. 13 14 Defined Terms 15 16 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 17 meaning assigned to them in the General Conditions,unless specifically noted herein. 18 19 Modifications and Supplements 20 21 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 22 other Contract Documents. 23 24 SC-3.03B.2,"Resolving Discrepancies" 25 26 Plans govern over Specifications. 27 28 SC-4.01A 29 30 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 31 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 32 Contract Drawings. f 33 34 SC-4.01A.1.,"Availability of Lands" 35 36 The following is a list of known outstanding right-of-way,and/or easements to be acquired. 37 38 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None 39 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 40 and do not bind the City. 41 42 If Contractor considers the final easements provided to differ materially from the representations on the 43 Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, 44 notify City in writing associated with the differing easement line locations. 45 46 47 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised April I,2013 1 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 6 1 SC-4.01A.2,"Availability of bands" 2 i 3 Utilities or obstructions to be removed,adjusted,and/or relocated 4 5 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated. 6 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None 7 8 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 9 and do not bind the City. 10 11 SC-4.02A.,"Subsurface and Physical Conditions" 12 13 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 14 15 None 16 17 The following are drawings of physical conditions in or relating to existing surface and subsurface 18 structures(except Underground Facilities)which are at or contiguous to the site of the Work: 19 20 None 21 22 SC-4.06A.,"Hazardous Environmental Conditions at Site" 23 24 The following are reports and drawings of existing hazardous environmental conditions known to the City: 25 26 None 27 28 SC-5.03A.,"Certificates of Insurance" 29 30 The entities listed below are"additional insured as their interest may appear" including their respective 31 officers,directors,agents and employees. 32 33 (1) City 34 (2) Consultant: None 35 (3) Other: None 36 37 [Obtain approval for the limits shown for SC 5.04,4 thru 5.04D.from City before finalizing Contract 38 Documents] 39 40 SC-5.04A.,"Contractor's Insurance" 41 42 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 43 coverages for not less than the following amounts or greater where required by laws and regulations: 44 45 5.04A.Workers'Compensation,under Paragraph GC-5.04A. 46 47 Statutory limits 48 Employer's liability 49 $100,000 each accident/occurrence CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised April 1,2013 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 1 $100,000 Disease-each employee 2 $500,000 Disease-policy limit 3 4 SC-5.04B.,"Contractor's Insurance" 5 6 5.04B.Commercial General Liability,under Paragraph GC-5.0413. Contractor's Liability Insurance 7 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 8 minimum limits o£ 9 1 10 $1,000,000 each occurrence 11 $2,000,000 aggregate limit 12 13 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 14 General Aggregate Limits apply separately to each job site. 15 16 The Commercial General Liability Insurance policies shall provide"X","C",and"U"coverage's. 17 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 18 19 SC 5.04C.,"Contractor's Insurance" 20 5.04C. Automobile Liability,under Paragraph GC-5.04C. Contractor's Liability Insurance under 21 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: 22 23 (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", 24 defined as autos owned,hired and non-owned. 25 26 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 27 least: 28 29 $250,000 Bodily Injury perperson/ 30 $500,000 Bodily Injury per accident/ 31 $100,000 Property Damage 32 33 SC-5.04D.,"Contractor's Insurance" 34 35 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 36 material deliveries to cross railroad properties and tracks. None 37 38 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 5 39 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 40 or other property. Such operations on railroad properties may require that Contractor to execute a"Right of 41 Entry Agreement"with the particular railroad company or companies involved,and to this end the 42 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 43 the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate 44 to the Contractor's use of private and/or construction access roads crossing said railroad company's 45 properties. 46 47 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 48 coverage for not less than the following amounts,issued by companies satisfactory to the City and to the 49 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 50 occupy,or touch railroad property: 51 52 (1) General Aggregate: $Confirm Limits with Railroad 53 54 (2) Each Occurrence: $Confirm Limits with Railroad 55 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised April 1,2013 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 6 1 Required for this Contract Not required for this Contract 2 3 4 With respect to the above outlined insurance requirements,the following shall govern: 5 6 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 7 the name of the railroad company. However, if more than one. grade separation or at-grade 8 crossing is affected by the Project at entirely separate locations on the line or lines of the same 9 railroad company,separate coverage may be required,each in the amount stated above. 10 11 2. Where more than one railroad company is operating on the same right-of-way or where several 12 railroad companies are involved and operated on their own separate rights-of-way, the Contractor 13 may be required to provide separate insurance policies in the name of each railroad company. 14 15 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a 16 railroad company's right-of-way at a location entirely separate from the grade separation or at- 17 grade crossing,insurance coverage for this work must be included in the policy covering the grade 18 separation. 19 20 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 21 way, all such other work may be covered in a single policy for that railroad,even though the work 22 may be at two or more separate locations. 23 24 No work or activities on a railroad company's property to be performed by the Contractor shall be 25 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 26 for each railroad company named,as required above. All such insurance must be approved by the City and 27 each affected Railroad Company prior to the Contractor's beginning work. 28 29 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 30 has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, 31 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 32 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the 33 railroad company operating over tracks involved in the Project. 34 35 SC-6.04.,"Project Schedule" 36 37 Project schedule shall be tier 3 for the project. 38 39 SC-6.07.,"Wage Rates" 40 41 The following is the prevailing wage rate table(s)applicable to this project and is provided in the 42 Appendixes. 43 44 SC-6.09.,"Permits and Utilities" 45 46 SC-6.09A.,"Contractor obtained permits and licenses" 47 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 48 49 None 50 51 SC-6.09B. "City obtained permits and licenses" 52 The following are known permits and/or licenses required by the Contract to be acquired by the City: 53 54 None 55 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised April 1,2013 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 1 SC-6.09C."Outstanding permits and licenses" 2 3 The following is a list of known outstanding permits and/or licenses to be acquired. 4 5 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 6 7 SC-6.24B.,"Title VI,Civil Rights Act of 1964 as amended" 8 9 During the performance of this Contract,the Contractor,for itself,its assignees and successors in interest 10 (hereinafter referred to as the"Contractor") agrees as follows: 11 12 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to 13 nondiscrimination in Federally-assisted programs of the Department of Transportation(hereinafter, 14 "DOT")Title 49, Code of Federal Regulations,Part 21, as they may be amended from time to time, 15 (hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part 16 of this contract. 17 18 2. Nondiscrimination: The Contractor,with regard to the work performed by it during the contract,shall I 19 not discriminate on the grounds of race,color,or national origin,in the selection and retention of 20 subcontractors,including procurements of materials and leases of equipment. The Contractor shall not 21 participate either directly or indirectly in the discrimination prohibited by 49 CFR,section 21.5 of the 22 Regulations,including employment practices when the contract covers a program set forth in 23 Appendix B of the Regulations. 24 25 3. Solicitations for Subcontractors,Including Procurements of Materials and Equipment: In all 26 solicitations either by competitive bidding or negotiation made by the contractor for work to be 27 performed under a subcontract,including procurements of materials or leases of equipment,each 28 potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations 29 under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,or 30 national origin. F 31 32 4. Information and Reports: The Contractor shall provide all information and reports required by the 33 Regulations or directives issued pursuant thereto,and shall permit access to its books,records, 34 accounts,other sources of information and its facilities as may be determined by City or the Texas 35 Department of Transportation to be pertinent to ascertain compliance with such Regulations,orders 36 and instructions.Where any information required of a contractor is in the exclusive possession of 37 another who fails or refuses to furnish this information the contractor shall so certify to the City,or the 38 Texas Department of Transportation,as appropriate,and shall set forth what efforts it has made to 39 obtain the information. j 40 41 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the 42 nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the 43 Texas Department of Transportation may determine to be appropriate,including,but not limited to: { 44 ( 45 a. withholding of payments to the Contractor under the Contract until the Contractor 46 complies,and/or 47 b. cancellation,termination or suspension of the Contract,in whole or in part. 48 49 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs(1)through 50 (6)in every subcontract,including procurements of materials and leases of equipment,unless exempt CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised April 1,2013 r P 007300-6 SUPPLEMENTARY CONDITIONS Page 6 of 6 1 by the Regulations,or directives issued pursuant ithereto.The Contractor shall take such action with 2 respect to any subcontract or procurement as City or the Texas Department of Transportation may 3 direct as a means of enforcing such provisions including sanctions for non-compliance:Provided, 4 however,that,in the event a contractor becomes involved in,or is threatened with,litigation with a 5 subcontractor or supplier as a result of such direction,the contractor may request City to enter into 6 such litigation to protect the interests of City,and,in addition,the contractor may request the United 7 States to enter into such litigation to protect the interests of the United States. 8 9 Additional Title VI requirements can be found in the Appendix. 10 11 SC-7.02.,"Coordination" 12 13 The individuals or entities listed below have contracts with the City for the performance of other work at 14 the Site: 15 Vendor Scope of Work Coordination Authority None 16 17 18 SC-8.01,"Communications to Contractor" 19 20 None 21 22 SC-9.01.,"City's Project Representative" 23 24 The following firm is a consultant to the City responsible for construction management of this Project: 25 26 None 27 28 SC-13.03C.,"Tests and Inspections" 29 30 None 31 32 SC-16.010.1,"Methods and Procedures" 33 34 None 35 36 37 38 END OF SECTI®N CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO,01930 Revised April 1,2013 0 J I� 1� J;. f v f Division 01 — General requirements 011100-1 SUMMARY OF WORK Page 1 of 3 1 SECTION 01 11 00 2 SUMMARY OF WORK 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0 -Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 -General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor,materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list,then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises j 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights-of-way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools,materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 01 1100-2 SUMMARY OF WORI{ Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks,the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery,plants, 18 lawns, fences,culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines,to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission,neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements,including removal,temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal,unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 011100-3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 i i i f z f CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 01 25 00-1 SUBSTITUTION PROCEDURES Page 1 of 4 1 SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name fi 12 d. Catalog number 13 2. Substitutions are not "or-equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1 —General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment i 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution - General 26 1. Within 30 days after award of Contract(unless noted otherwise),the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors,trade names, or 31 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or-equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or-equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, i CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 1 012500-2 SUBSTITUTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule,when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements € 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced i 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved,the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. r CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 i 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 4. No additional contract time will be given for substitution. 2 5. Substitution will be rejected if: 3 a_ Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion, acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion, substitution will not pet-form adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product,the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified, and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work,to include building 20 modifications if necessary, making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2 - PRODUCTS [NOT USED] 28 PART 3 - EXECUTION [NOT USED] 29 END OF SECTION 30 Revision Log : DATE NAME SUMMARY OF CHANGE 31 1 CITY OF FORT WORTH CONTRACT 2011 WSM-F e STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 1 EXHIBIT A 2 REQUEST FOR SUBSTITUTION FO 3 4 TO: r 5 PROJECT: DATE: 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 11 Proposed Substitution: 12 Reason for Substitution: 13 Include complete information on changes to Drawings and/or Specifications which proposed 14 substitution will require for its proper installation. 15 16 Fill in Blanks Below: 17 A. Will the undersigned contractor pay for changes to the building design, including engineering 18 and detailing costs caused by the requested substitution? 19 20 21 B. What effect does substitution have on other trades? 22 23 24 C. Differences between proposed substitution and specified item? 25 26 27 D. Differences in product cost or product delivery time? 28 29 30 E. Manufacturer's guarantees of the proposed and specified items are: 31 x 32 Equal Better(explain on attachment) 33 The undersigned states that the function, appearance and quality are equivalent or superior to the 34 specified item. 35 Submitted By: For Use by City 36 37 Signature Recommended Recommended 38 as noted 39 40 Firm Not recommended _Received late 41 Address By 42 Date 43 Date Remarks 44 Telephone 45 46 For Use by City: 47 48 Approved Rejected 49 City Date t CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 0131 19-1 PRECONSTRUCTION MEETING Page I of 3 1 SECTION 01 31 19 2 PRECONSTRUCTION MEETING 3 PART 1 ® GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 AIDMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting,prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. : 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised August 17,2012 0131 19-2 PRECONSTRUCTION MEETING Page 2 of 3 1 e. Other City representatives 2 f. Others as appropriate 3 4. Construction Schedule 4 a. Prepare baseline construction schedule in accordance with Section 0132 16 and 5 provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. 8 5. Preliminary Agenda may include: 9 a. Introduction of Project Personnel 10 b. General Description of Project 11 c. Status of right-of-way,utility clearances, easements or other pertinent permits 12 d. Contractor's work plan and schedule 13 e. Contract Time 14 f. Notice to Proceed 15 g. Construction Staking 16 h. Progress Payments 17 i. Extra Work and Change Order Procedures 18 j. Field Orders 19 k. Disposal Site Letter for Waste Material 20 1. Insurance Renewals 21 m. Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre-Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. Trench Safety Plans 28 t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storm Water Pollution Prevention Plan 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 40 ee. Record Drawings 41 ff. Temporary construction facilities 42 gg. M/WBE or MBE/SBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 J. Questions or Comments CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised August 17,2012 0131 19-3 PRECONSTRUCTION MEETING Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 IDELIVERY, STORAGE,AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONIDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION t 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 i E f k CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised August 17,2012 013120-1 PROJECT MEETINGS Page 1 of 3 1 SECTION 013120 2 PROJECT MEETINGS 3 PART 1 0 GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include,but are not necessarily limited to: 12 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 —General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Coordination 21 1. Schedule, attend and administer as specified,periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded,tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section,may be held when requested 29 by the City,Engineer or Contractor. 30 B. Pre-Construction Neighborhood Meeting 31 1. After the execution of the Agreement,but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule,including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of meeting to be determined by the City. 37 3. Attendees 38 a. Contractor CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 g Revised July 1,2011 013120-2 PROJECT MEETINGS Page 2 of 3 1 b. Project Representative 2 c. Other City representatives 3 4. Meeting Schedule 4 a. In general,the neighborhood meeting will occur within the 2 weeks following 5 the pre-construction conference. 6 b. In no case will construction be allowed to begin until this meeting is held. 7 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings will be 9 scheduled and administered by Project Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as- 11 needed basis. Such additional meetings shall include,but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 16 e. Equipment approval 17 3. The Project Representative will preside at progress meetings,prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 e. City's representatives 28 f. Others, as requested by the Project Representative 29 5. Preliminary Agenda may include: 30 a. Review of Work progress since previous meeting 31 b. Field observations,problems, conflicts 32 c. Items which impede construction schedule 33 d. Review of off-site fabrication, delivery schedules 34 e. Review of construction interfacing and sequencing requirements with other 35 construction contracts 36 f. Corrective measures and procedures to regain projected schedule 37 g. Revisions to construction schedule 38 h. Progress, schedule, during succeeding Work period 39 i. Coordination of schedules 40 j. Review submittal schedules 41 k. Maintenance of quality standards 42 1. Pending changes and substitutions 43 m. Review proposed changes for: 44 1) Effect on construction schedule and on completion date 45 2) Effect on other contracts of the Project 46 n. Review Record Documents 47 o. Review monthly pay request 48 p. Review status of Requests for Information CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 013120-3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable,meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3- EXECUTION [NOT USED] 21 END OF SECTION 22 Revision Log DATE NAME SUMMARY OF CHANGE 23 i CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include,but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 -No schedule submittal required by contract. Small,brief duration 23 projects 24 b. Tier 2 -No schedule submittal required by contract,but will require some 25 milestone dates. Small,brief duration projects 26 c. Tier 3 - Schedule submittal required by contract as described in the 27 Specification and herein.Majority of City projects, including all bond program 28 projects 29 d. Tier 4- Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e. Tier 5- Schedule submittal required by contract as described in the 34 Specification and herein.Large and/or very complex projects with long 35 durations,high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule-Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule-Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 4 01 3216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative-Concise narrative of the schedule including schedule 2 changes, expected delays, key schedule issues, critical path items, etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost-loaded baseline Schedule using approved software and the 9 Critical Path Method(CPM) as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative(Project Scheduler)responsible for 15 developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule monthly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders,resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met, or when so directed by the City,make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day,working 37 days per week,the amount of construction equipment, or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities, and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City,the City may direct the Contractor to increase the level of effort in 43 manpower(trades), equipment and work schedule(overtime, weekend and holiday 44 work, etc.)to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 i 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 D. The Contract completion time will be adjusted only for causes specified in this 2 Contract. 3 a. Requests for an extension of any Contract completion date must be 4 supplemented with the following: 5 1) Furnish justification and supporting evidence as the City may deem 6 necessary to determine whether the requested extension of time is entitled 7 under the provisions of this Contract. 8 a) The City will, after receipt of such justification and supporting 9 evidence,make findings of fact and will advise the Contractor, in 10 writing thereof. 11 2) If the City finds that the requested extension of time is entitled,the City's 12 determination as to the total number of days allowed for the extensions 13 shall be based upon the approved total baseline schedule and on all data 14 relevant to the extension. 15 a) Such data shall be included in the next updating of the Progress 16 schedule. 17 b) Actual delays in activities which, according to the Baseline schedule, 18 do not affect any Contract completion date shown by the critical path in 19 the network will not be the basis for a change therein. 20 2. Submit each request for change in Contract completion date to the City within 30 21 days after the beginning of the delay for which a time extension is requested but 22 before the date of final payment under this Contract. 23 a. No time extension will be granted for requests which are not submitted within 24 the foregoing time limit. 25 b. From time to time, it may be necessary for the Contract schedule or completion 26 time to be adjusted by the City to reflect the effects of j ob conditions,weather, 27 technical difficulties, strikes,unavoidable delays on the part of the City or its 28 representatives, and other unforeseeable conditions which may indicate 29 schedule adjustments or completion time extensions. 30 1) Under such conditions,the City will direct the Contractor to reschedule the 31 work or Contract completion time to reflect the changed conditions and the 32 Contractor shall revise his schedule accordingly. 33 a) No additional compensation will be made to the Contractor for such 34 schedule changes except for unavoidable overall contract time 35 extensions beyond the actual completion of unaffected work, in which 36 case the Contractor shall take all possible action to minimize any time 37 extension and any additional cost to the City. 38 b) Available float time in the Baseline schedule may be used by the City 39 as well as by the Contractor. 40 3. Float or slack time is defined as the amount of time between the earliest start date 41 and the latest start date or between the earliest finish date and the latest finish date 42 of a chain of activities on the Baseline Schedule. 43 a. Float or slack time is not for the exclusive use or benefit of either the 44 Contractor or the City. 45 b. Proceed with work according to early start dates,and the City shall have the 46 right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 a 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 c. Acknowledge and agree that actual delays, affecting paths of activities 2 containing float time, will not have any effect upon contract completion times, 3 providing that the actual delay does not exceed the float time associated with 4 those activities. 5 E. Coordinating Schedule with Other Contract Schedules 6 1. Where work is to be perforled under this Contract concurrently with or contingent 7 upon work performed on the same facilities or area under other contracts, the 8 Baseline Schedule shall be coordinated with the schedules of the other contracts. 9 a. Obtain the schedules of the other appropriate contracts from the City for the 10 preparation and updating of Baseline schedule and make the required changes 11 in his schedule when indicated by changes in corresponding schedules. 12 2. In case of interference between the operations of different contractors, the City will 13 determine the work priority of each contractor and the sequence of work necessary 14 to expedite the completion of the entire Project. 15 a. In such cases,the decision of the City shall be accepted as final. 16 b. The temporary delay of any work due to such circumstances shall not be 17 considered as justification for clailns for additional compensation. 18 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. Submit Schedule in native file format and pdf format as required in the City of Fort 21 Worth Schedule Guidance Document. 22 a. Native file format includes: 23 1) Primavera (P6 or Primavera Contractor) 24 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 25 bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 C. Schedule Narrative 31 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 32 Schedule Guidance Document. 33 2. Submit schedule narrative monthly no later than the last day of the month. 34 D. Submittal Process 35 1. The City administers and manages schedules through Buzzsaw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3. Once the project has been completed and Final Acceptance has been issued by the 39 City,no further progress schedules are required. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 01 32 16-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALS//11WO lAT1ONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. The person preparing and revising the construction Progress Schedule shall be 6 experienced in the preparation of schedules of similar complexity. 7 B. Schedule and supporting documents addressed in this Specification shall be prepared, 8 updated and revised to accurately reflect the performance of the construction. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2- PRODUCTS [NOT USED] 15 FART 3- EXECUTION [NOT USED] 16 END OF SECTION 17 Revision Log DATE NAME SUMMARY OF CHANGE 18 9 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 ;j Revised July 1,2011 } 01 32 33-1 PRECONSTRUCTION VIDEO Pagel of2 1 SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 P T 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video i 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] i CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 013233-2 PRECONSTRUCTION VIDEO Page 2 of 2 1 PART 3 m EXECUTION [NOT USED] 2 END OF SECTION 3 Revision Log DATE NAME SUMMARY OF CHANGE 4 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 01 33 00-1 SUBMITTALS Pagel of 8 1 SECTION 0133 00 2 SUBMITTALS 3 P T 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work-related submittals: ( 8 a. Shop Drawings 9 b. Product Data(including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare,prioritize and transmit each Submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including,but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing .. 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 013300-2 SUBMITTALS Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples,utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter,A-Z, indicating the resubmission of the same drawing(i.e. 11 A=2nd submission,B=3rd submission, C=4th submission, etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission(second resubmission) of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings,product data and samples,including those by 22 subcontractors,prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) `By this submittal,I hereby represent that I have determined and verified 33 field measurements, field construction criteria,materials, dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 %inches x 11 inches to 8 1/z inches x 1 linches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items/Table of Contents 44 c. Product Data/Shop Drawings/Samples/Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 01 3300-3 SUBMITTALS Page 3 of 8 1 1 The Project title and number 2 3. Contractor identification 3 4. The names o£ 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number,page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes,but is not necessarily limited to: 17 a. Custom-prepared data such as fabrication and erection/installation(working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting f 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing-in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs r z CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 I Revised December 20,2012 1 013300-4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational-range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare-parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections,include,but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed,materials purchased or on-site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work,materials,fabrication,and installations in conformance 26 with approved shop drawings, applicable samples, and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site, or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned, Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution(if required in lieu of electronic distribution) CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 013300-5 SUBMITTALS Page 5 of 8 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples, where required, to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors, including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City, except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy, for coordinating the 35 Work with all other associated work and trades, for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings, data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance,the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under 1 of the following codes: 43 a. Code 1 44 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 45 comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 I CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 i 013300-6 SUBMITTALS Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however, all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however, all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all continents, omissions and 14 non-conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 Calendar Days of 16 the date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense,based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than 1 resubmission or any other delay in obtaining City's 37 review of submittals,will not entitle the Contractor to an extension of Contract 38 Time, 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial, at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor, and will be considered"Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents,then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 013300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include,but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications F 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information(RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information(RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with"RFI"followed by series number, "-xxx",beginning with"01"and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required,the City will issue a Field Order or Change 29 Order, as appropriate. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] i CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 013300-8 SUBMITTALS Page 8 of 8 I PART 2- PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D.Johnson 1.4.K.8.Working Days modified to Calendar Days 5 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 013513-I SPECIAL PROJECT PROCEDURES Pagel of 8 t 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 E T 1 ® GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives,Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction f 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 1. {Coordination tivith North Central Texas Council of Governments Clean 19 Construction Specification[remove if not required]) 20 B. Deviations from this City of Fort Worth Standard Specification 21 1. None. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 24 2. Division 1 —General Requirements } 25 3. Section 33 12 25—Connection to Existing Water Mains 26 1.2 PRICE AND PAYMENT PROCEDURES 27 A. Measurement and Payment 28 1. Coordination within Railroad permit areas 29 a. Measurement 30 1) Measurement for this Item will be by lump sum. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 will be paid for at the lump sum price bid for Railroad Coordination. 34 c. The price bid shall include: 35 1) Mobilization 36 2) Inspection 37 3) Safety training 38 4) Additional Insurance 39 5) Insurance Certificates F 4 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 0135 13-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 6) Other requirements associated with general coordination with Railroad, 2 including additional employees required to protect the right-of-way and 3 property of the Railroad from damage arising out of and/or from the 4 construction of the Project. 5 2. Railroad Flagmen 6 a. Measurement 7 1) Measurement for this Item will be per working day. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 will be paid for each working day that Railroad Flagmen are present at the 11 Site. 12 c. The price bid shall include: 13 1) Coordination for scheduling flagmen 14 2) Flagmen 15 3) Other requirements associated with Railroad 16 3. All other items 17 a. Work associated with these Items is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this Specification refer to the current reference 22 standard published at the time of the latest revision date logged at the end of this 23 Specification,unless a date is specifically cited. 24 2. Health and Safety Code,Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 25 High Voltage Overhead Lines. 26 3. North Central Texas Council of Governments (NCTCOG)—Clean Construction 27 Specification 28 1.4 ADMMSTRATIVE REQUIREMENTS 29 A. Coordination with the Texas Department of Transportation 30 1. When work in the right-of-way which is under the jurisdiction of the Texas 31 Department of Transportation(TxDOT): 32 a. Notify the Texas Department of Transportation prior to commencing any work 33 therein in accordance with the provisions of the permit 34 b. All work performed in the TxDOT right-of-way shall be performed in 35 compliance with and subject to approval from the Texas Department of 36 Transportation 37 B. Work near High Voltage Lines 38 1. Regulatory Requirements 39 a. All Work near High Voltage Lines (more than 600 volts measured between 40 conductors or between a conductor and the ground) shall be in accordance with 41 Health and Safety Code,Title 9, Subtitle A, Chapter 752. 42 2. Warning sign 43 a. Provide sign of sufficient size meeting all OSHA requirements. 44 3. Equipment operating within 10 feet of high voltage lines will require the following 45 safety features CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 t 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Insulating cage-type of guard about the boom or arm 2 b. Insulator links on the lift hook connections for back hoes or dippers 3 c. Equipment must meet the safety requirements as set forth by OSHA and the 4 safety requirements of the owner of the high voltage lines 5 4. Work within 6 feet of high voltage electric lines 6 a. Notification shall be given to: 7 1) The power company(example: ONCOR) 8 a) Maintain an accurate log of all such calls to power company and record y 9 action taken in each case. 10 b. Coordination with power company 11 1) After notification coordinate with the power company to: 12 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 13 lower the lines 14 c. No personnel may work within 6 feet of a high voltage line before the above 15 requirements have been met. 16 C. Confined Space Entry Program 17 1. Provide and follow approved Confined Space Entry Program in accordance with 18 OSHA requirements. 19 2. Confined Spaces include: 20 a. Manholes 21 b. All other confined spaces in accordance with OSHA's Permit Required for 22 Confined Spaces 23 D. Air Pollution Watch Days 24 1. General 25 a. Observe the following guidelines relating to working on City construction sites 7 26 on days designated as"AIR POLLUTION WATCH DAYS". 27 b. Typical Ozone Season 28 1) May 1 through October 31. 1 29 c. Critical Emission Time 30 1) 6:00 a.m. to 10:00 a.m. 31 2. Watch Days 32 a. The Texas Commission on Environmental Quality(TCEQ), in coordination 33 with the National Weather Service, will issue the Air Pollution Watch by 3:00 J 3 p.m. on the afternoon prior to the WATCH day. 35 b. Requirements 36 1) Begin work after 10:00 a.m. whenever construction phasing requires the E 37 use of motorized equipment for periods in excess of 1 hour. 38 2) However,the Contractor may begin work prior to 10:00 a.m. if: 39 a) Use of motorized equipment is less than I hour, or 40 b) If equipment is new and certified by EPA as "Low Emitting", or 41 equipment burns Ultra Low Sulfur Diesel(ULSD), diesel emulsions, or 42 alternative fuels such as CNG. 43 E. TCEQ Air Permit 44 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 45 F. Use of Explosives,Drop ht p � p Wei Etc.g 46 1. When Contract Documents permit on the project the following will apply: i CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 0135 13-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 a. Public Notification 2 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 3 prior to commencing. 4 2) Minimum 24 hour public notification in accordance with Section 01 31 13 5 G. Water Department Coordination 6 1. During the construction of this project, it will be necessary to deactivate, for a 7 period of time, existing lines. The Contractor shall be required to coordinate with 8 the Water Department to determine the best times for deactivating and activating 9 those lines. 10 2. Coordinate any event that will require connecting to or the operation of an existing 11 City water line system with the City's representative. 12 a. Coordination shall be in accordance with Section 33 12 25. 13 b. If needed, obtain a hydrant water meter from the Water Department for use 14 during the life of named project. 15 c. In the event that a water valve on an existing live system be turned off and on 16 to accommodate the construction of the project is required, coordinate this 17 activity through the appropriate City representative. 18 1) Do not operate water line valves of existing water system. 19 a) Failure to comply will render the Contractor in violation of Texas Penal 20 Code Title 7, Chapter 28.03 (Criminal Mischief)and the Contractor 21 will be prosecuted to the full extent of the law. 22 b) In addition,the Contractor will assume all liabilities and 23 responsibilities as a result of these actions. 24 H. Public Notification Prior to Beginning Construction 25 1. Prior to beginning construction on any block in the project, on a block by block 26 basis,prepare and deliver a notice or flyer of the pending construction to the front 27 door of each residence or business that will be impacted by construction. The notice 28 shall be prepared as follows: 29 a. Post notice or flyer 7 days prior to beginning any construction activity on each 30 block in the project area. 31 1) Prepare flyer on the Contractor's letterhead and include the following 32 information: 33 a) Name of Project 34 b) City Project No (CPN) 35 c) Scope of Project(i.e. type of construction activity) 36 d) Actual construction duration within the block 37 e) Name of the contractor's foreman and phone number 38 f) Name of the City's inspector and phone number 39 g) City's after-hours phone number 40 2) A sample of the `pre-construction notification' flyer is attached as Exhibit 41 A. 42 3) Submit schedule showing the construction start and finish time for each 43 block of the project to the inspector. 44 4) Deliver flyer to the City Inspector for review prior to distribution. 45 b. No construction will be allowed to begin on any block until the flyer is 46 delivered to all residents of the block. 47 I. Public Notification of Temporary Water Service Interruption during Construction CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 0135 13-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 i 1 1. In the event it becomes necessary to temporarily shut down water service to 2 residents or businesses during construction,prepare and deliver a notice or flyer of 3 the pending interruption to the front door of each affected resident. 4 2. Prepared notice as follows: 5 a. The notification or flyer shall be posted 24 hours prior to the temporary 6 interruption. 7 b. Prepare flyer on the contractor's letterhead and include the following 8 information: 9 1) Name of the project 10 2) City Project Number 11 3) Date of the interruption of service 12 4) Period the interruption will take place 13 5) Name of the contractor's foreman and phone number 14 6) Name of the City's inspector and phone number 15 c. A sample of the temporary water service interruption notification is attached as 16 Exhibit B. 17 d. Deliver a copy of the temporary interruption notification to the City inspector 18 for review prior to being distributed. 19 e. No interruption of water service can occur until the flyer has been delivered to 20 all affected residents and businesses. 21 f. Electronic versions of the sample flyers can be obtained from the Project 22 Construction Inspector. 23 J. Coordination with United States Army Corps of Engineers(USACE) 24 1. At locations in the Project where construction activities occur in areas where 25 USACE permits are required,meet all requirements set forth in each designated 26 permit. 27 K. Coordination within Railroad Permit Areas 28 1. At locations in the project where construction activities occur in areas where 29 railroad permits are required,meet all requirements set forth in each designated 30 railroad permit. This includes,but is not limited to,provisions for: 31 a. Flagmen 32 b. Inspectors 33 c. Safety training 34 d. Additional insurance 35 e. Insurance certificates 36 f. Other employees required to protect the right-of-way and property of the 37 Railroad Company from damage arising out of and/or from the construction of 38 the project. Proper utility clearance procedures shall be used in accordance 39 with the permit guidelines. 40 2. Obtain any supplemental information needed to comply with the railroad's 41 requirements. 42 3. Railroad Flagmen 43 a. Submit receipts to City for verification of working days that railroad flagmen 44 were present on Site. 45 L. Dust Control 46 1. Use acceptable measures to control dust at the Site. 47 a. If water is used to control dust, capture and properly dispose of waste water. l CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 t Revised December 20,2012 { 0135 13-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 b. If wet saw cutting is performed, capture and properly dispose of slurry. 2 M. Employee Parking 3 1. Provide parking for employees at locations approved by the City. 4 N. {Coordination with North Central Texas Council of Governinents (NCTCOG) Clean 5 Construction Specification[if required for the project—verify with City] 6 1. Comply with equipment, operational, reporting and enforcement requirements set 7 forth in NCTCOG's Clean Construction Specification.} 8 1.5 SUDMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 END OF SECTION 19 Revision Log DATE NAME SUMMARY OF CHANGE 1.4.13—Added requirement of compliance with Health and Safety Code,Title 9. 8/31/2012 D.Johnson Safety,Subtitle A.Public Safety,Chapter 752.High Voltage Overhead Lines. 1.4.E—Added Contractor responsibility for obtaining a TCEQ Air Permit 20 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 1 EXHIBIT A 2 (To be printed on Contractor's Letterhead) 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: 10 Mapsco Location: 11 Limits of Construction: I 12 13 i G 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORD ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 s 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 i 28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO,> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 37 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 } s 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 EXHIBIT B 2 FORTWORTH Date* DOE NO.Xj= ® name: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY ]IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR 3 4 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.0 1930 Revised December 20,2012 014523-1 TESTING AND INSPECTION SERVICES Page 1 of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART 1 ® GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements i 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. f 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails,the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [RIOT USED] 26 1.4 ADMINISTRATI`TE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City,notify City, sufficiently 31 in advance,when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance,that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution(if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor fi•om obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2- PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 01 5000-1 TEMPORARY FACILITIES AND CONTROLS Pagel of4 i 1 SECTION 0150 00 r 2 TEMPORARY FACILITIES AND CONTROLS 3 P T 1 ® GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including,but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. E- 15 C. Related Specification Sections include,but are not necessarily limited to: 16 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 —General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel,power,light,heat and other utility services necessary for E 32 execution, completion,testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as p p 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination i 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 01 5000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion of the Work,to a 2 condition equal to or better than prior to start of Work. 3 3.12 )PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 01 55 26-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Pagel of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 P T 1 a GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include,but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 3. Section 34 71 13—Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification,unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings,provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings,prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. t CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction,then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs,replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete,to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division,to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 g£ f 1 gE t f S 3 I k } 3 j. 1 z1z t 4 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 { Revised July 1,2011 i 015713-1 STORM WATER POLLUTION PREVENTION Pagel of 3 1 SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART 1 ® GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 L Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the 11 Contract 12 2. Division I —General Requirements 13 3. Section 3125 00—Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES i 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 3125 00. i 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 3 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification,unless a date is specifically cited. 32 2. Integrated Storm Management(iSWM)Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS d 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan, CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 s 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 3125 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System(TPDES) General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR150000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works,Environmental Division, (817) 392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 3125 00 17 b) The Drawings 18 c) TXR150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System(TPDES) General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division, (817) 392-6088. 29 2) TCEQ Notice of Change required if making changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 3125 00 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 01 33 00, except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works,Environmental Division for review CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction,resubmit modified SWPPP to the City 3 in accordance with Section 01 33 00. 4 1.6 ACTIONSUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] r 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 3 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2- PRODUCTS [NOT USED] i i 12 PART 3- EXECUTION [NOT USED] 13 END OF SECTION 14 Revision Log DATE NAME SUMMARY OF CHANGE f r z 15 1 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 r k 01 58 13-1 TEMPORARY PROJECT SIGNAGE Pagel of 3 1 SECTION 0153 13 2 TEMPORARY PROJECT SIGNAGE 3 P T 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 's 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] i k- 17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] f 26 PART 2 - PRODUCTS 27 2.1 OWNER—FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] E 28 2.2 EQUIPMENT,PRODUCT TYPES,AND MATERIALS 29 A. Design Criteria 30 1. Provide freestanding Project Designation Sign in accordance with City's Standard 31 Details for project signs. I CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 t 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of%-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed,upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 ]FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION 31 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 01 53 13-3 TEMPORARY PROJECT SIGNAGE Page:3 of 3 t 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 I i s t f I t s i E ' 3 (I I 4 I S CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 016000-1 PRODUCT REQUIREMENTS Pagel of 2 1 SECTION 0160 00 2 PRODUCT REQUIREMENTS 3 P T 1 ® GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02-Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 6 ' 25 D. Although a specific product is included on City's Standard Product List,not all 26 products from that manufacturer are approved for use, including but not limited to,that 27 manufacturer's standard product. 28 E. See Section 0133 00 for submittal requirements of Product Data included on City's 29 Standard Product List, 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] I 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] S CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 1 Revised December 20,2012 t 01 6000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 2 1.11 FIEILID [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D.Johnson Modified Location of City's Standard Product List 8 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO,01930 Revised December 20,2012 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Pagel of 4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART 1 e GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include,but are not necessarily limited to: 14 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 —General Requirements i 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] E 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] E 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 LS MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. r s CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 i 01 6600-2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements I 1 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors,public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off-site storage and protection when on-site storage is not adequate. 25 a. Provide addresses of and access to off-site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns,.grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials maybe distributed along route of construction at 37 one time is 1,000 linear feet,unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 016600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 ]FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR/RESTORATION [NOT USED] 10 3.6 RE-INSTALLATION [NOT USED] 11 3.7 FIELD [oR] SITE QUALITY CONTROL, l 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non-Conforming Work 15 1. Reject all products or equipment that are damaged,used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 4 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] I 29 END OF SECTION i 30 1 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 t 016600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 1 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 01 7000-1 MOBILIZATION AND REMOBILIZATION Page I of 4 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 1PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Mobilization and Demobilization } 7 a. Mobilization 8 1) Transportation of Contractor's personnel, equipment, and operating supplies 9 to the Site 10 2) Establishment of necessary general facilities for the Contractor's operation 11 at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor's personnel, equipment, and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor's operation 16 from 1 location to another location on the Site. 17 b. Demobilization '$ 18 1) Transportation of Contractor's personnel, equipment, and operating supplies 19 away from the Site including disassembly 20 2) Site Clean-up 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract. 25 2. Remobilization 26 a. Remobilization for Suspension of Work specifically required in the Contract 27 Documents or as required by City includes: 28 1) Demobilization 29 a) Transportation of Contractor's personnel, equipment, and operating 30 supplies from the Site including disassembly or temporarily securing 31 equipment, supplies, and other facilities as designated by the Contract 32 Documents necessary to suspend the Work. 33 b) Site Clean-up as designated in the Contract Documents 34 2) Remobilization 35 a) Transportation of Contractor's personnel, equipment, and operating 36 supplies to the Site necessary to resume the Work. 37 b) Establishment of necessary general facilities for the Contractor's 38 operation at the Site necessary to resume the Work. 39 3) No Payments will be made for: 40 a) Mobilization and Demobilization from one location to another on the 41 Site in the normal progress of performing the Work. 42 b) Stand-by or idle time 43 c Lost p rofits 44 3. Mobilizations and Demobilization for Miscellaneous Projects 45 a. Mobilization and Demobilization CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 017000-2 MOBILIZATION AND REMOBILIZATION Page 2 of 4 1 1) Mobilization shall consist of the activities and cost on a Work Order basis 2 necessary for: 3 a) Transportation of Contractor's personnel, equipment, and operating 4 supplies to the Site for the issued Work Order. 5 b) Establishment of necessary general facilities for the Contractor's 6 operation at the Site for the issued Work Order 7 2) Demobilization shall consist of the activities and cost necessary for: 8 a) Transportation of Contractor's personnel, equipment, and operating 9 supplies from the Site including disassembly for each issued Work 10 Order 11 b) Site Clean-up for each issued Work Order 12 c) Removal of all buildings or other facilities assembled at the Site for 13 each Work Oder 14 b. Mobilization and Demobilization do not include activities for specific items of 15 work for which payment is provided elsewhere in the contract. 16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 17 a. A Mobilization for Miscellaneous Projects when directed by the City and the 18 mobilization occurs within 24 hours of the issuance of the Work Order. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include,but are not necessarily limited to: 22 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 23 2. Division 1 —General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Mobilization and Demobilization 27 a. Measure 28 1) This Item is considered subsidiary to the various Items bid. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 are subsidiary to the various Items bid and no other compensation will be 32 allowed. 33 2. Remobilization for suspension of Work as specifically required in the Contract 34 Documents 35 a. Measurement 36 1) Measurement for this Item shall be per each remobilization performed. 37 b. Payment 38 1) The work performed and materials furnished in accordance with this Item 39 and measured as provided under"Measurement"will be paid for at the unit 40 price per each"Specified Remobilization"in accordance with Contract 41 Documents. 42 c. The price shall include: 43 1) Demobilization as described in Section 1.1.A.2.a.1) 44 2) Remobilization as described in Section 1.1.A.2.a.2) 45 d. No payments will be made for standby, idle time, or lost profits associated this 46 Item. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 1 3. Remobilization for suspension of Work as required by City 2 a. Measurement and Payment 3 1) This shall be submitted as a Contract Claim in accordance with Article 10 4 of Section 00 72 00. 5 2) No payments will be made for standby, idle time, or lost profits associated 6 with this Item. 7 4. Mobilizations and Demobilizations for Miscellaneous Projects 8 a. Measurement 9 1) Measurement for this Item shall be for each Mobilization and f 10 Demobilization required by the Contract Documents 11 b. Payment 12 1) The Work performed and materials furnished in accordance with this Item 13 and measured as provided under"Measurement"will be paid for at the unit 14 price per each"Work Order Mobilization"in accordance with Contract 15 Documents. Demobilization shall be considered subsidiary to mobilization 16 and shall not be paid for separately. 17 c. The price shall include: 18 1) Mobilization as described in Section 1.1.A.3.a.1) 19 2) Demobilization as described in Section 1.1.A.3.a.2) 20 d. No payments will be made for standby, idle time, or lost profits associated this 21 Item. r 22 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 23 a. Measurement 24 1) Measurement for this Item shall be for each Mobilization and rt 25 Demobilization required by the Contract Documents 26 b. Payment 27 1) The Work performed and materials furnished in accordance with this Item 28 and measured as provided under"Measurement"will be paid for at the unit 29 price per each"Work Order Emergency Mobilization"in accordance with 30 Contract Documents. Demobilization shall be considered subsidiary to 31 mobilization and shall not be paid for separately. 32 c. The price shall include 33 1) Mobilization as described in Section LLAA.a) 34 2) Demobilization as described in Section LLA.3.a.2) 35 d. No payments will be made for standby, idle time, or lost profits associated this 36 Item. 37 1.3 REFERENCES [NOT USED] E 38 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] i` 39 1.5 SUBMITTALS [NOT USED] 40 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 41 1.7 CLOSEOUT SUBMITTALS [NOT USED] 42 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] I 43 1.9 QUALITY ASSURANCE [NOT USED] 44 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 017000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 a PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 ENO OF SECTION 6 Revision Log DATE NAME SUMMARY OF CHANGE 7 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO,01930 Revised December 20,2012 017123-1 CONSTRUCTION STAKING AND SURVEY Pagel of 4 1 SECTION 01 7123 2 CONSTRUCTION STAKING AND SURVEY 3 PART 1 ® GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES t 13 A. Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) This Item is considered subsidiary to the various Items bid. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item are subsidiary to the various Items bid and no other compensation will 20 be allowed. 21 2. Construction Survey 22 a. Measurement 23 1) This Item is considered subsidiary to the various Items bid. 24 b. Payment 25 1) The work performed and the materials furnished in accordance with this 26 Item are subsidiary to the various Items bid and no other compensation will 27 be allowed. 28 1.3 REFERENCES [NOT USED] 29 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 30 1.5 SUBMITTALS 31 A. Submittals, if required, shall be in accordance with Section 01 33 00. i 32 B. All submittals shall be approved by the City prior to delivery. 33 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS I 34 A. Certificates 35 1. Provide certificate certifying that elevations and locations of improvements are in 36 conformance or non-conformance with requirements of the Contract Documents. 37 a. Certificate must be sealed by a registered professional land surveyor in the p 38 State of Texas. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 4 1 B. Field Quality Control Submittals 2 1. Documentation verifying accuracy of field engineering work. 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERI SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE 6 A. Construction Staking 7 1. Construction staking will be performed by the City. 8 2. Coordination 9 a. Contact City's Project Representative at least 2 weeks in advance for 10 scheduling of Construction Staking. 11 b. It is the Contractor's responsibility to coordinate staking such that construction 12 activities are not delayed or negatively impacted. 13 3. General 14 a. Contractor is responsible for preserving and maintaining stakes furnished by 15 City. 16 b. If in the opinion of the City, a sufficient number of stakes or markings have 17 been lost, destroyed or disturbed,by Contractor's neglect, such that the 18 contracted Work cannot take place,then the Contractor will be required to pay 19 the City for new staking with a 25 percent markup. The cost for staking will be 20 deducted from the payment due to the Contractor for the Project. 21 B. Construction Survey 22 1. Construction Survey will be performed by the City. 23 2. Coordination 24 a. Contractor to verify that control data established in the design survey remains 25 intact. 26 b. Coordinate with the City prior to field investigation to determine which 27 horizontal and vertical control data will be required for construction survey. 28 c. It is the Contractor's responsibility to coordinate Construction Survey such that 29 construction activities are not delayed or negatively impacted. 30 d. Notify City if any control data needs to be restored or replaced due to damage 31 caused during construction operations. 32 1) City shall perform replacements and/or restorations. 33 3. General 34 a. Construction survey will be performed in order to maintain complete and 35 accurate logs of control and survey work as it progresses for Project Records. 36 b. The Contractor will need to ensure coordination is maintained with the City to 37 perform construction survey to obtain construction features, including but not 38 limited to the following: 39 1) All Utility Lines 40 a) Rim and flowline elevations and coordinates for each manhole or 41 junction structure 42 2) Water Lines 43 a) Top of pipe elevations and coordinates for waterlines at the following 44 locations: 45 (1) Every 250 linear feet CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 4 1 (2) Horizontal and vertical points of inflection, curvature, etc. (All 2 Fittings) 3 (3) Cathodic protection test stations 4 (4) Sampling stations 5 (5) Meter boxes/vaults (All sizes) 6 (6) Fire lines 7 (7) Fire hydrants 8 (8) Gate valves 9 (9) Plugs, stubouts, dead-end lines 10 (10) Air Release valves (Manhole rim and vent pipe) 11 (11) Blow off valves (Manhole rim and valve lid) 12 (12) Pressure plane valves 13 (13) Cleaning wyes 14 (14) Casing pipe(each end) 15 b) Storm Sewer 16 (1) Top of pipe elevations and coordinates at the following locations: 17 (a) Every 250 linear feet 18 (b) Horizontal and vertical points of inflection, curvature, etc. 19 c) Sanitary Sewer 20 (1) Top of pipe elevations and coordinates for sanitary sewer lines at 21 the following locations: 22 (a) Every 250 linear feet 23 (b) Horizontal and vertical points of inflection, curvature, etc. 24 (c) Cleanouts i 25 c. Construction survey will be performed in order to maintain complete and 26 accurate logs of control and survey work associated with meeting or exceeding 27 the line and grade required by these Specifications. 28 d. The Contractor will need to ensure coordination is maintained with the City to 29 perform construction survey and to verify control data,including but not 30 limited to the following: 31 1) Established benchmarks and control points provided for the Contractor's if 32 use are accurate 33 2) Benchmarks were used to furnish and maintain all reference lines and 34 grades for tunneling 35 3) Lines and grades were used to establish the location of the pipe 6 36 4) Submit to the City copies of field notes used to establish all lines and 37 grades and allow the City to check guidance system setup prior to 38 beginning each tunneling drive. 39 5) Provide access for the City to verify the guidance system and the line and 40 grade of the carrier pipe on a daily basis, 41 6) The Contractor remains fully responsible for the accuracy of the work and 42 the correction of it, as required. 43 7) Monitor line and grade continuously during construction. 44 8) Record deviation with respect to design line and grade once at each pipe 45 joint and submit daily records to City. 46 9) If the installation does not meet the specified tolerances, immediately notify 47 the City and correct the installation in accordance with the Contract E ` 48 Documents. F 49 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 APPLICATION 9 3.5 REP /RESTORATION [NOT USED] 10 3.6 -INSTALLATION [NOT USED] 11 3.7 FIELD [OR] SITE QUALITY CONTROL 12 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 13 City in accordance with this Specification. 14 B. Do not change or relocate stakes or control data without approval from the City. 15 3.8 SYSTEM STARTUP [NOT USED] 16 3.9 ADJUSTING [NOT USED] 17 3.10 CLEANING [NOT USED] 18 3.11 CLOSEOUT ACTIVITIES [NOT USED] 19 3.12 PROTECTION [NOT USED] 20 3.13 MAINTENANCE [NOT USED] 21 3.14 ATTACHMENTS [NOT USED] 22 END OF SECTION 23 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 24 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 017423-1 CLEANING Page 1 of 4 1 SECTION 0174 23 2 CLEANING 3 PANT 1 ® GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 3. Section 32 92 13—Hydro-Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. i E 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE,AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. ` CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 a Revised July 1,2011 017423-2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 P T 2 - PRODUCTS 4 2.1 OWNER-FURNISHED [OR] ® ER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR/RESTORATION [NOT USED] 19 3.6 -INSTALLATION [NOT USED] 20 3.7 )FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 017423-3 CLEANING Page 3 of 4 1 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 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on-site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as-needed basis,until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease,mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 23 foreign materials from sight-exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 4 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts,blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior(Site or Right of Way)Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re-seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. t 39 2. Sweep roadway to remove all rocks,pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including,but not limited to, vaults,manholes, structures, 42 junction boxes and inlets. k CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 017423-4 CLEANING Page 4 of 4 1 4. If no longer required for maintenance of erosion facilities, and upon approval by 2 City,remove erosion control from site. 3 5. Clean signs, lights, signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 Revision Log DATE NAME SUMMARY OF CHANGE 10 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 017719-1 CLOSEOUT REQUIREMENTS Pagel of 3 1 SECTION 01 7719 2 CLOSEOUT REQUIREMENTS 3 PART 1 m GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees,Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates,licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 I 017719-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PANT 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 0178 39 11 2. Operation and Maintenance Data,if required, in accordance with Section 0178 23 12 S. Prior to requesting Final Inspection,perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning,provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor,in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice,inform the City,that the required Work has been completed. Upon receipt 26 of this notice,the City,in the presence of the Contractor,will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include,but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory, the City will issue a Notice of Project Completion(Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens s 9 d. Consent of Surety to Final Payment 10 e. Pipe Report(if required) 11 f. Contractor's Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. E 17 3.5 REPAIR/RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [RIOT USED] 21 3.9 ADJ USTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 Revision Log f DATE NAME SUMMARY OF CHANGE F p� E 29 t I CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 01 7823-1 OPERATION AND MAINTENANCE DATA Page 1 of 5 1 SECTION 0178 23 2 OPERATION AND MAINTENANCE DATA 3 PANT 1 ® GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include,but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) 11 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 0133 00 . All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS I 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 %2 inches x 11 inches 34 b. Paper 35 1) 40 pound minimum,white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten E CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO,01930 Revised December 20,2012 017823-2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab,bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly-leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available,provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor,name of responsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List,with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3, Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 017823-3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 5. Copy of each warranty,bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection,maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function,normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up,break-in,routine and normal operating instructions 32 2) Regulation, control, stopping, shut-down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly,repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 01 7823-4 OPERATION AND MAINTENANCE DATA Page 4 of 5 1 i. Charts of valve tag numbers,with location and function of each valve 2 j. List of original manufacturer's spare parts,manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function,normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly,repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts,manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised December 20,2012 017823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 1.5.A.1—title of section removed 8 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.0 1930 Revised December 20,2012 01 78 39-1 PROJECT RECORD DOCUMENTS Pagel of 4 i SECTION 0178 39 2 PROJECT RECORD DOCUMENTS 3 P T 1 m GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include,but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents,making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents, CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records,make entries within 24 hours after[receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work,both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement,investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data,use means necessary to again secure the data 12 to the City's approval. 13 a. In such case,provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 ® ER-F ISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection,provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS -JOB SET". CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City,until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil(not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes,use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits, circuits,piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor,subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings,by dimension accurate to within 1 31 inch,the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note,the vertical location of the Item("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents,coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual location of items. v CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 01 7839-4 PROJECT RECORD DOCUMENTS Page 4 of 4 1 c. Call attention to each entry by drawing a "cloud" around the area or areas 2 affected. 3 d. Make changes neatly, consistently and with the proper media to assure 4 longevity and clear reproduction. 5 2. Transfer of data to other Documents 6 a. If the Documents, other than Drawings,have been kept clean during progress of 7 the Work, and if entries thereon have been orderly to the approval of the City, 8 the job set of those Documents, other than Drawings,will be accepted as final 9 Record Documents. 10 b. If any such Document is not so approved by the City, secure a new copy of that 11 Document from the City at the City's usual charge for reproduction and 12 handling, and carefully transfer the change data to the new copy to the approval 13 of the City. 14 3.5 REPAIR/RESTORATION [NOT USED] 15 3.6 RE-INSTALLATION [NOT USED] 16 3.7 ]FIELD [OR] SITE QUALITY CONTROL [NOT USED] 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION [NOT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END GE SECTION 25 Revision Log DATE NAME SUMMARY OF CHANGE 26 CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 1 1, �1 1 a Appendix J 1 t 1 1 h , 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-0 1 60 00 Product Requirements APPENDIX—A Pavement Core Report i CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 GC-4.01 Availability of Lands F CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 GC-4.04 Underground Facilities CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO,01930 Revised July 1,2011 i GC-4.06 Hazardous Environmental Condition at Site fi 3 x } 4 y 3 { S i t CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 i -6.06.D M*nor'ty and Women Owned Business Enterprise Compliance CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 6.07 Wage Rates CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 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 F Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 } Truck Driver Lowboy-Float $ 16.24 Truck Driver Transit-Mix $ 14.14 Truck Driver,Single Axle $ 12.31 Truck Driver,Single or Tandem Axle Dump Truck $ 12.62 Truck Driver,Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway, Heavy,Utilities,and Industrial Construction in Texas. Page 1 of 1 ( 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) $ 1100 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 l 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 t s i l t 3 yf 3 'f Page 2 of 2 G'C-6.09 Permits and Utilities CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 0 193 0 Revised July 1,2011 (3 ® ® Nondiscrimination CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.0 193 0 Revised July 1,2011 i i �Y , ROv Ar l MEO BOAM _ .40pMent NMI � ry �t F � - S ,3 } t Teas Water Development Board Instructions on Use of Supplemental Contract Conditions For Projects Funded through the Clean Water Tier If State Revolving Fund Replaces ED-004 5 Z { i, P 3 f t CWSRF Forms-TWDB-0101 -2/28/2013 Paae 126 Table ®f Contents Applicability..................................................................................................... .. ............................... ...........3 Applicationof Conditions...........................:.................................................................................................3 Modifications to Provisions GoodBusiness Practices...............................................................................................................................3 OtherRequirements.....................................'.................................................................................................4 Advertisementsfor Bids ...............................................................................................................................4 BidProposal..................................................................................................................................................5 BiddingProcess ............................................................................................................................................5 I Instructionsto Bidders..................................................................................................................................6 1. CONTINGENT AWARD OF CONTRACT....................................................................................6 2. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION..............................6 3. BID GUARAN TEE..........................................................................................................................6 4. AWARD OF CONTRACT TO NONRESIDENT BIDDER............................................................6 Construction Contract—Supplemental Conditions.......................................................................................7 I 1. SUPERSESSION..................................................................................................................................7 2. PRIVITY OF CONTRACT.................................................... ................7 ............................................... 3. DEFINITIONS......................................................................................................................................7 i 4. LAWS TO BE OBSERVED.................................................................................................................7 5. REVIEW BY OWNER and TWDB......................................................................................................7 6. PERFORMANCE AND PAYMENT BONDS.....................................................................................7 7. PROGRESS PAYMENTS AND PAYMENT SCHEDULE.................................................................8 8. WORKMAN'S COMPENSATION INSURANCE COVERAGE...................................................... 10 9. CHANGES.......................................................................................................................................... 10 10.PREVAILING WAGE RATES ........................................................................................................ I 1 I 11. Davis-Bacon Requirements............................................................................................................... 15 MONTHLY DAVIS BACON ACT CERTIFICATE of COMPLIANCE......................................................26 Submittalby Recipient.........................................................................................................................26 STATEMENT OF COMPLIANCE CERTIFICATION BY CONTRACTOR FOR SRF.............28 DOLPayroll form WH-347 ....................................................................................................................30 12.EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION...............................34 12. DEBARMENT AND SUSPENSION...............................................................................................35 13. ARCHEOLOGICAL DISCOVERIES AND CULTURAL RESOURCES......................................36 14. ENDANGERED SPECIES...............................................................................................................36 15. HAZARDOUS MATERIALS ..........................................................................................................36 16. PROJECT SIGN................................................................................................................................36 17. OPERATION AND MAINTENANCE MANUALS AND TRAINING..........................................37 18. AS-BUILT DIMENSIONS AND DRAWINGS...............................................................................37 Forms to be submitted with executed contracts ......................................................................................38 BIDDER'S CERTIFICATIONS.............................................................................................................39 VENDOR COMPLIANCE WITH RECIPROCITY ON NON-.............................................................40 RESIDENTBIDDERS............................................................................................................................40 THIS FORM MUST BE RETURNED WITH THE BID .......................................................................40 CONTRACTOR'S ACT OF ASSURANCE...........................................................................................41 CONTRACTOR'S RESOLUTION ON AUTHORIZED REPRESENTATIVE....................................42 CWSRF Forms-TWDB-0101 -2/28/2013 Pace 127 Applicability These Supplemental Conditions contain provisions that are worded to comply with certain statutes and regulations which specifically relate to the Clean Water State Revolving Fund (CWSRF) Tier II (projects receiving state funds only). Provisions that are applicable to the project's funding source or dollar value of the contract are so noted within with the provision. Construction projects that have Colonia Wastewater Treatment Assistance Program (CWTAP) funding do not use these conditions but instead use the EPA Supplemental Conditions and TWDB Special Conditions TWDB-0553 (formerly ED-004C). Construction projects which are financed by CWSRF Tier III (projects receiving federal funds) and Drinking Water State Revolving Fund do not use these conditions but instead use TWDB Supplemental Conditions TWDB-0550 (formerly ED-004E). Projects with State Loan funding use Supplemental Conditions TWDB-0552 (formerly ED-004G). Application of Conditions The conditions and forms listed under Instructions to Bidders are to be included in the instructions to bidders for construction services. The provisions listed under Construction Contract &pplenental Conditions should be included with the other general and special conditions that are typically included in the construction contract documents by the design engineer. 1 r Modifications to Provisions The Applicant may need to modify parts of these provisions to better fit the other provisions of the construction contract. The Applicant and the consulting engineer should carefully study these provisions before incorporating them into the construction contract documents. In particular, Water Districts and other types of districts should be aware of statutes relating to their creation and operation that may affect the application of these conditions. The Owner (Sub-Recipient) is to determine and incorporate the affinnative action goals for the project into supplemental condition No. 11. Condition number No. 12 (Archeological Discoveries and Cultural Resources) and No. 13 (Endangered Species) may be superseded or modified by project specific conditions established during the application process. These documents may confer certain duties and responsibilities on the consulting engineer that are beyond, or short of, what the Applicant intends to delegate. The Applicant should ensure that the contractual agreement Nvith the engineer provides for the appropriate services. Otherwise the Applicant should revise the wording in these special conditions to agree with actually delegated functions. Good Business Practices There are other contract provisions that the Owner and Designer need to include as a matter of good business practices. It is recommended that provisions addressing the following matters be CWSRF Forms-TWDB-0101 -2/28/2013 Paae 128 included in the construction contract. Contract Provisions that satisfy these are available from TWDB upon request. ® Specifying the time frame for accomplishing the Construction of the project, and the consequences of not completing on time, including liquidation damages. ® Specifying the type and dollar value of and documentation of insurance the contractor is to carry. As a minimum the contractor should carry liability and builder's risk insurance ® Identifying the responsibility of the contractor-Responsibility and warranty of work. ® Price reduction for defective pricing of negotiated costs. ® Differing site conditions - notice and claims regarding site conditions differing from indicated conditions. ® Covenants against contingent fees -Prohibit contingent fees for securing business. ® Gratuities -Prohibitions against offering and accepting gratuities ® Audit and access records Suspension of work - Conditions under which owner may suspend work. Termination - Conditions under which owner may terminate ® Remedies - How disputes will be remedied. Cher Requirements There may be other local government requirements and applicable Federal and State statutes and regulations that are not accommodated by these conditions. It is the Loan/Grant Recipient's responsibility to ensure that the project and all contract provisions are consistent with the relevant statutes and regulations. Advertisements f®r Bids The official advertisement for bids that is published in newspapers should include certain information including: • A clear description of what is being procured. • Hour to obtain P&S, and necessary forms and information. • The date and time by which bids are to be received. (deadline) • The address where bids are to be provided. • Acknowledgement of any special requirements such as mandatory pre-bid conference and Affirmative Action requirements. • Right to reject any and all bids. • All laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Clean Water State Revolving Fund or Drinking Water State Revolving Fund shall by paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. Wages to be paid on this project will be governed by the Department of Labor Wage General Decision or Decisions included in the bid documents for this project. • Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has issued regulations at 29 CFR parts 1, 3 and 5 to implement Davis- CWSRF Forms-TWDB-0101 -2/28/2013 Paae 129 Bacon and Related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section. All grants, cooperative agreements and loans funded under the Clean Water State Revolving Fund and Drinking Water State Revolving Fund programs shall include the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a), which shall also be incorporated in any resultant covered contracts that are in excess of$2,000 for construction, alteration or repair (including painting and decorating). Bid Proposal The Bid proposal form should account for the following: ® If lump sum bid, account for Property Consumed in Contracts to Improve Real Property; Tax Code 151.056. ® Distinguish Eligible and Ineligible items. 0 Accommodate Trench Safety requirements tivith separate per unit pay item for trench excavation safety protection Health and Safety Code Chapter 756. 6 Accommodate Non-Resident Bidder Reciprocity requirements in Government Code 2252.002, by utilizing WRD-259. ® Include space for Contractor to acknowledge receipt of each Addendum issued during the bidding process. Bidding Process The Plans and Specifications should include an explanation of how the bids will be processed. The explanation should include the following components: ® Whether a Pre-bid Conference, will be held, whether it is optional or mandatory, and where and when it will be held. ® Specify the criteria and process for determining responsiveness and responsibleness of the bidder. ffi Specify the method of determining the successful bidder and award, and accounting for non- resident bidder reciprocity requirements Gov. Code 2252.002 (IE. Award to the lowest i responsive responsible bidder, accounting for any multiple parts to bids.) Allow for withdrawal of a bid due to a material mistake. ® Identify the time frame that the bids may be held by the Owner before awarding a contract. (IE. Typically for 60 or 90 days.) Acknowledge right of the Owner to reject any and all bids. All proposed modifications to these conditions should be brought to the attention of and discussed with the appropriate TWDB area engineer. The TWDB engineer can also answer any questions regarding these conditions. The questions and proposed modifications can be sent to the following address: Texas Water Development Board Construction Assistance P. O. Box 13231 Austin, Texas 78711-3231 (512) 463-7853 FAX (512) 475-2086 E CWSRF Forms-TWDB-0101 -2/28/2013 Paae 130 Instructions t® Bidders 1. CONTINGENT AWARD OF CONTRACT This contract is contingent upon release of funds from the Water Development Board. Any contract or contracts awarded under this Invitation for Bids are expected to be funded in part by a loan or grant from the Texas Water Development Board, and a grant from the United States Environmental Protection Agency (U.S. EPA.) Neither the State of Texas, or U.S. EPA nor any of its departments, agencies, or employees are or will be a party to this Invitation for Bids or any resulting contract. 2. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION All qualified applicants will receive consideration for employment without regard to race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Bidders on this work will be required to comply with the Department of Labor regulations 41 CFR Part 60-2 Affirmative Action Programs which include the President's Executive Order No. 11246 as amended by Executive Order 11375. The Bidder's Certifications regarding Equal Employment Opportunity and Non-Segregated Facilities (WRD-255) must be submitted with the bid. 3. BID GUARANTEE Each bidder shall filrnish a bid guarantee equivalent to five percent of the bid price. (Water Code 17.183) If a bid bond is provided, the contractor shall utilize a surety company which is authorized to do business in Texas in accordance with Art. 7.19-1. Bond of Surety Company; Chapter 7 of the Insurance Code. 4. AWARD OF CONTRACT TO NONRESIDENT BIDDER A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. A non-resident bidder is a contractor whose corporate offices or principal place of business is outside of the state of Texas. (Source: Texas Govenument Code Chapter 2252 Subchapter A Nonresident Bidders, (§ 2252.002) The bidder will complete form WRD-259 ,,vhich must be submitted with the bid. Forms to be submitted with Bid: • Bidder's Certifications regarding Equal Employment Opportunity and Non-Segregated Facilities (WRD-255) • Vendor Compliance with Non-Resident Bidder Requirements (WRD-259) CWSRF Forms-TWDB-0101 -2/2812013 Paae 131 Construction Contract ® Snpple ental Conditions 1. SUPERSESSION The Owner and the contractor agree that the TWDB Supplemental Conditions apply to that work eligible for Texas Water Development Board assistance to be performed under this contract and these clauses supersede any conflicting provisions of this contract. 2. PRIVITY OF CONTRACT Funding for this project is expected to be provided in part by the Texas Water Development Board. Neither the State of Texas, nor any of its departments, agencies or employees is, or will be, a party to this contract or any lower tier contract. This contract is subject to applicable provisions 31 TAC Chapters 363 and 375 in effect on the date of the assistance award for this project. 3. DEFINITIONS (a) The term Owner means the local entity contracting for the construction services. (b) The term "TWDB" means the Executive Administrator of the Texas Water Development Board, or other person who may be at the time acting in the capacity or authorized to perform the functions of such Administrator, or the authorized representative thereof. 4. LAWS TO BE OBSERVED In the execution of the Contract, the Contractor must comply with all applicable Local, State and Federal laws, including but not limited to laws concerned with labor, safety, minimum wages, and the environment. The Contractor shall make himself familiar with and at all times shall observe and comply with all Federal, State, and Local laws, ordinances and regulations which in any manner affect the conduct of the work, and shall indemnify and save harmless the Owner, Texas Water Development Board, and their representatives against any claim arising from violation of any such law, ordinance or regulation by himself or by his subcontractor or his employees. 5. REVIEW BY OWNER and TWDB (a) The Owner, authorized representatives and agents of the Owner, and TWDB shall, at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this Contract, provided, however that all instructions and approval with respect to the work will be given to the Contractor only by the Owner through authorized representatives or agents. (b) Any such inspection or review by the TWDB shall not subject the State of Texas to any action for damages. 6. PERFORMANCE AND PAYMENT BONDS Each contractor awarded a construction contract furnish performance and payment bonds: f I CWSRF Forms -TWDB-0101 -2/28/2013 Paae 132 (a) the performance bond shall include without limitation guarantees that work done under the contract will be completed and performed according to approved plans and specifications and in accordance with sound construction principles and practices; and (b) the performance and payment bonds shall be in a penal sum of not less than 100 percent of the contract price and remain in effect for one year beyond the date of approval by the engineer of the political subdivision. (c) The contractor shall utilize a surety company which is authorized to do business in Texas in accordance with Art. 7.19-1. Bond of Surety Company; Chapter 7 of the Insurance Code 7. PROGRESS PAYMENTS AND PAYMENT SCHEDULE (a) The Contractor shall submit for approval immediately after execution of the Agreement, a carefully prepared Progress Schedule, showing the proposed dates of starting and completing each of the various sections of the work,the anticipated monthly payments to become due the Contractor, and the accumulated percent of progress each month. (b) The following paragraph applies only to contracts awarded on a lump sum contract price: COST BREAKDOWN - The Contractor shall submit to the Owner a detailed breakdown of his estimated cost of all work to be accomplished under the contract, so arranged and itemized as to meet the approval of the Owner or funding agencies. This breakdown shall be submitted promptly after execution of the agreement and before any payment is made to the Contractor for the work performed under the Contract. After approval by the Owner the unit prices established in the breakdown shall be used in estimating the amount of partial payments to be made to the Contractor. (c) Progress Payments (1) The Contractor shall prepare his requisition for progress payment as of the last day of the payment month and submit it, with the required number of copies, to the Engineer for his review. Except as provided in Paragraph (3) of this subsection, the amount of the payment due the Contractor shall be determined by adding to the total value of work completed to date, the value of materials properly stored on the site and deducting (1) five percent (5%) minimum of the total amount, as a retainage and (2) the amount of all previous payments. The total value of work completed to date shall be based on the actual or estimated quantities of work completed and on the unit prices contained in the agreement (or cost breakdown approved pursuant to section 6.b relating to lump sum bids) and adjusted by approved change orders. The value of materials properly stored on the site shall be based upon the estimated quantities of such materials and the invoice prices. Copies of all invoices shall be available for inspection by the Engineer. (2) The Contractor shall be responsible for the care and protection of all materials and work upon which payments have been made until final acceptance of such work and materials by the Owner. Such payments shall not constitute a waiver of the right of the Owner to require the fulfillment of all terms of the Contract and the delivery of all improvements embraced in this Contract complete and satisfactory to the Owner in all details. CWSRF Forms-TWDB-0101 -2/28/2013 Paae 133 (3) This clause applies to contracts when the Owner is a Municipal Utility District, or Water Control and Improvement District. The retainage shall be ten percent minimum of the amount otherwise due until at least fifty percent of the work has been completed. After the project is fifty percent completed, the District may reduce the retainage from ten percent to no less than five percent. (4) The five percent (5%)minimum retainage of the progress payments due to the Contractor z may not be reduced until the building of the project is substantially complete and a reduction in the retainage has been authorized by the TWDB. (5) The following clause applies only to contracts where the total price at the time of execution is $400,000 or greater and the retainage is greater than 5% and the Owner is not legally exempted from the condition (i.e. certain types of water districts). The Owner shall deposit the retainage in an interest-bearing account, and the interest earned on such retainage fiinds shall be paid to the Contractor after completion of the contract and final acceptance of the project by the Owner. (d) Withholding Payments. The Owner may withhold from any payment otherwise due the Contractor so much as may be necessary to protect the Owner and if so elects may also withhold any amounts due from the Contractor to any subcontractors or material dealers, for work performed or material furnished by them. The foregoing provisions shall be construed solely for the benefit of the Owner and will not require the Owner to determine or adjust any claims or disputes between the Contractor and his subcontractors or Material dealers, or to withhold any moneys for their protection unless the Owner elects to do so. The failure or refusal of the Owner to withhold any moneys from the Contractor shall in no way impair the obligations of any surety or sureties under any bond or bonds furnished under this Contract. (e) Payments Subject to Submission of Certificates. Each payment to the Contractor by the Owner shall be made subject to submission by the Contractor of all written certifications required of him and his subcontractors by Section 3 hereof(relating to labor standards) and other general and special conditions elsewhere in this contract. (f) Final Payment. (1) Upon satisfactory completion of the work performed under this contract, as a condition before final payment under this contract or as a termination settlement under this contract the contractor shall execute and deliver to the Owner a release of all claims against the Owner- arising under, or by virtue of, this contract, except claims which are specifically exempted by the contractor to be set forth therein. Unless otherwise provided in this f contract, by State law or otherwise expressly agreed to by the parties to this contract, final payment under this contract or settlement upon termination of this contract shall not constitute a waiver of the Owner's claims against the contractor or his sureties under this contract or applicable performance and payment bonds. 73 3 S S CWSRF Forms-TWDB-0101 -2/28/2013 Paae 134 (2) After final inspection and acceptance by the Owner of all work under the Contract, the Contractor shall prepare his requisition for final payment which shall be based upon the carefully measured or computed quantity of each,item of work at the applicable unit prices stipulated in the Agreement or cost breakdown (if lump sum), as adjusted by approved change orders. The total amount of the final payment due the Contractor under this contract shall be the amount computed as described above less all previous payments. (3) The retainage and its interest earnings, if any, shall not be paid to the Contractor until the TWDB has authorized a reduction in, or release of, retainage on the contract work. (4) Withholding of any amount due the Owner, under general and/or special conditions regarding "Liquidated Damages," shall be deducted from the final payment due the Contractor. 8. WORKMAN'S COMPENSATION INSURANCE COVERAGE (a) The contractor shall certify in writing that the contractor provides workers' compensation insurance coverage for each employee of the contractor employed on the public project. (b) Each subcontractor on the public project shall provide such a certificate relating to coverage of the subcontractor's employees to the general contractor, who shall provide the subcontractor's certificate to the governmental entity. (c) A contractor who has a contract that requires workers' compensation insurance coverage may provide the coverage through a group plan or other method satisfactory to the governing body of the governmental entity. (d) The employment of a maintenance employee by an employer who is not engaging in building or construction as the employer's primary business does not constitute engaging in building or construction. (e) In this section: (1) "Building or construction" includes: (A)erecting or preparing to erect a structure, including a building, bridge, roadway, public utility facility, or related appurtenance; (B)remodeling, extending, repairing, or demolishing a structure; or (C)otherwise improving real property or an appurtenance to real property through similar activities. (2) "Governmental entity" means this state or a political subdivision of this state. The term includes a municipality. 9. CHANGES (a) The Owner may at any time, without notice to any surety, by written order, make any change in the work within the general scope of the contract, including but not limited to changes: (1) In the specifications (including drawings and designs); (2) In the time, method or manner of performance of the work; (3) In the Otivner-furnished facilities, equipment, materials, services or site; or (4) Directing acceleration in the performance of the work. (5) The original contract price may not be increased under this section by more than 25 percent. The original contract price may not be decreased under this section by more than 25 percent without the consent of the contractor. (Local Government Code 271.060) CWSRF Forms-TWDB-0101 -2128/2013 Paae 135 (b) A change order shall also be any other written order (including direction, instruction, interpretation or determination) from the Owner which causes any change, provided the contractor gives the Owner written notice stating the date, circumstances and source of the order and that the contractor regards the order as a change order. (c) Except as provided in this clause, no order, statement or conduct of the Owner shall be treated as a change under this clause or entitle the contractor to an equitable adjustment. (d) If any change under this clause causes an increase or decrease in the contractor's cost or the time required to perform any part of the work tinder this contract, whether or not changed by any order, the Owner shall make an equitable adjustment and modify the contract in writing. Except for claims based on defective specifications, no claim for any change under paragraph (a)(2) above shall be allowed for any costs incurred more than 20 days before the contractor gives written notice as required in paragraph (a)(2). In the case of defective specifications for which the Owner is responsible, the equitable adjustment shall include any increased cost the contractor reasonably incurred in attempting to comply with those defective specifications. (e) If the contractor intends to assert a claim for an equitable adjustment under this clause, the contractor must, within 30 days after receipt of a written change order under paragraph (a) (I) or the furnishing of a written notice under paragraph (a) (2), submit a written statement to the Owner setting forth the general nature and monetary extent of such claim The Owner may extend the 30- day period. The contractor may include the statement of claim in the notice under paragraph (2) of this changes clause. (f) No claim by the contractor for an equitable adjustment shall be allowed if made after final payment under this contract. (g) Changes that involve an increase in price will be supported by documentation of the costs components in a format acceptable to the Owner. 10, PREVAILING WAGE RATES Insert Wage Rate Determination(s) A "wage determination" is the listing of wage and fringe benefit for each classification of laborers and mechanics which the Administrator of the Wage and Hour Division of the U.S. DOL has determined to be prevailing in a given area for a particular type of construction. The Davis Bacon Wage Determinations are classified by the nature of the construction projects performed, specifically listed as "schedules": residential, building, highway, and heavy construction. Insert Wage Rate Determinations indicating which construction type is being used. (Vlore than one may be checked). (a) ❑ Construction Type: Heavy determination Includes those projects that are not properly classified as either "building," "highway," or "residential." Unlike these classifications, heavy construction is not a homogenous i classification. Because of this catch-all nature, projects within the heavy classification may sometimes be distinguished on the basis of their particular project characteristics, and separate schedules may be issued for dredging projects, water and sewer line projects, dams, major bridges, and flood control projects. (b) ❑ Construction Type: Highway determination r i i CWSRF Forms-TWDB-0101 -2/28/2013 Paoe 136 Includes construction, alteration or repair of roads, streets, highways, runways, taxiways, alleys, trails, paths, parking areas, and other similar projects not incidental to building or heavy construction. (c) ❑ Construction Type: Building determination Includes construction of sheltered enclosures with walk-in access for the purpose of housing persons, machinery, equipment or supplies; all construction of such structures; the installation of utilities and of equipment, both above and below grade levels; as well as incidental grading, utilities and paving. Such structures need not be "habitable" to be building construction. Also, the installation of heavy machinery and/or equipment does not generally change the project's character as a building. (d) ❑ Construction Type: Residential Includes the construction, alteration or repair of single-family houses, apartment buildings of no more than four stories in height. This includes all incidental items such as site work,parking areas, utilities, streets, and sidewalks. Entities should review their contractor's wage decisions and confirm they provide an adequate classification of the labor required for the specific construction contract. Most CWSRF projects will fall under the "Heavy" construction type, but entities should ask their consulting engineers if unsure. Some contracts or projects may require more than one general schedule to be included depending on the nature and extent of the work (i.e. a building is constructed in a water treatment facility). This is described in more detail in DOL's All Agency Memo No. 1')1. See website http://www.dol.goit/wlid/Trograms/dbra/memorand.htn-1. In such cases, the contracting agency should designate the work to which each wage determination or part thereof applies per FAR 22.404-2 thru 404-3 (Federal Acquisition Regulations). https://Nv ti,,,v.acquisition,gov/far/cuiTent/html/Subpart%2022 4.html#wp1102017. Should overlaps occur in the wage classification schedules for the contract(s), the owner may consider adopting the higher rate classification. In all cases, the entity is responsible to insure an adequate classification is provided to insure compliance with the law. Where contractors alert the owner that the classification is inadequate, the owner should work with the contractor and the DOL to address any valid concerns. See the Contact Information for additional resources. Contact Inforination All questions regarding the Davis-Bacon guidance can be directed to: U.S. Department of Labor Wage and Hour Division I-866-4USWAGE (1-866-487-9243), TTY: 1-877-889-5627, Monday- Friday 8 a.m. to 8 p.m. Eastern Time. If you require further information about Davis-Bacon and how to apply it to your project, please contact the Texas Water Development Board, Mark Hall, P.E., Director, at (512) 463-8489. Additional Resources: CWSRF Forms-TWDB-0101 -2/28/2013 Paae 137 I. For Wage Determinations applicable to construction projects in Texas: http://www.wdol.gov/dba.aspx#3 2. Source for determine the prevailing wage rate for each state and county is on the web page, Selecting Davis-Bacon Wage Decisions,provides criteria for state and county: http://www.wdol.gov/archdba.aspx 3. For more information on prevailing wage and wage determinations visit the Prevailing Wage Resource Book: http://www.dol.gov/whd/recover�/` htm 4. The United States Department of Labor website: htlp://www.dol-gov/compliance/laws/comp-dbra.htm The webpage provides an overview, compliance assistance material,poster information, recordkeeping, DOL contact information and more. 5. Davis-Bacon and Related Acts Frequently Asked questions More in-depth information can be accessed at the Department of Labor (DOL) website: http://w,,vw dol goy/wlid/programs/dbralfags htm 5 i f i CWSRF Forms-TWDB-0101 -2/28/2013 Pane I'Ip Contact Information—DOL'Texas Offices ;Dallas District Office Phone: Curtis L. Poer US Dept. of Labor (817) 861-2150 !District Director Wage &Hour Division 1-866-4-USWAGE The Offices @ Brookhollow (1-866-487-9243) 1 1701 E. Lamar Blvd., Suite 270, Box 22 Arlington, TX 76006-7303 !Houston District Office Phone: 'Robin Mallet iUS Dept. of Labor (713)339-5525 ;District Director !Wage &Hour Division 1-866-4-USWAGE 8701 S.Gessner Drive, Suite 1164 (1-866-487-9243) Houston,TX 77074-2944 McAllen District Office 'Phone: 'Eden Ramirez 'US Dept. of Labor (956)682-4631 ;District Director ! Wage&Hour Division 1-866-4-USWAGE 320 N. Main Street,Room 238 (1-866-487-9243) ,McAllen, TX 78501 Corpus Christi Area Office Phone: Vacant US Dept, of Labor :(361) 888-3152 Asst. District Director -Wage & Hour Division !1-866-4-USWAGE 'Wilson Plaza j(1-866-487-9243) 606 W. Carancahua, Suite 705 'Corpus Christi, Texas 78476 ° San Antonio District Office !Phone: Juan Coria z US Dept. of Labor ;`(210)308-4515 District Director Wage& Hour Division j 1-866-4-USWAGE Northchase 1 Office Building j(1-866-487-9243) 10127 Morocco, Suite 140 I San Antonio,TX 78216 West Texas Panhandle and Northwest Quadrant: See Albuquerque, NM Albuquerque District Office ,Phone: ;:Patricia Davidson Mailing Address: j(505)248-6100 District Director US Dept. of Labor 1-866-4-USWAGE Wage and Hour Division '(1-866-487-92433) P.O. Box 907 Albuquerque,NM 87103-0907 Physical Address: 500 Gold, SW- Suite 12000 Albuquerque,NM 87102 CWSRF Forms-TWDB-0101 -2/28/2013 Paoe 139 11. Davis-Bacon Requirements A. The following terms and conditions specify how sub-recipients that are governmental entities will assist the TWDB, as the State recipient, in meeting its Davis-Bacon responsibilities to EPA. If a sub-recipient has questions regarding when Davis-Bacon applies, obtaining the correct Davis-Bacon wager determinations, Davis-Bacon provisions, or compliance monitoring, it may contact the TWDB. The sub-recipient may also obtain additional guidance from the Department of Labor's website at http://wz-w.dol.gov/esa/whd/recovery/. 1. Applicability of the Davis-Bacon prevailing wage requirements Davis-Bacon prevailing wage requirements apply to the construction, alteration, and repair activity of infrastructure, including all construction, alteration and repair activity involving wastewater or drinking water treatment plants is subject to Davis-Bacon. If a sub-recipient encounters a unique situation at a site that presents uncertainties regarding Davis-Bacon applicability, the sub-recipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations (a) Sub-recipients shall obtain the wage determination for the locality in which a covered activity subject to Davis-Bacon will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to Davis-Bacon. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the sub-recipient shall monitor wV w.wdol.gov on a on a weekly basis to ensure that the wage detennination contained in the solicitation remains current. The sub-recipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the sub-recipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the sub-recipient. (ii) If the sub-recipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the sub-recipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The sub-recipient shall monitor wtivw.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. 3 1 CWSP.F Forms-TWDB-0101 -2/28/2013 Paae 140 (b) If the sub-recipient carries out activity subject to Davis-Bacon by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the sub-recipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (c) Sub-recipients shall review all subcontracts subject to Davis-Bacon entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a sub-recipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the sub-recipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the sub-recipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The sub-recipient's contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 3. Contract and Subcontract provisions. PLEASE NOTE: This language must be included in all Davis-Bacon covered construction contracts and subcontracts. (29 CFR Part 5.5). (a) The TWDB, as the State recipient, shall insure that the sub-recipients) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in S 5.1, the following clauses: (1) Minimum wages (1) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the frill amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. CWSRF Forms-TWDB-0101 -2/28/2013 Paoe 141 Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, fiends, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in §5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis Bacon poster (WIH1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Sub-recipients may obtain wage determinations from the U.S. Department of Labor's website, www.wdol.gov. (ii)(A) The sub-recipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The EPA award official shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the sub-recipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the sub-z•ecipient (s) to the State award official. The State award official will transmit the report, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the (t C CWSRF Forms-TWDB-0101 -2/28/2013 Paoe 142 State award official or will notify the State award official within the 30day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the and the sub-recipients) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the questions, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The Administrator,. or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(13) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found,upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The sub-recipient(s), shall upon written request of the TPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to Davis Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. CWSP.F Forms-TWDB-0101 -2/28/2013 Facie 143 (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis Bacon Act),daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the sub-recipient, that is, the entity that receives the subgrant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the sub-recipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH347 is available for this purpose from the Wage and Hour Division Web site at http://,,ww.dol..i�ov/esa/whd/forms/`vh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the sub- recipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sub-recipient(s). CWSRF Forms-TWDB-0101 -2/28/2013 Paoe 144 (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph(a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees, (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 clays of probationary employment CWSRF Forms-TWDB-0101 -2/2812013 Paae 145 as an apprentice in such an apprenticeship program, w:ho is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted s under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) i specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetennined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the 'plan approved by the Employment and Training i Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the gage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less I than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage CWSRF Forms-TWDB-0101 -2/28/2013 Paoe 146 rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor- as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Sub-recipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (1) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis- Bacon Act or 29 CFR 5.12(a)(1). (1i)No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CWSRF Forms-TVVDB-0101 -2/28/2013 Paae 147 CFR 5.12(a)(1)(iii). The penalty for malting false statements is prescribed in the U.S. Criminal Code, 18U.S.C. 1001. 4. Contract Provision for Contracts in Excess of$100,000 (a) Contract Work Hours and Safety Standards Act. The sub-recipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in frill in any contract in an amount in excess of$100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the } contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of$10 for each calendar clay on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The sub-recipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. i (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes CWSRF Forms-TWDB-0101 -2/28/2013 Pace 148 cited in 29 CFR 5.1, the Sub-recipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Sub- recipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification. (a) The sub-recipient shall periodically interview a sufficient number of employees entitled to Davis-Bacon prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(3), all interviews must be conducted in confidence. The sub-recipient must use Standard Form 1445 or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The sub-recipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with Davis-Bacon posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the sub- recipient must conduct interviews with a representative group of covered employees within two weeks of each contractor or subcontractor's submission of its initial weekly payroll data and two weeks prior to the estimated completion date for the contract or subcontract. Sub-recipients must conduct more frequent interviews if the initial interviews or other information indicates that there is a risk that the contractor or subcontractor is not complying with Davis Bacon. Sub-recipients shall immediately conduct necessary interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence. (e) The sub-recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The sub-recipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with Davis-Bacon posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, the sub-recipient must spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Sub-recipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor- or subcontractor is not complying with Davis-Bacon . In addition, during the examinations the sub-recipient shall verify evidence of fringe benefit plans CWSRF Forms-TWDB-0101 -2/28/2013 Paae 149 i i and payments thereunder by contractors and subcontractors who claim credit for fi°inge benefit contributions. (d) The sub-recipient shall periodically review contractors and sub-contractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Sub-recipients must immediately report potential violations of the Davis-Bacon prevailing wage requirements to the EPA Davis-Bacon contact listed above and to the appropriate DOL Wage and Hour District Office listed at htlp://www.dol.gov/esa/coiatacts/whd/america2.htm. The following form, Monthly Davis Bacon Act Certificate of Compliance Submittal by Owner (Sub-Recipient) (DB-0154), must be completed by the project owner/sub-recipient and submitted with monthly with the outlay. Information on outlay reporting may be accessed at: http:/hvwNv.twdb.state.tx.us/assistance/financial/outlay/ CWSP.F Forms-TWDB-0101 -2/28/2013 Paoe 150 1 MONTHLY I CT CERTIFICATE of tOMPLI C Submittal y Recipient TWDB Project No. Loan/Grant This executed certificate must be submitted with each Outlay report for labor included within construction contracts. This Certificate applies only for LOANS CLOSED AFTER 10/30/2009. I I, of (Name) (Title) hereby certify that interviews, periodic reviews of a (Name of entity) representative sample of the weekly payroll data, and contractor weekly payroll certifications such as OMB No. 1215-0149, have been performed to verify that contractors and subcontractors are paying the appropriate wage rate for compliance with the DAVIS BACON ACT, 40 U.S.C. §§3141 et seq. as amended and in conformance with the U.S. Department of Labor regulations at 29 CFR Part 5, (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction) and 29 CFR Part 3 (Contractors and Subcontractors on Public Work Financed in Whole or in Part by Loans or Grants from the United States). I understand that a false statement herein may subject me to penalties under federal and state laws relating to filing false statements and other relevant statutes. Signature Date CWSRF Forms-TWDB-0101 -2/28/2013 Paoe 151 i i Additional Forms for Davis-Bacon i The following forams are suggestions only and may be used as tools which may aid in complying with the Davis Bacon requirements. x CWSRF Forms-TWDB-0101 -2/28/2013 Paae 152 O bA cd cd O cd d cd } ti z I O O O cd cc " ei dd o U �" O w � u U , O p0 N O 1-U. c3 N +' +j to F 1pp- o N N 0 .� z W o l i O � d m 7� N v1 7�i LU } O_ F cd �^._❑ cd cd U ..O d ti co = U +, w cd ' �v a v� ui 3 k cd cad s1 O U Q cd N O C? w O o vi Hv ❑ p (� p > t tN j Q. ��/ O 'L7 m a w a~ � w d O ? U ti co LL. Z w O U cd 4- cd O K F o Cd Cl) Z a LL z 5 Cd U O f- .� cll N O +-, N z > LL 0 7� 0 O u O cd O - O t z u c-diow f f- J • z o U - j d LL Tj U cd En o{r^q1/t1 --c,- 0 •-`'I--' P,W p LL O N 4U �✓ ° 3 W G N U ° ✓ �• Rt n ^ ¢ Sxw El z Foy, o 0 o M•� m� � � c r O o C �D V] O o .^ Q G Q ul ti O o N`�° E o •c N rJ ® o rn 2 N O �mm✓ N co Cam-- O.� O O c 'O O �•= F N y .O � � W f2 O . 0 N J O o N /-� _ O �1 ti U N > o o n a c H c o N o 3 v o c o �yy N o A U O U : 'O O •� 73 0 p_y r L e3 (n lL o ? N n > ° I 1 L U �O o >=' o O T C s a c ti] QO on CL u C N cJ C ,p y., t.. � � O •9 N _-•� f�'M J On r� Cd o o N N Z o Tai o v: ,n c0 N O W ` '� •O V -2-0 N N = r bn L; ,�• f'% _ 77� G (n ou F o L v <c c - n✓C,; E- C o �, c N r o O ctl I c m o L = r G c n _ o ° '� 2 i p0£ Payroll forA :47 hRm!A7mmAev mwRGr s eu&rform.at)?nr N mbr=a :- - \ : \\ §» .§-- �$ Oi IN /� 7 -- / - ± / % ` ` : 7 )j / {) 7 - / § {\ - ; _- 2 c68RF Forms-#v Rm G -22rB2Z@a Paae 155 _ t3 1 � \ � , \\. ) lu E j \ ) O } ) { § } y/) \ 2. \ ) } \\\{ \}\ \\\ »%» _\/} \ - - -{ �$} \ - & .ems ! ) j}' }§ _ \{7§ \ - / - . 05 f ` {ƒfy { � $ }f& _ a m 76- / (\ \ / - \s. \_ _ e \ S 15 -2 [ /® �\\ E c&SRF Gns-TVVDRm m -22Za2i 013 p—ap DOL Labor Standards Interview LABOR STANDARDS INTERVIEW CONTRACT NUMBER RCZ LOV F I N FOP.M AT I Q N LAST fiv M E FIRST NAME M—I NAFai-=G-T.1 MleCONTRAC-TOR STREET ADD-Mr.' NAME-:OF UAZLM-i=R ;'TATS 21P CODE SUPE-AVISOR-S?WAr. i LAST NAM=- f-lR3T NAM,; Mf WORK CLASSIFICATION VW'�Gc-RATE ACTIOM CHECK BELOW YES NO D-e you woTk Gver 8 houra per day? Doyr,u work over 40 hours per week? A,e you paid at least time and a half ff)r overtime hours-7 A-e ,,ou rscEbfing any cssh payments for fringe benefits requiredl by the posted%vage detsrrninaticn dedslon? ?,HA-0WUCTiyN]l OTHER TAA N TAX M0 SOCIAL S C U-RiTT ARE MAD=FFVDM YOUR;�AY- HUN MANY P-G L,R3 D`0 YW INOR X ON YOU LA`-zT'0,101C K DA 0-=F-0 E -OOLS YOU W-!-= THIS IN 11 F=RV-4F%lii DATE C.--LAST PORK P 1Y E JT-c:RVG WMIMEDi DATE YOU 2E-G AN,�,ICX;K ON 7PI13 PPOJ-�CT THE A20V�-=15-00;!fRFCT TO TH---_T!.::ST OF KNO1,1jU-M E-MPLOYTS'S NG�N-MJ':E DATE o,vit-ti'vD) PR1,117-0 N DA'T1 eyvvwfi; SIGNIATUR.1 �YP=,Cl; A t-.1 INTERVIE'AlER'S COMMENTS V2A c!NG V.,P&N IEVTV-D 11 � . n � -MPL!jYr-PROPE= C.ASS-1:T AND PALL? A -z-,';AGE RA-ES INN POSTF:.-S D:SP A.V=-C-1 FOR USE BY PAYPOLL CHECKER LL DATA? NO II 'HE -IR'T NAM=_ V.I J09 TIT Lz 3 A T U R DATE P1,R-OC4'- STANDA.RD FORM, 1445+rZE T 12 i:p,!31 Pr;v,-:1u::-Jhic-,rj�.L, P-o�,6ED:)bv G�SA FA;� -, .Is L CWSRF Forms-TWDB-0101 -2/28/2013 Paoe 157 Davis Bacon Poster, WH-1321 http://www.dol.gov/whd/regs/coMpliance/posters/davis.hti-n EMPLOYEE RIGHTSF] UNDER THE D"IS-BACON ACT FOR LABORERS AND MECHANICS EMPLOYED ON FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION PROJECTS THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION PREVAILING You must be paid not less than the wage rate listed in the Davis-Bacon WAGES Wage Decision posted with this Notice for the work You perform. OVERTIME You must be paid not less than one and one-half times your basic rate of pay for all hours worked over 40 in a work week.There are few exceptions. ENFORCEMENT Contract payments can be withheld to ensure workers receive wages and overtime pay due,and liquidated damages may apply if overtime pay requirements are not met.Davis-Bacon contract clauses allow contract termination and debarment of contractors from future federal contracts for up to three years.A contractor who falsifies certified payroll records or induces wage kickbacks may be subject to civil or criminal prosecution,fines and/or imprisonment. APPRENTICES Apprentice rates apply only to apprentices properly registered under approved Federal or State apprenticeship programs. PROPER PAY If you do not receive proper pay,or require further information on the applicable wages,contact the Contracting Officer listed below: or contact the U.S.Department of Labor's Wage and Hour Division. For additional information: 'E -866-4-p1mal"WAG' u1b (1-866-487-92433) TTY:.' 1-877-889-5627 WM.WA_GEH0UR.D0LX"'0V U.S.Department of Labor I Employment Standards Adminisifation I Wage and Hour Division vy.H 321 MO2) CVVSRF Forms-TVVDB-01 01 -2/28/2013 Paae 158 12. EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION This provision only applies to Clean Water State Revolving Fund Program projects and Drinking Water Financial Assistance Program projects which receive funds made directly available by Federal funding and the contract agreement is for more than$10,000. During the performance of this contract, the Contractor agrees as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, age, handicap, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The Contractor will; in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, age, handicap, or national origin. (c) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, the Age Discrimination in Employment Act of 1967,29 U.S.C.A. 621 (1985), Executive Order 12250 of November 2, 1980, the Rehabilitation Act of 1973, 29 U.S.C.A. 701 et seq. (1985), and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as CWSRF Forms-TWDB-0101 -2/28/2013 Pace 159 provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) The Contractor will include the portion of the sentence immediately preceding paragraph (a) and the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: PROVIDED, HOWEVER, That in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such 'litigation to protect the interest of the United States. (h) The Contractor will comply with Executive Order 11246 based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the u Standard Federal Equal Employment Opportnity Construction Contract Specifications, as set forth in 41 CFR Part 60-4 and its efforts to meet the goals established for the geographical area where the Contract is to be performed. The hours of minority and female employment and training must be substantially uniform throughout the length of the Contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the Contract, the Executive Order, and the regulations in 41 CFR Part 60-4. The goals are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Goals are published periodically in the Federal Register in notice form, and such notices may be obtained from any office of federal contract compliance programs office or from federal procurement contracting officers (512) 229-5835. The Contractor is expected to make substantially uniform progress toward its goal in each craft during the period specified. Whenever the Contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals set for minority and female participation and which is set forth in the solicitations from which this contract resulted. 12. DEBARMENT AND SUSPENSION This provision applies only to Clean Water State Revolving Fund Program projects and Drinking Water Financial Assistance Program projects which receive funds made directly available by Federal fielding. This contract is subject to the Title 40 Code of Federal Regulations Part 32 concerning Debarment and Suspension. The contractor will comply with the assurances provided with the bid that led to this contract. CWSP.F Forms-TWDB-0101 -2/28/2013 Paae 160 13. ARCHEOLOGICAL DISCOVERIES AND CULTURAL RESOURCES No activity which may affect properties listed or properties eligible for listing in the National Register of Historic Places, or eligible for designation as a State Archeological Landmark is authorized until the Owner has complied with the provisions of the National Historic Preservation Act and the Antiquities Code of Texas. The Owner has previously coordinated with the appropriate agencies and impacts to known cultural or archeological deposits have been avoided or mitigated. However, the Contractor may encounter unanticipated cultural or archeological deposits during construction. If archeological sites or historic structures which may qualify for designation as a State Archeological Landmark according to the criteria in 13 TAC 41.6-41.10, or that may be eligible for listing on the National Register of Historic Places in accordance with 36 CFR Part 800, are discovered after construction operations are begun, the Contractor shall immediately cease operations in that particular area and notify the Owner, the TWDB, and the Texas Antiquities Committee, P.O. Box 12276, Capitol Station, Austin, Texas 78711- 2276. The Contractor shall take reasonable steps to protect and preserve the discoveries until they have been inspected by the Owner's representative and the TWDB. The Owner will promptly coordinate with the State Historic Preservation Officer and any other appropriate agencies to obtain any necessary approvals or permits to enable the work to continue. The Contractor shall not resume work in the area of the discovery until authorized to do so by the Owner. 14. ENDANGERED SPECIES No activity is authorized that is likely to jeopardize the continued existence of a threatened or endangered species as listed or proposed for listing tinder the Federal Endangered Species Act(ESA), and/or the State of Texas Parks and Wildlife Code on Endangered Species, or to destroy or adversely modify the habitat of such species. If a threatened or endangered species is encountered during construction, the Contractor shall immediately cease work in the area of the encounter and notify the Owner, who will immediately implement actions in accordance with the ESA and applicable State statutes. These actions shall include reporting the encounter to the TWDB, the U. S. Fish and Wildlife Service, and the Texas Parks and Wildlife Department, obtaining any necessary approvals or permits to enable the work to continue, or implement other mitigation actions. The Contractor shall not resume construction in the area of the encounter until authorized to do so by the Owner. 15. HAZARDOUS MATERIALS Nlaterials utilized in the project shall be free of any hazardous materials, except as may be specifically provided for in the specifications. If the Contractor encounters existing material on sites owned or controlled by the Owner or in material sources that are suspected by visual observation or smell to contain hazardous materials, the Contractor shall immediately notify the Engineer and the Owner. The Owner will be responsible for the testing for and removal or disposition of hazardous materials on sites owned or controlled by the Owner. The Owner may suspend the work, wholly or in part during the testing, removal or disposition of hazardous materials on sites owned or controlled by the Owner. 16. PROJECT SIGN A project IDENTIFICATION SIGN will be provided to the contractor. The contractor shall erect the sign in a prominent location at the construction project site or along a major thoroughfare within the community as directed by the Owner. CWSRF Forms-TWDB-0101 -2/28/2013 Paae 161 17, OPERATION AND MAINTENANCE MANUALS AND TRAINING (a)The Contractor shall obtain installation, operation,and maintenance manuals from manufacturers and suppliers for equipment furnished under the contract. The Contractor shall submit three copies of each complete manual to the Engineer within 90 days after approval of shop drawings,product data, and samples, and not aaer than the date of shipment of each item of equipment to the project site or storage location. (b) The Owner shall require the Engineer to promptly review each manual submitted, noting necessary corrections and revisions. If the Engineer rejects the manual, the Contractor shall correct and resubmit the manual until it is acceptable to Engineer as being in conformance with design concept of project and for compliance with information given in the Contract Documents. Owner may assess Contractor a charge for reviews of same items in excess of three (3) times. Such procedure shall not be considered cause for delay. Acceptance of manuals by Engineer does not relieve Contractor of any requirements of terms of Contract. (c) The Contractor shall provide the services of trained, qualified technicians to check final equipment installation, to assist as required in placing same in operation, and to instruct operating personnel in the proper manner of performing routine operation and maintenance of the equipment. (d) Operations and maintenance manuals specified hereinafter are in addition to any operation, maintenance, or installation instructions required by the Contractor to install, test, and start-up the equipment. (e) Each manual to be bound in a folder and labeled to identify the contents and project to which it applies. The manual shall contain the following applicable items: (1) A listing of the manufacturer's identification, including order number, model, serial number, and location of parts and service centers. (2) A list of recommended stock of parts, including part number and quantity. (3) Complete replacement parts list. (4)Performance data and rating tables. (5) Specific instructions for installation, operation, adjustment, and maintenance. (6) Exploded view drawings for major equipment items. (7)Lubrication requirements. (8) Complete equipment wiring diagrams and control schematics with terminal identification. 18. AS-BUILT DIMENSIONS AND DRAWINGS (a) Contractor shall make appropriate daily measurements of facilities constructed and keep accurate records of location (horizontal and vertical) of all facilities. CVVSRF Forms-TWDB-0101 -2/28/2013 Pan If,') (b) Upon completion of each facility, the Contractor shall furnish Owner with one set of direct prints, marked with red pencil, to show as-built dimensions and locations of all work constructed. As a minimum,the final drawings shall include the following: (1)Horizontal and vertical locations of work. (2) Changes in equipment and dimensions due to substitutions. (3) "Nameplate" data on all installed equipment. (4)Deletions, additions, and changes to scope of work. (5) Any other changes made. Forms to be submitted with executed contracts 1. Contractor's act of Assurance (ED-103) 2. Contractor's Resolution on Authorized Representative(ED-104) 3. Bidder's Certification(WRD-255) 4. Vendor Compliance with Reciprocity on Non-Resident Bidders (TWDB-0459) These forms are available on the TWDB website,hitp://www.twdb.state.tx.us/financial/instructions/ CWSRF Forms-TWDB-0101 -2/28/2013 Paae 163 I1 ' BIDDER'S CERTIFICATIONS Project Name: I Project Number: Contract For: The following certifications must be completed by the bidder for each contract. A. EQUAL EMPLOYMENT OPPORTUNITY: ( )I have developed and have on file at my each establishment affirmative action programs Ipursuant to 41 CPR Part 60-2. ( )I have participated in previous contract(s) or subcontract(s) subject to the equal opportunity clause under Executive Orders 11246 and 11375. I have filed all reports due under the requirements contained in 41 CPR 60-1.7. O I have not participated in previous contracts(s) subject to the equal opportunity clause k under Executive Orders 11246 and 11375. O I will obtain a similar certification from any proposed subcontractor(s),when appropriate. � i B. NONSEGREGATED FACILITIES O I certify that I do not and will not maintain any facilities provided for my employees in a i segregated manner, or permit my employees to perform their services at any location under my control where segregated facilities are maintained; and that I will obtain a similar x` certification prior to the award of any federally assisted subcontract exceeding$10,000 which rom the equal opportunity clause as required by 41 CFR 60-1.s. is not exempt f I understand that a false statement on this certification may be grounds for rejection of this bid proposal or termination of the contract award. i Typed Name & Title of Bidder's Authorized Representative Signature of Bidder's Authorized Representative Date I a Name &Address of Bidder i CWSRF Forms-TWDB-0101 -2/28/2013 Paoe 164 VENDOR COMPLIANCE WITH RECIPROCITY ON NON- RESIDENT+NT BIDDERS I Government Code 2252.002 provides that, in order to be awarded a contract as low bidder, a non- resident bidder must 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 I bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. A non-resident bidder is a contractor whose corporate offices or principal place of business is outside of the state of I Texas. This requirement does not apply to a contract,involving Federal funds. The appropriate blanks in Section A must be filled out by all out-of-state or non-resident bidders in order for your bid to meet specifications. The failure of out-of-state or non-resident contractors to do so will E automatically disqualify that bidder. Resident bidders must check the blank in Section B. A. Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. A copy of the statute is attached. Non-resident vendors in (give state), our principal place of I business, are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas: BIDDER: Company City State Zip I By: (please print) Signature Title: (please print) I THIS FORM MUST BE RETURNED WITH THE BID I 1 CWSRF Forms-TWDB-0101 -2/28/2013 Paoe 165 / CONTRACTOR'S ACT OF ASSURANCE STATE OF TEXAS COUNTY OF BEFORE ME, a Notary Public duly commissioned and qualified in and for the County of in the State of Texas came and appeared as represented by the corporations who declares he/she is authorized to represent pursuant to provisions of a resolution adopted by said corporation on the day of 20 (a duly certified copy of such resolution is attached to and is hereby made a part of this as the representative of declares that assures the Texas Water Development Board that it will construct project at in accordance with sound construction practice, all laws of the State of Texas, and the rules of the Texas Water Development Board. GIVEN UNDER MY HAND and seal of office this day of Signature Printed Naine My Commission expires 1 CONTRACTOR'S RESOLUTION ON AUTHORIZED REPRESENTATIVE Name or Names I hereby certify that it was RESOLVED by a quorum of the directors of the meeting Name of Corporation on the day of , 20_, that and be, and hereby is, authorized to act on behalf of , as its Name of Corporation representative, in all business transactions conducted in the State of Texas, and; That all above resolution was-unanimously ratified by the Board of Directors at said I meeting and that the resolution has not been rescinded or amended and is now in full forces and effect; and; In authentication of the adoption of this resolution, I subscribe my name and affix the seal of the corporation this day of 20_. I Secretary I (seal) II I CWSRF Forms-TWDB-0101 -2/28/2013 Paoe 167 GR-01 60 00 Product Requirements t CITY OF FORT WORTH CONTRACT 2011 WSM-F STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.01930 Revised July 1,2011 APPENDIX ® Pavement Core Report GLOBE Engineers, Inc. Geotechnical, Environmental, Materials Testing CONCRETE CORE COMPRESSION TEST REPORT Project: Street Coring Project ,131601 vavinq 2011 WSM-F, CPN:1 930, DOE 6869 Report No.: 143038- Clayton Road Frorn Floyd Drive to Roivan Drive Page No.: 1 of I Date of Report: 9/22/2014 Client: City of Fort Worth Date of Inspection: 9122/2014 5000 MLK FWY Inspector: Robert Sauseda Fort Worth, Texas 76119 Technician Globe PROJECT DATA Placement Date: NA Date Cored: 9/22/14 Age at Test: >28 days Date Tested: Design Strength: NA Drilled by: Globe Weather Condition: Sunny CI-4001 Clyton Road(SB) Depth Type LL PL PI 3.0" HMAC off, Concrete 13.0" Tannish Brown SAND with Gravel (SM) 20.5 NA <5 2-C 4009 Clayton Rd (NIB) Depth Type LL PL PI 3.0" HMAC 0.01, Concrete 13.0" Light Brown SANDY CLAY(CL) 32.5 18.2 14.3 C3-Clyton Road/Rowan Drive Depth Type LL PL P1 0.01, HMAC 7 3/4" Concrete 8 1/4" Light Brown SILTY CLAY(CL) 46.0 19.0 27.0 Concrete Coring Strength CORE SAMPLE CAPPED CORRECTED DIAMETER AREA LENGTH- LENGTH- MAXIMUM COMPRESSIVE CORRECTION COMPRESSIVE CORE ID (in) (in 2) Avg(in) Avg-(in) LOAD(lbs) STRENGTH PSI FACTOR STRENGTH PSI C3 3.80 11.34 0 0 Concrete cores are in accordance with the following ASTM standards: C42 Coring Method C31 Curing Method C39 Testing Method C617 Capping Method DISTRIBUTION: Globe Engineers, Inc. 1- GEI file#143038 BY: 9" 5"eme 1- Robert Sauseda FAY SAREMI, PE LIMITATIONS: The test results presented herein are based upon specific sampling and site conditions. We assume no responsibility for variation in quantity,composition,appearance, performance or other similar subject matter provided by Persons or conditions over which we have no control.Globe Engineers,Inc.letters and reports are for the exclusive use of the clients to whom they are addressed. 17819 Davenport Rd.,Suite 240,Dallas,TX 75252/Office:(972)713-3030 Fax:(972)713-3029 7524 Sand Street,Fort Worth,TX 76118/office:(817)284-51511 Fax:(817)284-5154 GLOBE Engineers, Inc. Geotechnical, Environmental, Materials Testing CONCRETE CORE COMPRESSION TEST REPORT Project: Street Coring Project i 1=z+ 6 8b,91 11 Ta VI;g 2011 WSM-F, CPN:1930, DOE 6869 Report No.: 143038- Woodstocf Road from Rowan Drive to Page No.: 1 of 1 Clayton Road W. Date of Report: 9/22/2014 Client: -City of Fort Worth Date of Inspection: 912212014 5000 MLK FWY Inspector: Robert Sauseda Fort Worth,Texas 76119 Technician Globe PROJECT DATA Placement Date: NA Date Cored: 9/22/14 Age at Test: >28 days Date Tested: Design Strength: NA Drilled by: Globe Weather Condition: Sunny Cl-6825 Woodstock R (SB) Depth Type ILL PL PI 2,0" HMAC 6.01, Concrete 4.0" Light Brown SANDY CLAY(CL) 35.0 18.0 17.0 4.0" Dark Brown CLAY(CH) 59.5 22.0 37.5 C2-6845 Woodstock R (SB) Depth Type LL PL Pi 2 3/4" HMAC 0.01, Concrete 13.1/4" Dark Brown CLAYEY SAND (SC) 29.4 19.6 9.8 C3-6857 Woodstock Rd(SB) Depth Type ILL PL PI 2.0" HMAC 0.01, Concrete 7.0" Dark Brown SANDY CLAY(CL) 37.1 18.3 18.8 7.0" Rock Concrete Coring Strength AREA LENGTH- LENGTH- MAXIMUM COMPRESSIVE CORRECTION COMPRESSIVE IVE CORE ID (in) (in) Avg(in) Avg-(in) LOAD(Ibs) STRENGTH PSI FACTOR STRENGTH PSI C1 3.80 11.34 0 0 Concrete cores are in accordance with the following ASTM standards: C42 Coring Method C31 Curing Method C39 Testing Method C617 Capping Method DISTRIBUTION: Globe Engineers, Inc. 1- GEI file#143038 BY: av sauwe I- Robert Sauseda FAY SAREMI, PE LIMITATIONS: The test results presented herein are based upon specific sampling and site conditions. We assume no responsibility for variation in quantity,composition,appearance, performance or other similar subject matter provided by Persons or conditions over which we have no control.Globe Engineers,Inc.letters and reports are for the exclusive use of the clients to whom they are addressed. 17819 Davenport Rd.,Suite 240,Dallas,TX 75252 1 Office:(972)713-3030 1 Fax:(972)713-3029 7524 Sand Street,Fort Worth,TX 76118/Office:(817)284-5151/Fax:(817)284-5154 GLOBE Engineers, Inc. Gootochnina|, Environmental, Materials Testing CONCRETE CORE COMPRESSION TEST REPORT Project: Street Coring Project 686,91 Pawing 2011 WSM-F, CPN:1930, DOE 6869 Report No.: 143038- AnqLls Drive Froi G G Wring Road to Page No.: 1 of I ' ytcjii Road VV Date of Report: 9/22/2014 la Client: City of Fort Worth Date of Inspection: 9/22/2014 Fort Worth, Texas 76119 Technician Globe PROJECT DATA Placement Date: NA Date Cored: 9/22/14 Age at Test: > 28 days Date Tested: Design Strength: NA Drilled by: Globe Weather Condition: Sunny Cl-4409 Angus Dr(SB) Depth Type LL PIL PI 8.0" HMAC 0.01, Concrete 8.0" Dark Brown CLAYEY SAND (SC) 28.0 18.0 10.0 C2-4308 Angus Dr B) Depth Type ILL PIL PI 4.0" HMAC 0.01, Concrete 12.0" Tannish Brown CLAYEY SAND (SC) 25.0 18.0 7.0 C3-4300 Angus Dr 13) Depth Type ILL PIL 131 0.01, Concrete 12.5" Brown SANDY CLAY(CL) 30.0 18.3 11.7 Concrete Coring Strength DIAMETER AREA LENGTH- LENG H- MAXIMUM COMPRESSIVE CORRECTION COMPRESSIVE CORE ID (in) (in Avg(in) Avg-(in) LOAD(Ibs) STRENGTH PSI FACTOR STRENGTH PSI Concrete cores are in accordance with the following ASTM standards: C42 Coring Method C31 Curing Method C39 Testing Method C617 Capping Method DISTRIBUTION: Globe Engineers, Inc. I- GEI file#143038 BY: �7" saume The test results presented herein are based upon specific sampling and site conditions. We assume no responsibility for variation in quantity,composition,appearance, performance or other similar subject matter provided by Persons or conditions over which we have no control.Globe Engineers,Inc.letters and reports are for the lexclusive use of the clients to whom they are addressed. / 1 1nno Davenport wd..Suite mo.Dallas,Tx75osu/Office: (972)713-oonn/Fax:Nru 713-3029 rox*Sand Street,Fort Worth,Txrunx/Office:(817)zn*-51o1/Fax:(817)284-5154 GLOBE Engineers, Inc. Geotechnical, Environmental, Materials Testing CONCRETE CORE COMPRESSION TEST REPORT Project: Street Coring Project i P': G 8 6 9 f 1-aviritI 2011 WSM-F, CPN:1930, DOE 6869 Report No.: 143038- G tc;c 8'reet From lk"larshall Stroot to Page No.: 1 of I Race f3treet. Date of Report: Client: -City of Fort Worth Date of Inspection: 9/23/2014 5000 MLK FWY Inspector: Robert Sauseda Fort Worth,Texas 76119 Technician Globe PROJECT DATA Placement Date: NA Date Cored: 9122/14 Age at Test: >28 days Date Tested: Design Strength: NA Drilled by: Globe Weather Condition: Sunny C1-90'South of Race on Grace Ave Depth Type LL PL P1 11/2" HMAC 8.0" Concrete 6 1/2" 0.0 C2-522 Grace Ave. Depth Type LL PL P1 11/2" HMAC 7.0" Concrete 7 1/2" 0.0 C3-30' North of Marshall St on Grace Ave Depth Type LL PL PI 2.0" HMAC 0.01, Concrete 14.0" 0.0 Concrete Coring Strength CORE SAMPLE CAPPED CORRECTED DIAMETER AREA LENGTH- LENGTH- MAXIMUM COMPRESSIVE CORRECTION COMPRESSIVE CORE ID (in) (in 2) Avg(in) Avg-(in) LOAD(lbs) STRENGTH PSI FACTOR STRENGTH PSI C1 3.80 11.34 8.0 C2 3.80 11.34 7.0 Concrete cores are in accordance with the following ASTM standards: C42 Coring Method C31 Curing Method C39 Testing Method C617 Capping Method DISTRIBUTION: Globe Engineers, Inc. 1- G E I file#143038 BY: lay e'la 1- Robert Sauseda FAY SAREMI, PE LIMITATIONS: The test results presented herein are based upon specific sampling and site conditions. We assume no responsibility for variation in quantity,composition,appearance, performance or other similar subject matter provided by Persons or conditions over which we have no control.Globe Engineers,Inc.letters and reports are for the exclusive use of the clients to whom they are addressed. 17819 Davenport Rd.,Suite 240,Dallas,TX 75252/Office:(972)713-3030/Fax:(972)713-3029 7524 Sand Street,Fort Worth,TX 76118/office:(817)284-5151/Fax:(817)284-5154 GLOBE Engineers, Inc. Geotechnical, Environmental, Materials Testing CONCRETE CORE COMPRESSION TEST REPORT Project: Street Coring Project D """Wbu 1 F-'a-ving 2011 WSM-F, CPN:1930, DOE 6869 Report No.: 143038- 1/%f. Harrison Street From Joroine Street Page No.: 1 of I to E Dead E'nd' Date of Report: Client: -City of Fort Worth Date of Inspection: 9/2312014 5000 MLK FWY Inspector: Robert Sauseda Fort Worth, Texas 76119 Technician Globe PROJECT DATA Placement Date: NA Date Cored: 9/22/14 Age at Test: >28 days Date Tested: Design Strength: NA Drilled by: Globe Weather Condition: Sunny C1-2131 W. Harrison S (EB) Depth Type LL PL P1 2.0" HMAC 5.0 Concrete(Broken in pieces) 9.0" 0.0 C2-2117 W. Harrison St(EB) Depth Type ILL. PL PI 11/2" HMAC 5 112" Concrete(Broken in pieces) 9.01, 0.0 C3-2101 W. Harrison St(EB) Depth Type LL PL P1 2.0" HMAC 6.0" Concrete(Broken in pieces) 8.01. 0.0 Concrete Coring Strength CORE SAMPLE CAPPED CORRECTED DIAMETER AREA LENGTH- LENGTH- MAXIMUM COMPRESSIVE CORRECTION COMPRESSIVE CORE ID (in) (in 2) Avg(in) Avg-(in) LOAD(lbs) STRENGTH PSI FACTOR STRENGTH PSI C1 3.80 11.34 5.0 N/A C2 3.80 11.34 5.5 N/A C3 3.80 11.34 6.0 1 N/A Concrete cores are in accordance with the following ASTM standards: C42 Coring Method C31 Curing Method C39 Testing Method C617 Capping Method DISTRIBUTION: Globe Engineers, Inc. 1- GEI file#143038 BY: qo Saume 1- Robert Sauseda FAY SAREMI, PE LIMITATIONS: The test results presented herein are based upon specific sampling and site conditions. We assume no responsibility for variation in quantity,composition,appearance, performance or other similar subject matter provided by Persons or conditions over which we have no control.Globe Engineers,Inc.letters and reports are for the exclusive use of the clients to whom they are addressed. 17819 Davenport Rd.,Suite 240,Dallas,TX 75252/Office:(972)713-3030 1 Fax:(972)713-3029 7524 Sand Street,Fort Worth,TX 761181 office:(817)284-5151/Fax:(817)284-5154 GLOBE Engineers, Inc. Gooteohnioo|' Environmental, Materials Testing CONCRETE CORE COMPRESSION TEST REPORT Project: Street Coring Project 61,169 'Paviog 2011 WSM-F, CPN:1930, DOE 6869 Report No.: 143038- Date of Report: Client: City of Fort Worth Date of Inspection: 912312014 Fort Worth, Texas 76119 Technician : Globe PROJECT DATA Placement Date: NA Date Cored: 9/23/14 Age at Test: >28 days Date Tested: Design Strength: NA Drilled by: Globe Weather Condition: Sunny Cl-2116 W. Morphy B) Depth Type LL PL PI HMAC 0.01, Concrete C2-2108 W. Morphy B) Depth Type LL PL PI 8.01, HMAC Concrete C3-2100W. Morphy( B) Depth Type LL PL PI HMAC 0.01, Concrete ORE SAMPLE CAPPED CORRECTED AREA DIAMETER LENGTH- LENGTH- MAXIMUM COMPRESSIVE CORRECTION COMPRESSIVE CORE ID (in) (in') Avg(in) Avg-(in) LOAD(Ibs) STRENGTH PSI FACTOR STRENGTH PSI Concrete cores are in accordance with the following ASTIVI standards: C42 Coring Method C31 Curing Method C39 Testing Method C617 Capping Method DISTRIBUTION: Globe Engineers, Inc. 1- GEI file#143038 BY: 574V Saww'e I- Robert Sauseda FAY SAREMI, PE The test results presented herein are based upon specific sampling and site conditions. We assume no responsibility for variation in quantity,composition,appearance, performance or other similar subject matter provided by Persons or conditions over which we have no control.Globe Engineers,Inc.letters and reports are for the clusive use of the clients to whom they are addressed. ^ 17a1n Davenport nu,Suite u*o.Dallas,Tx7o2oz/Office:(97z)71n-3ono/Fax:(972)713-3029 7524 Sand Street,Fort Worth,TX 76118/Office:(817)284-5151/Fax:(817)284-5154 GLOBE Engineers, Inc. Geotechnical, Environmental, Materials Testing CONCRETE CORE COMPRESSION TEST REPORT Project: Street Coring Project AL-, 2011 WSM-F, CPN:1930, DOE 6869 Report No.: 143038- True!3traot Fronn IKRIV 16th Stroot to Page No.: 1 of I Magstono Drive Date of Report: Client: City of Fort Worth Date of Inspection: 9/24/2014 5000 MLK FWY Inspector: Robert Sauseda Fort Worth, Texas 76119 Technician Globe PROJECT DATA Placement Date: NA Date Cored: 9/24/14 Age at Test: > 28 days Date Tested: Design Strength: NA Drilled by: Globe Weather Condition: Sunny Cl-2509 True Ave B) Depth Type LL PL P1 31/2" HMAC 0.01, Concrete 121/2" Flexbase C2-2321 True Ave NB) Depth Type LL PL PI 61/2" HMAC 0.01, Concrete 9 1/2" Tannish Brown CLAYEY SAND (SC) 25.0 18.0 7.0 C3-2205 True Ave B) Depth Type LL PL P1 41/2" HMAC 0,01, Concrete 11 1/2" Brown SANDY CLAY(CL) 30.0 18.3 11.7 Concrete Coring Strength DIAMETER AREA LENGTH- LENGTH- MAXIMUM COMPRESSIVE CORRECTION COMPRESSIVE CORE ID (in) (in 2) Avg(in) Avg-(in) LOAD(lbs) STRENGTH PSI FACTOR STRENGTH PSI Concrete cores are in accordance with the following ASTM standards: C42 Coring Method C31 Curing Method C39 Testing Method C617 Capping Method DISTRIBUTION: Globe Engineers, Inc. 1- GEI file#143038 BY: 574u sawote 1- Robert Sauseda FAY SAREMI, PE LIMITATIONS: The test results presented herein are based upon specific sampling and site conditions. We assume no responsibility for variation in quantity,composition,appearance, performance or other similar subject matter provided by Persons or conditions over which we have no control.Globe Engineers,Inc.letters and reports are for the lexclusive use of the clients to whom they are addressed. 17819 Davenport Rd.,Suite 240,Dallas,TX 75252/Office:(972)713-3030 Fax:(972)713-3029 7524 Sand Street,Fort Worth,TX 76118/office:(817)284-5151 /Fax:(817)284-5154