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HomeMy WebLinkAboutContract 4354300[ 111110 ,s.111 ' ' P I 1,1r1.1:4:':`,11;11111111;1L9 11!10:'1'111, d' "11C1,11 1.110:4111111,,ol!!9'1111:141,,,„1, C1TY SEC A CONT CT 10 PROJECT MANUAL FOR THE CONSTRUCTION OF Scot Sunset 1 rainage Improve ents City Project No. 00628 D.O.E. No. 5560 Betsy Price Mayor Tom Higgins City Manager Douglas W. Wiersig, P.E. Director, Department of Transportation / Public Works Prepared for The City of Fort Worth Department of Transportation / Public Works ! OFTIC1,',11All. rditORD 10111E6,1v, Vi!1,41,b9 April 2012 Prepared by: TBPE REG # F-230 1100 MACON STREET FORT WORTH, TEXAS 76102 (817) 336-5773 - TNP No. FTW 10133 TBPE REG # F-230 00 00 00 - 1 TABLE OF CONTENTS SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 00 05 10 Mayor and Council Communication 00 05 15 Addenda 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 35 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 00 45 11 B idders Prequalifications 00 45 12 Prequalification Statement 00 45 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 39 Minority and Women Business Enterprise Goal 00 52 43 Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 61 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01- General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 55 26 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 71 23 Construction Staking 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9, 2011 Page 1 of 3 Scott Sunset Drainage Improvements City Project No. 00628 000000-2 TABLE OF CONTENTS Page 2 of 3 Technical Specifications which have been modified by the Engineer specifically for this Project ; hard copies are included in the Project's Contract Documents Division 39 — Product Specifications 39 00 10 Snout Oil and Debris Separator Technical Specifications 39 00 20 Sheet Piling for Installation of Storm Drain Outfall and Scour Apron Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: https://proiectpoint.buzzsaw.com/c 1 ient/fortworth Rov/Infrastructure%20Proiects/00628%20- %20Scott-Sunset%20Drainaee%20Improvements/Bid%20Documents%20Packaee Division 02 - 02 41 13 0241 14 02 41 15 Division 03 - 03 30 00 Division 26 - None Division 31 311000 31 23 16 31 25 00 31 37 00 Existing Conditions Selective Site Demolition Utility Removal/Abandonment Paving Removal Concrete Cast -In -Place Concrete Electrical - Earthwork Site Clearing Unclassified Excavation Erosion and Sediment Control Riprap Division 32 - Exterior Improvements 32 01 18 Temporary Asphalt Paving Repair 32 11 23 32 11 33 32 12 16 32 13 20 32 16 13 32 31 13 32 91 19 32 92 13 Flexible Base Courses Cement Treated Base Courses Asphalt Paving Concrete Sidewalks, Driveways and Barrier Free Ramps Concrete Curb and Gutters and Valley Gutters Chain Link Fences and Gates Topsoil Placement and Finishing of Parkways Hydro -Mulching, Seeding, and Sodding Division 33 - Utilities 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 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 12 20 Resilient Seated (Wedge) Gate Valve CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9, 2011 Scott Sunset Drainage Improvements City Project No. 00628 33 12 25 33 12 40 33 41 10 33 41 11 33 49 10 33 49 20 Division 34 - 34 71 13 Appendix GC-4.01 GC-4.04 GC-6.06.D GC-6.07 GC-6.09 GC-01 60 00 Connection to Existing Water Mains Dry -Barrel Fire Hydrants Reinforced Concrete Storm Sewer Pipe/Culverts HDPE Storm Sewer Pipe Cast -in -Place Manholes and Junction Boxes Curb and Drop Inlets Transportation Traffic Control Availability of Lands Underground Facilities Minority and Women Owned Business Enterprise Compliance Wage Rates Permits and Utilities Product Requirements END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 9, 2011 000000-3 TABLE OF CONTENTS Page 3of3 Scott Sunset Drainage Improvements City Project No. 00628 M&C0cview Page I of I COUNCIL ACTION: Approved onU17mo1u Official site mthe m,wFait *mth,rexu wspsRsNCs LOG o�Ts� o��O1um�.� �C�a7r� NAME:zOCOw8T_ouaua_aCoTT_SUNSET _DRAINAGE _IMP. CODE: c TYPE: com8swT PUBLICNO*eAn|mG: susWEc7: Authorize Execution of a Contract with Jackson Construction, Ltd., in the Amount of $659,077.50 for the Scott -Sunset Drainage Improvements (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Jackson Construction, Ltd., in the amount of $659,077.50 for construction of the Scott -Sunset Drainage Improvements project, DISCUSSION: The construction contract recommended bythis Mayor andCouncil Cnm unkcaUnnisfnrU`a installation of storm drain pipe, inlets and curb and gutter improvements to correct streetflooding on Scott Road and Nursery Lane. Costs for the implementation of this project will be funded by the Storm Water Capital Projects Bond Fund. The project was advertised for bid nnMay 3.uO12and May 1U.2012inthe Fort Worth 0or- Tolegnam.OnJune14.2O12.\hofnUuwingbidawemnacoivod: o|oosee AMOUNT Jackson Construction, Ltd. $659,07750 Earth Builders, L.P. $826.306.00 Fain Group, Inc. -- *8e8.772u0 Kisrecommended that a contract bwawarded inthe amount nf$85V.077.o0mJackson Construction, Ltd. Funding in the amount of $86,500.00 is included for associated construction survey, project management, materials testing, and inspection. The contingency fund for possible change orders is $25.000.00. Jackson Construction, Ltd., is in compliance with the City's M/WBE Ordinance by committing to eight percent MmnoEparticipation and dunvmentin�Construction', several subcontracting and supplier opportunities. However, the MANBEs contacted in the areas identified did not submit the lowest bids. The City'ogoal onthis project io18percent. This project iulocated inCOUNCIL DISTRICT 7.Mopoco81vVand O1X. TIME OF COMPLETION 1ooCalendar ouvo -| FIScALxvFORmmnowXsnnFICATIOw: The Financial Management GemicemDimmmroortifiesthat funds are available inthe current capital budget, anappropriated, ofthe Storm Water Capital Projects Bond Fund. TO Funuovuoounmopma,a FmOMruno/Acnnvnt/Ceuterm p227 5*1200 zorzounucoos Qnon^orr.so mubmiftedfor Citv ManaaemOffice uy: Fernando Costa (6122) Cng|natingoopommo,uHead: Douglas vum0emig (7801) Additional Information Contact: Michael Owens (aore) ATTACHMENTS M [Mmp0x�J�ZUpdff CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO, 1 to the Specifications & Contract Documents for SCOTT-SUNSET DRAINAGE IMPROVEMENTS CITY PROJECT NO. 00628 Bid Submittal Due Date: June 14, 2012 Addendum No. 1 Issued: May 25, 2012 The Specifications, Contract Documents and Drawings for the above mentioned project are revised and amended as follows: GENERAL CLARIFICATIONS AND CHANGES: 1. The bid opening date has been revised. In an effort to provide further geotechnical information the hid opening date has been revisers to Juana 142012. Rids will be received by the City of Fnrt Worth Purchasing Office until 1:30pm CST and will be opened publicly and read aloud at 2:00pm CST in the Council Chambers. A separate addendum will follow including geotechnical information gathered by soil bores collected at the project location. CONSTRUCTION PLANS: 2. Remove and replace plan sheet No.8 with the sheet in this addendum. The following revisions have been made: a. The dimensions of the proposed concrete block mattress and temporary sheet piling have been revised. b. The block size for the concrete block mattress has been specified as CC 35. Refer to the Product Requirements section of the Project Manual Appendix for information on block sizes. c. The bottom of the junction box at Sta. 5+64.09 has been raised from 563.53 to 565.53. CONTRACT DOCUMENTS: 3. Remove and replace the bid proposal with the proposal in this addendum. The following revisions have been made: a. Line Item 1-07 "Special Riprap" has been revised from 85 SY to 45 SY. b. Line Item 1-20 "48" HDPE Pipe" has been revised from 976 LF to 972 LF. c. Line Item 1-39 "Trench Safety" has been revised from 1301 LF to 1297 LF. d. Line Item 1-53 "Post -CCTV Inspection" has been added. All proposed storm drain shall have Post -CCTV Inspection performed per City Specification 33 01 31. INFORMATION TO BIDDERS: This Addendum No. 1, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Specifications & Contract Documents of the same. Acknowledge your receipt of this Addendum No. 1 by completing the requested information at the following locations: Addendum No. 1 1 of 2 5-25-2012 (1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 1" (3) Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No. 1 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED ki-C/7/€-e‘4-evt- a Company: �G,, kc�. Con4rik;o4%. Lid,. Douglas W. Wiersig, P.E. DIRECTOR Department of Transportation/Public Works By: 7'7' Michael Olden, P.E. Project Manager Addendum No. 1 2 of 2 5-25-2012 00 42 43 BID PROPOSAL SECTION 00 42 43 PROPOSAL FORM. UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description 1-01 3110.0101 Site Clearing 1-02 3125.0101 SWPPP L 1 acre- 1-03 3471.0001 Traffic Control 1-04 0241.4302 Remove 3' Grate Inlet 1-05 0241.3013 Remove 18" Storm Line- 1-06 9999:9999 BMP 72FTB Snout Unit 1-07 3137.0110 Special Riprap 1-08 9999.9999 Sheet Piling for Installation of Storm Drain Outfall and ScourAoron 1-09 3349.0002- 5' Storm Junction Box 1-10 3349.9997 Drop Inlet w/ 8' Dia. Concrete Ring 1-11 3349.7002 -5' Drop Inlet 1-12 3349.9998 TXDOT Type 1-0 Drop Inlet 1-13 13349.9999 TXDOT Juncllan Box 1-14 13349.5001 10' Curb Inlet 1-15 13349.5003 20' Curb Inlet 1-16 13341.0201 21" RCP, Class III . - 1-17 3341.0302 - 30" RCP. Class III 1-18- 3341.0309 36" RCP. Class III 1-19- 3341.0409 48" RCP. Class III 1-20- 3341.0408- 48" HDPE Pipe 1-21 3305.0204 impeded Embedment/Backfill, Crushed Rock- 1-22 0241,1300 Remove Cone Curb&Gutter_ -. I-23 0241,0401 Remove Concrete Drive i-24 0241.0402 Remove Asphalt Drive 1-25 0241.1000 Remoye.Cone Pvmt I-26 3216.0102 7" Conc Curb and Gutter i-27 3212.0302 2" Asphalt Pvmt Type D - -- 1-28 13212.0501 4" Asphalt Base Type B . 1-29 10241.1700 Pavement Pulverization 1-30 13305.0106 Manhole Adjustment. Major - 1-31 3211.0701 6" Cement Treatment 1-32. 3211.0600 Cement 1-33 3213.0303 6" Conc Sidewalk - - - - 1-34 3216-.0302 7" Conc Valley Gutter 1-35 3123.0101 Unclassified Excavation 1-36 3213.0401 6" Concrete Driveway - - - 1-37 3211.0122 6" Flex Base, Type A. OR-2 1-38 3211.0121 4" Flex Base, Type A. GR-2 1-39- 3305.0109 Trench Safety - 1-40 3311.0251 8" DIP Water 1-41 3311.0141 6" Water Pipe 1-42 3312.3002 6" Gate Valve 1-43 3312.0001 Fire Hydrant 1-44 10241.1510 Salvage Fire Hydrant 1-45 3311.0001 Duetile Iron Water Fittings 1-46 13312.0103 Connection to Existing 8" Water Main 1-47 3312.2001 1" Water Service. Meter Relocatlon 1-48 3331.4119 8"DIP -Sewer Pipe 1-49 0330.0001 Concrete Encase Sewer Pipe 1-50 3201.0400 Temporary Asphalt Paving Repair 1-51 3292.0100 Block Sod Placement I-52 3292.0450 Seeding. Hydromulch with binding agent I-53 3301,0002 Post -CCTV Inspection CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 2012(1120 Specification Section No. 31 10 00 LS 31 25 00 LS 3471 13 MO 02.4114EA 02 41 14 IF - 39 0010 EA 31 37 00 SY 39.00 20 LS. 33 4910 EA 33 49 20 EA 33 49 20 EA 33 49 20 EA 33 4910 EA 334920- EA 33 49 20 EA 33 41 10 LF 33 41 10 33 41 10 33 41 10 33 41 11 33 0510 02 41 15 02 41 13 02 41 13 02 41 15 3216 13 321216 321216 02 41 15 133 0514 1321133 I3211 33 I3213 20 13216 13 131 2316 13213 20 3211 23 3211 23 330510 3311 10 33 11 12 3312 20 3312 40- 02 41 14 3311 11 3312 25 331210 3311 10 03 30 00 32 01 18 32 9213 32 9213 330131 LF LF LF LF CY LF SF SF SY LF SY SY SY EA SY TN SF SY CY SF SY SY LF LF ILF TEA TEA EA TON EA EA LF CY IF SY SY LF Unit ofhteasure Bid Quantity Unit Price Bid Value 1 6 2 155 1 45 1 1 2 1 1 1 1 2 47 60 46 126 972 20 173 351 187 11 427 973 21 995 1 1104 13 100 48 300 840 138 52 1297 85 27 1 1 1 0.6 2 1 33 3 216 1674 1625 1251 I Torsi Bid 00 41 00_00 41 13004243004337 004512_003313 Bid Propoc4 Wmkbookxls X[1,416 .11NOW *OM MOM .111 M PM.,Ww,. e {r+ojuMYNIALMI nf-u-mr NEWA MOT MAW. COMM.& OM T MIX 1.0.10 MN mums NO 1.111.9.141( 101 atYWIC =UAW dowmOAITIP +MO.419AMaOWN( MM. 99a MJ'K MI0111.14 AN) MAMA mater mow Pr .ac hrocothohor hJ.l ows awl LK-600[019 N LRCM gATmI (A)l sAamm tome..wogtwu aro a (JSO v20n ornmr nWer a.m (UnoraOothrow hr., u 'f.(WI Ac na.A �ARowesw[146 ▪ I. A. Mu w rtAIIMMT no, IwCiflao,mwawtP6`.rx�.r.Yaa'2 mY▪ .. »K11.0r mrOf �''°aar ,eo°f.,mc MEW "1°""W awir sic[o mt WOOW I A111.1. A A , 7 aNf10 NP'WRC. •71 SNO.1 REVISION NPR. 0AYA wwrKmNL.IA mncwiAr ca! 3 Nom fOAf AiV A.rtto .'R 1N I AA !WM MUT Al/WM (O� SD' OW WIMP I6A1/9Mt T\1Vcr, Nook, 1.9{ roMzrWwamraA.n num:wrs ; I:� , \ STORM DRALINE "A" .... • sn V wo.. o wl. \ co;T r wp 61.1R 11- PR.. 545 . ) 5 :A 32311.1 �' �� e, . it,.._ 70 r,,,t 11. I ',./ 1 ' 451,, • ±5�K 1I Ili il I .'.;.:.! 111 I_ tg _ 1 111 1 1+00 BY !DATE 2+00 FORT WORTH SCALE 1"®20' DATE APR 2012 /NC. 1BPEAgdahatho No F030 3+00 0 4+00 TEAGUENALL AND PERKINS 1100 MOOOrt 9trs.t Fort Worth, T.xas 76102 Phoorc(817)3'38"0773 • F.x;(517)333.3833 WWM.tOP- OOIl...00w sav-9 BOP C 2 FM9, • Wal BOP MC n R oar OR MN, NO tDAGtootrraurOrS MN, =WA( Orr RAAW/I 9lGC K6tl6Y6 �AbYlw Nx&fl4Well h9A07A10OlNr M* PLY TOWN Pot 2CTOr - 10145Rr/ME .RL PAI00TO:TAG3 w. IS btu laxim RI ram lw Nr'wCh✓u, yLLC .0; V. crow • %N 5+00 GRAPHIC SCALE o MI fMilli IOTA, PROMO A OAIYfAOFACD�""row VOTE w I"-1f1' ERTICAL SCALE' G 6+00 OF FORT WORTH, TEXAS DRAINAGE IMPROVEMENTS SCOTT—SUNSET STORM DRAIN LINE "A" P&P STA. 1+00 TO STA. 6+00 CITY 575 550 FTWIMIL SHEET 8 CITY OF FORT WORTH, TEXAS TRANSPORTATION & PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 to the Specifications & Contract Documents for SCOTT-SUNSET DRAINAGE IMPROVEMENTS CITY PROJECT NO, 00628 Bid Submittal Due Date: June 14, 2012 Addendum No. 2 Issued: June 1, 2012 The Specifications, Contract Documents and Drawings for the above mentioned project are revised and amended as follows: GENERAL CLARIFICATIONS AND CHANGES: 1. Included in this Addendum is a Geotechnical Report to provide greater understanding of existing conditions at the project site. Soil bores were collected at two locations along proposed Storm Drain Line 'A'. This information is provided to give the Bidder a better understanding of existing soil conditions at the site and does not affect the plans or specifications. INFORMATION TO BIDDERS: This Addendum No. 2, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Specifications & Contract Documents of the same. Acknowledge your receipt of this Addendum No. 2 by completing the requested information at the following locations: (1) In the space provide on the signature page of the Proposal (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 2" (3) Execute acknowledgement below and submit signed copy with your proposal at the time of bid submittal Failure to acknowledge receipt of the Addendum No. 2 could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED Company: ezrl�� ;tot , LAc1. Addendum No. 2 Douglas W. Wiersig, P.E. DIRECTOR Department of Transportation/Public Works By: Michael Owen, P.E. Project Manager 1 of 1 6-1-2012 CM May 30, 2012 ENGINEERING, INC. Teague Nall and Perkins, Inc. 1100 Macon Street Fort Worth, Texas 76102 Attn: Mr. Tom Dayton, P.E. RE: REPORT 131-12-118 SCOTT-SUNSET STORM DRAIN NURSERY LANE AT REDBUD LANE FORT WORTH, TEXAS Dear Mr. Dayton: 7636 Pebble Drive Fort Worth, Texas 76118 www cmjengt.com Introduction CMJ Engineering, Inc. is pleased to present herein the results of a geotechnical investigation for the above referenced project. This study was performed in general accordance with our Proposal No. 12-3830 dated May 15, 2012. The geotechnical services were authorized on May 15, 2012 by Mr. Ty Hilton, P.E., Principal of Teague Nall and Perkins, Inc. Subsurface materials were explored by two vertical soil borings drilled to depths of 15 to 50 feet. The borings were drilled using continuous flight augers at the approximate locations shown on the Plan of Borings, Plate A.1. The boring Togs are included on Plates A.4 and A.5 and keys to classifications and symbols used on the logs are provided on Plates A.2 and A.3. Detailed descriptions of the field and laboratory procedures are on file and available upon request. Subsurface Conditions Specific types and depths of subsurface strata encountered at the boring locations are shown on the attached boring Togs. The generalized subsurface stratigraphy encountered in the borings is discussed below. Note that depths on the borings refer to the depth from the existing grade or ground surface present at the time of the investigation, and the boundaries between the various soil types are approximate. Natural soils encountered consist of brown, light brown, reddish -brown, light reddish -brown, tan, and gray silty and sandy clays, shaly clays, cemented sands, and sands of low to moderate plasticity. Sand seams/pockets are noted within the borings throughout most depths. In Boring B-2, gray limestone to shaly limestone with shale seams is noted below a 41-foot depth. Tested liquid limit and plasticity indices were 19 to 32 and 3 to 17, respectively. These soils generally classify as CL to SC according to the USCS classification system. Unconfined compressive strength values of the soils varied from 1,630 to 5,620 pounds per square foot (psf). Moisture contents varied from 2 to 21 percent and insitu dry density of the soils varied from 94 to 114 pounds per cubic foot (psf). Phone(817)284-9400 Fax (817) 589-9993 Metro (8j7) 589-9992 CMj ENGINEERING, INC. Teague Nall and Perkins, Inc. CMJ Report 131-12-118 May 30, 2012 Page 2 of 2 The borings were advanced using continuous flight augers to observe the possibility of ground water during drilling. Ground -water seepage was noted during drilling Boring B-2 at approximately 28- to 29-foot depths. Boring B-1 was dry at drilling completion. It should be recognized that ground -water conditions will vary with fluctuations in rainfall. Fluctuations of the ground -water level can occur due to seasonal variations in the amount of rainfall; site topography and runoff; hydraulic conductivity of soil strata; and other factors not evident at the time the borings were performed. Closure CMJ Engineering, Inc. appreciates the opportunity to perform this investigation for Teague Nall and Perkins, Inc. Should questions arise on information contained herein, please contact us. The following plates are attached and complete this letter. • Plate A.1 — Plan of Borings • Plate A.2 — Unified Soil Classification System • Plate A.3 — Key to Classification and Symbols • Plate A.4 — A.5 — Log of Borings Respectfully submitted, CMJ ENGINEERING, INC. TEXAS IST arles M. Jac •n, .E. Senior Geotechnical Consultant copies submitted (3) Mr. Tom Payton, P.E.; Teague Nall and Perkins, Inc. (mail) (1) Mr. Tom Payton, P.E.; Teague Nall and Perkins, Inc. (email) LEGEND: Storm Drain 0 R BUD LAND Boring Location --- —Existing Asphalt Paving ' PLAN OF BORINGS SCOTT-SUNSET STORM DRAIN NURSERY LANE AT REDBUD LANE FORT WORTH, TEXAS — 3+00 B-2_._._.--- — 2 — — — Drainage Easement Existing Asphalt Paving Trinity River 0 30 60 Feet Approxsmote Scole CMJENGINEERING, INC. CMJ PROJECT No. 131-12-118 0) O 0) m a) N 0) 0 a) .ET) 0 N 0 Z c 161 d P. co Major Divisions Sym Typical Names 4'3) (.0 Well -graded gravels, gravel- 2ro a� •c GW sand mixtures, little or no .0E o fines c on c c a0i Poorly graded gravels, gravel 4- a, U v GP sand mixtures, little or no a)�a fines > o o m 0 c CD o z c o Silty gravels, gravel -sand -silt cgo cc _c003a, GM mixtures as 3 IS c -c N co °' 2 o Clayey gravels, gravel-sand- 2 0 c GC clay mixtures a) ro E 0) 0) o a) V N o a) L. CO U CD �t• 0 z L-C c " 0 Y 0 fi) 0 c 0 0) 0) 0) c 0 c N 0 co a) c 0) c 0 to N a) c 0 0 SW Well -graded sands, gravelly sands, little or no fines Poorly graded sands; SP gravelly sands, little or no fines O c o SM N � CD aim CD.- ,H .0 o`o. SC a Q ML CL OL N a) m Silty sands, sand -silt mixtures c a) • a 0 J Clayey sands, sand -clay mixtures Inorganic silts and very fine sands, rock flour, silty or clayey fine sands, or clayey silts with slight plasticity Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, and lean clays Cr_ c4- O rn a) 0) CO E ' �a� a) a) o 0 0 U 6C 50 Organic silts and organic silty 40 clays of low plasticity -3n Inorganic silts, micaceous or :N MH diatomaceous fine sandy or a silty soils, elastic silts 2^ CH Inorganic clays of high plasticity, fat clays OH Organic clays of medium to high plasticity, organic silts Pt Peat and other highly organic soils 10 7 c 0 `) 0 a) 0 N 0. N 0 Laboratory Classification Criteria D60 (D30)2 Cu= greater than 4: Cc= ----- between 1 and 3 Diu Diu x D60 Not meeting all gradation requirements for GW Liquid and Plastic limits below "A" line or P.1. greater than 4 Liquid and Plastic limits above "A" line with P.I. greater than 7 D 60 C6 ---- greater than 6: Diu Liquid and plastic limits plotting in hatched zone between 4 and 7 are borderline cases requiring use of dual symbols (D30)2 Cc= between 1 and 3 D)u x Do Not meeting all gradation requirements for SW Liquid and Plastic limits below "A" line or P.I. less than 4 Liquid and Plastic limits above "A" line with P.I. greater than 7 \\CIL eu I/ 0 10 20 30 40 50 Liquid Limit Liquid and plastic limits plotting between 4 and 7 are borderline cases requiring use of dual symbols CH OH and MH 60 70 80 90 100 Plasticity Chart UNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.2 SOIL OR ROCK TYPES 4112. eggs GRAVEL • • : • • SAND SILT z LEAN CLAY • • • • SANDY • • SILTY AHIGHLY CLAYEY PLASTIC CLAY LIMESTONE SHALE SANDSTONE CONGLOMERATE I I 'x 1 Shelby Tube Auger Split Spoon TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50% Passing No. 200 Sieve) Descriptive Item Soft Firm Stiff Very Stiff Hard Penetrometer Reading, (tsf) 0.0 to 1.0 1.0 to 1.5 1.5 to 3.0 3.0 to 4.5 4.5+ Coarse Grained Soils (More than 50% Retained on No. 200 Sieve) Descriptive Item Relative Density Penetration Resistance (blows/foot) 0 to 4 4 to 10 10 to 30 30 to 50 Over 50 Soil Structure Calcareous Slickensided Laminated Fissured Interbedded Very Loose Loose Medium Dense Dense Very Dense 0to20% 20to40% 40 to 70% 70 to 90% 90 to 100% Rock Core Cone No Pen Recovery Contains appreciable deposits of calcium carbonate; generally nodular Having inclined planes of weakness that are slick and glossy in appearance Composed of thin layers of varying color or texture Containing cracks, sometimes filled with fine sand or silt Composed of alternate layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Soft Moderately Hard Hard Very Hard Poorly Cemented or Friable Cemented Degree of Weathering Unweathered Slightly Weathered Weathered Extremely Weathered Can be remolded in hand; corresponds in consistency up to very stiff in soils Can be scratched with fingernail Can be scratched easily with knife; cannot be scratched with fingernail Difficult to scratch with knife Cannot be scratched with knife Easily crumbled Bound together by chemically precipitated material; Quartz, calcite, dolomite, siderite, and iron oxide are common cementing materials. Rock in its natural state before being exposed to atmospheric agents Noted predominantly by color change with no disintegrated zones Complete color change with zones of slightly decomposed rock Complete color change with consistency, texture, and general appearance approaching soil KEY TO nL ASS FICATION AND SYN1Bni :S PLATE A,3 LOG OF BORING 131-12-118.GPJ CMJ.GDT 5/30/12 Project No. Boring No. 131-12-118 B-1 Location See Plate A.1 Completion Depth 15.0' a 0 —15— 0) O. co f0 co Completion Date 5-23-12 Surface Elevation Project Scott -Sunset Storm Drain Fort Worth, Texas Water Observations Dry at completion Type CFA Stratum Description SILTY SAND tan SILTY SANDY CLAY brown and reddish -brown, very stiff SILTY CLAYEY SAND reddish -brown, w/ cemented sand seams SAND, tan, cemented, w/ some sandy clay, loose LOG OF BORING NO. B-1 0 w 0 cc C7 o . 5 ma 0.0 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 4.5+ 5 CMJ ENGINEERING INC. w U N 03'p 0 0 a5 �v 3 2 18 16 32 15 17 14 15 114 4670 13 3 PLATE A.4 Project No. ! Boring No. Project Scott -Sunset Storm Drain 131-12-118 B_-2 Fort Worth, Texas Location Water Observations See Plate A.1 Completion Completion Depth 50.0' Date 5-23-12 Surface Elevation Type — 10- - 15 —20— — 25- -30 —35— a- 06 —45 N 0 Z_ - ir —50- O o I QG OF BORING NO. B.22 Seepage at 28' during drilling; water at 29' at completion CFA Stratum Description SANDY SILTY CLAYbrown, very stiff CLAYEY SILTY SAND/SANDY SILTY CLAY brown, w/ sand seams, stiff CLAYEY SILTY SANDreddish-brown to light reddish -brown, w/ sand seams, loose SANDY CLAY brown and reddish -brown, very stiff CLAYEY SILTY SANDlight brown SANDY CLAY light brown - w/ coarse sand and fine gravel, 34' - 36' SHALY CLAY gray LIMESTONE/SHALY LIMESTONj=gray, w/ occasional shale seams, hard to very hard 0 0 pj N .0 Z LL N mo art G 3 c N > maes-' aio 4.5+ 4.5+ 2.5 2.75 2,5 1 8 35 19 ( 16 8 7 j 41 20 4.0 j 1.0 i 20 11 11 00/0.25 100/1" 15 14 ENGINEERING INC o LL x = aci 0 t? 0, 0,N C m o 0 0 'c. a �0 11 j 7j 3j 61 j 9j 10 j 94 ( 6j 5 7 12 21 6j 11 17 17 1630 112 5620 1 PLATE A.5 001113-1 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Scott -Sunset Drainage Improvements, City Project No. 00628 will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth, Texas 76102 until 1:30 P.M. CST, Thursday, May 31, 2012, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: 975 LF 48-Inch HDPE Storm Drain Line, 280 LF 21-Inch — 48-Inch RCP Storm Drain Line, 750 SF Cable Concrete Scour Protection Apron at Trinity River Outfall, 995 SY HMAC Pulverization and Overlay PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre - qualified by the City at the time of bid opening. The procedures for qualification and pre - qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at htto://www.fortworthgov.ore/purchasina/ and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from Teague Nall and Perkins which is as follows: 1100 Macon Street, Fort Worth, TX 76102 The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with full size drawings: $70.00 PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: May 14, 2012 TIME: 11:00 A.M. PLACE: City Hall, 1000 Throckmorton Street, Fort Worth, Texas 76102 LOCATION: TPW Conference Room 270 CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00623 0011 13-2 INVITATION TO BIDDERS INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Michael Owen, P.E., City of Fort Worth Email: michael.owen@fortworthgov.org Phone: (817) 392-8079 AND/OR Attn: Tom Dayton, P.E., Teague Nall and Perkins Email: tdayton@tnp-online.com Phone: (817) 336-5773 ADVERTISEMENT DATES May 3, 2012 May 10, 2012 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 2 of 2 Scott -Sunset Drainage Improvements City Project No. 00628 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 0021 13- 1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened) shall not be considered. 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.3 The City reserves the right to require any pre -qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 3.5. Special qualifications required for this project include the following: None 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Deleted 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 0021 13 -3 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. On request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima -facie evidence that the Bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3 The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 0021 13 -5 INSTRUCTIONS TO BIDDERS Page 5 of 9 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth, TX 76102 Attn: Michael Owen, P.E., Transportation and Public Works Department Fax: (817) 392-7854 Email: michael.owen@fortworthgov.org Phone: (817) 392-8079 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via Buzzsaw at http://www.fortworthgov.org/purchasing 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, City may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 0021 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 9 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others In accordance with City Ordinance No. 15530 (as amended), the City has goals for the participation of minority business and women business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the MBE/WBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor Waiver Form and/or Good Faith Effort Form (with "documentation) and/or Joint Venture Form as appropriate. The Forms including documentation must be received by the City no later than 5:00 P.M. CST, five (5) City business days after the bid opening date. The Bidder shall obtain a receipt from the City as evidence the documentation was received. Failure to comply shall render the bid as non -responsive. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, written in ink in both words and numerals, for which the Bidder proposes to do the work contemplated or furnish materials required. All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals, the price in written words shall govern. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the option of the City, be returned unopened. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 0021 13 - 8 INSTRUCTIONS TO BIDDERS Page 8 of 9 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage lntproventents City Project No. 00628 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds, Certificates of Insurance, and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00623 00 35 13 BID FORM SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. h uu:r://www et cs statetx,p5212un"u:,af.„C'uQ..p 'i hair): ww s,Inii:',s.a,'tt�4..:ce'.�uw�rftvu'irx7s"� CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary Lk CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Jackson Construction, Ltd. 5112 Sun Valley Drive Fort Worth, Texas 76119 By: Larry H. Jackson Signature: v d Title: sident of JCI Partners, Inc., General Parfrtrs 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 00 35 13 BID FORM CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity This questionnaire relflects changes made to the law by H.B. 1491, 80th Leg. Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 11 Name of person who has a business relationship with local governmental entity. FORM CIQ OFFICE USE ONLY Date Received Marne of Person 2I ❑ Check this box if you are filing an update to a previously filed questionnaire (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3IName of local government officer with whom filer has employment or business relationship. 41 Name of Offic This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? ❑ Yes ❑ No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? ❑ Yes ❑ No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? ❑ Yes ❑ No D. Describe each employment or business relationship with the local government officer named in this section. Describe Relationship Signature of person doing business with the government entity Date 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.xls 00 35 13 BID FORM LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT (Instructions for completeting and filing this form are provided on the next page) This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement in accordance with Chapter 176, Local Government Code. 1 'Name of Local Government Officer 2 (Office Held Naive of 0 OfficeHeld FORM CIS OFFICE USE ONLY Date Received 3 (Name of person described by Sections 176.002(a) and 176.003(a), Local Government Code Name of Person 4 'Description of the nature and extent of employment or other business relationship with person named in item 3 Describe Relationship 5 I List gifts accepted by the local government officer and any family member, excluding gifts described by Section 176.003(a-1), if aggregate value of the gifts accepted from person named in item 3 exceed $250 during the 12-month period described by Section 176.003(a)(2)(B) Date Gift Accepted Date Description of Gift :Description Date Gift Accepted Date: = Description of Gift 3Description Date Gift Accepted AFFIDAVIT Date Description of Gift Description _ (attach additional forms as necessary) I swear under penalty of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to a family member (as defined by Section 176.001(2), Local Government Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a), Local Government Code. Signature of Local Government Officer AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day of , 20 , to certify which, witness my hand and seal of office. Signature of officer Printed name of officer Title of officer administering oath administering oath administering oath END OF SECTION 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.xls 00 41 00 BID FORM 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: City Project No.: Units/Sections: 1. Enter Into Agreement Scott -Sunset Drainage Improvements 00628 Unit I - Paving and Drainage Improvements The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. 'collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook.xls 00 41 00 BID FORM 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Asphalt Paving Heavy Maintenance (Under $1 M) b. Water Distribution, Urban and Renewal (8" and Smaller) c. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 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 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 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook.xls 00 41 00 BID FORM 7. Bid Submittal This Bid is submitted on Respectfu ly submitted, By:.i (Signature) Larry H. Jackson (Printed Name) 06/14/2012 by the entity named below. Title: President of JCI Partners, Inc., General Partner Company: Jackson Construction, Ltd. Address: 5112 Sun Valley Drive Fort Worth, Texas 76119 State of Incorporation: TX Email: Phone: 817-572-3303 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 END OF SECTION Receipt is acknowledged of the following Addenda: (Addendum No. 1: X 'Addendum No. 2: X (Addendum No. 3: (Addendum No. 4: Corporate Seal: Initial 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 004243 BID PROPOSAL SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Description No. Section No. Measure 1-01 3110.0101 Site Clearing 31 10 00 LS 1-02 3125.0101 SWPPP z 1 acre 31 25 00 LS 1-03 3471.0001 Traffic Control 34 71 13 MO 1-04 0241.4302 Remove 3' Grate Inlet 02 41 14 EA 1-05 0241.3013 Remove 18" Storm Line 02 41 14 LF I-06 9999.9999 BMP 72FTB Snout Unit 39 0010 EA I-07 3137.0110 Special Riprap 31 37 00 SY -08 9999.9999 Sheet Piling for Installation of Storm Drain Outfall and Scour Aaron 39 00 20 LS I-09 3349.0002 5' Storm Junction Box 33 4910 EA I-10 3349.9997 Drop Inlet w/ 8' Dia. Concrete Ring 33 49 20 EA I-11 3349.7002 5' Drop Inlet 33 49 20 EA I-12 3349.9998 TXDOT Type 1-C Drop Inlet 33 49 20 EA I-13 3349.9999 TXDOT Junction Box 33 4910 EA 1-14 3349.5001 10' Curb Inlet 33 49 20 EA 1-15 3349.5003 20' Curb Inlet 33 49 20 EA 1-16 3341.0201 21" RCP, Class III 33 41 10 LF 1-17 3341.0302 30" RCP, Class III 33 41 10 LF 1-18 3341.0309 36" RCP, Class 111 33 41 10 LF 1-19 3341.0409 48" RCP, Class III 33 41 10 LF 1-20 3341.0408 48" HDPE Pipe 33 41 11 LF 1-21 3305.0204 Imported Embedment/Backfill, Crushed Rock 33 05 10 CY 1-22 0241.1300 Remove Conc Curb&Gutter 02 41 15 LF 1-23 0241.0401 Remove Concrete Drive 02 41 13 SF 1-24 0241.0402 Remove Asphalt Drive 02 41 13 SF 1-25 0241.1000 Remove Conc Pvmt 02 41 15 SY 1-26 3216.0102 7" Conc Curb and Gutter 321613 LF 1-27 3212.0302 2" Asphalt Pvmt Type D 32 1216 SY 1-28 3212.0501 4" Asphalt Base Type B 3212 16 SY 1-29 0241.1700 Pavement Pulverization 02 41 15 SY 1-30 3305.0106 Manhole Adjustment, Major 33 05 14 EA 1-31 3211.0701 6" Cement Treatment 32 11 33 SY 1-32 3211.0600 Cement 32 11 33 TN 1-33 3213.0303 6" Conc Sidewalk 3213 20 SF 1-34 3216.0302 7" Conc Valley Gutter 32 16 13 SY 1-35 3123.0101 Unclassified Excavation 31 23 16 CY 1-36 3213.0401 6" Concrete Driveway 32 13 20 SF 1-37 3211.0122 6" Flex Base, Type A, GR-2 3211 23 SY 1-38 3211.0121 4" Flex Base, Type A, GR-2 3211 23 SY 1-39 3305.0109 Trench Safety 33 0510 LF 1-40 3311.0251 8" DIP Water 3311 10 LF 1-41 3311.0141 6" Water Pipe 31112 LF 1-42 3312.3002 6" Gate Valve 33 12 20 EA 1-43 3312.0001 Fire Hydrant 33 12 40 EA 1-44 0241.1510 Salvage Fire Hydrant 02 41 14 EA 1-45 3311.0001 Ductile Iron Water Fittings 3311 11 TON 1-46 3312.0103 Connection to Existing 8" Water Main 3312 25 EA 1-47 3312.2001 1" Water Service, Meter Relocation 33 12 10 EA 1-48 3331.4119 8" DIP Sewer Pipe 3311 10 LF 1 1-49 0330.0001 Concrete Encase Sewer Pipe 03 30 00 CY 1-50 3201.0400 Temporary Asphalt Paving Repair 32 01 18 LF 11-51 3292.0100 Block Sod Placement 32 92 13 SY 11-52 3292.0450 Seeding, Hydromulch with binding agent 32 92 13 SY 11-53 3301.0002 Post -CCTV Inspection 33 01 31 LF 1 Bid Quantity 1 6 2 155 1 45 1 1 2 1 1 1 2 47 60 46 126 972 20 173 351 187 11 427 973 21 995 1 1104 13 100 48 300 840 138 52 1297 85 27 1 0.6 2 1 33 3 216 1674 1625 1251 Unit Price $4.200.00 $12,000.00 $1,600.00 $300.00 $16.00 $9,500.00 $300.00 $150,000.00 $7,000.00 $4,200.00 $7,700.00 $7,700.00 $18,500.00 $3,700.001 $7,500.00 $80.00 $110.00 $140.00 $280.00 $190.00 $45.00 $25.00 $6.00 $7.00 $20.00 $30.00 $25.00 $60.00 $5.00 $700.00 $7.00 $150.00 $18.00 $80.00 $35.00 $9.00 $42.00 $35.00 $1.00 $85.00 $55.00 $1,200.00 $3,500.00 $400.00 $5,300.00 $2,300.00 $1,100.00 $150.00 $320.00 $70.00 $5.00 $2.00 $1.50 Total Bid Bid Value $4,200.00 $12,000.00 $9,600.00 $600.00 $2,480.00 $9,500.00 $13,500.00 $150,000.00 $7,000.00 $8,400.00 $7,700.00 $7,700.00 $18,500.00 $3,700.00 $15,000.00 $3,760.00 $6,600.00 $6,440.00 $35,280.00 $184,680.00 $900.00 $4,325.00 $2,106.00 $1,309.00 $220.00 $12,810.00 $24,325.00 $1,260.00 $4,975.00 $700.00 $7,728.00 $1,950.00 $1,800.00 $3,840.00 $10,500.00 $7,560.00 $5,796.00 $1,820.00 $1,297.00 $7,225.00 $1,485.00 $1,200.00 $3,500.00 $400.00 $3,180.00 $4,600.00 $1,100.00 $4,950.00 $960.00 $15,120.00 $8,370.00 $3,250.00 $1,876.50 $659,077.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fomr Revised 20120120 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook - Completedils 00 43 13 BID BOND 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 en Out Numbers Hero and iNO! i 00 Doiiars ($1 i 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 Scott -Sunset Drainage Improvements 0 NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of By: Company Name Here *By: Surety Name Here *Attach Power of Attorney (Surety) for Attorney -in -Fact CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 , 2012. (Signature and Title of Principal) (Signature of Attorney -of -Fact) Impressed Surety Seal Only END OF SECTION 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook.xls 00 43 37 VENDOR COMPLIANCE TO STATE LAW SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of a1iate Kale l:°rir' Blank , our principal place of business, are required to be IP•'in.nre percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of Salloci IH n ie or. III:"Ilu^ iro9 , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas.O BIDDER: Jackson Construction, Ltd. By: Larry H. Jackson 5112 Sun Valley Drive Fort Worth, Texas 76119 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Title: President of JCI Partners, Inc., General ?aft,tu- Date: IvAe_ ) l zUt 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 004511-( BIDDERS PREQUALIFICATIONS Page 1 of 3 SECTION 00 4511 BIDDERS PREQUALIFICATIONS 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxnermit/ and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. u0628 00 45 12 BID FORM 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 Asphalt Paving Heavy Maintenance (Under $1 M) Water Distribution, Urban and Renewal (8" and Smaller) Contractor/Subcontractor Company Name Jackson Construction, Ltd Jackson Construction, Ltd Prequalification Expiration Date 1/1/2013 4/30/2013 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Jackson Construction, Ltd. 5112 Sun Valley Drive Fort Worth, Texas 76119 By: Larry H. Jackson .-741,s<1 (Signature) Title: President of JCI Partners, Inc., General Date: ��,r, � 1`, Z o t END OF SECTION 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 Name under which you wish to qualify Post Office Box Mark only one: Q Individual =Limited Partnership ®General Partnership Fi Corporation =Limited Liability Company City State Zip Code Street Address (required) City State Zip Code Telephone Fax E-mail Address Area Code Number Area Code Number Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONNAIRE ALONG WITI-1 FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102-631 1 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 00 45 39 - I MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page 1 of 1 SECTION 00 45 39 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than $25,000, the M/WBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOAL The City's M/WBE goal on this project is 18% of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following: 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; 3. Waiver documentation, or; 4. Joint Venture. Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non -responsive. Any questions, please contact the M/WBE Office at (817) 392-6104. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications.:Thci Offeror . shall ° deliver the Mf WBEdocumentation rn person to. the-_ appropriate employee o£ ih Managing Department and obtain a,date/tirne- receipt _ Such receipt shall be;evtdence that_the C received the documentation in the time allocated; °A. faxedrcopyiwilt not be.acceptecb 1. Subcontractor Utilization Form, if goal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated goal: 3. Good Faith Effort and Subcontractor Utilization Form, if no M/WBE participation: 4. Prime Contractor Waiver Form, if firm will perform all subcontracting/supplier work: 5. Joint Venture Form, if utilizing a joint venture to meet or exceed goal. received by 5:00 p.m., five (5) working days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) working days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) working days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) working days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) working days after the bid opening date, exclusive of the bid opening date. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 00 52 43 - Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on "`,N,NP'; o,'(y'42 is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and Jasckson Construction, Ltd., authorized to do business in Texas, acting by and 6 through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Scott -Sunset Drainage Improvements 16 City Project No. 00628 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within {180) days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof , Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fifty -Nine Thousand Seventv-Seven and 50/100 Dollars 33 ($659,077.50) for each day that expires after the time specified in Paragraph 3.2 for Final 34 Acceptance until the City issues the Final Letter of Acceptance. U11 Y Ur rUKI WUKI1-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 00 52 43 - 2 Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of SIX HUNDRED FIFTY-NINE THOUSAND 38 SEVENTY-SEVEN AND 50/100 DOLLARS ($659,077.50) 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CON TENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non -Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents (project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MWBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 (AI Ytit PUKI WUK1H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 005243-3 Agreement Page 3 of 4 73 Article 6. INDEMNIFICATION 74 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 75 expense, the city, its officers, servants and employees, from and against any and all 76 claims arising out of, or alleged to arise out of, the work and services to be performed 77 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 78 under this contract. This indemnification provision is specifically intended to operate 79 and be effective even if it is alleged or proven that all or some of the damages being 80 sought were caused. in whole or in part. by anv act. omission or negligence of the city. 81 This indemnity provision is intended to include, without limitation, indemnity for 82 costs, expenses and legal fees incurred by the city in defending against such claims and 83 causes of actions. 84 85 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 86 the city, its officers, servants and employees, from and against any and all loss, damage 87 or destruction of property of the city, arising out of, or alleged to arise out of, the work 88 and services to be performed by the contractor, its officers, agents, employees, 89 subcontractors, licensees or invitees under this contract. This indemnification 90 provision is specifically intended to operate and be effective even if it is alleged or 91 proven that all or some of the damages being sought were caused. in whole or in part, 92 by anv act. omission or negligence of the city. 93 94 Article 7. MISCELLANEOUS 95 7.1 Terms. 96 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 97 have the meanings indicated in the General Conditions. 98 7.2 Assignment of Contract. 99 This Agreement, including all of the Contract Documents may not be assigned by the 100 Contractor without the advanced express written consent of the City. 101 7.3 Successors and Assigns. 102 City and Contractor each binds itself, its partners, successors, assigns and legal 103 representatives to the other party hereto, in respect to all covenants, agreements and 104 obligations contained in the Contract Documents. 105 7.4 Severability. 106 Any provision or part of the Contract Documents held to be unconstitutional, void or 107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 108 remaining provisions shall continue to be valid and binding upon CITY and 109 CONTRACTOR. 110 7.5 Governing Law and Venue. 111 This Agreement, including all of the Contract Documents is performable in the State of 112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 113 Northern District of Texas, Fort Worth Division. LII Y Ur NUKI WUKltt STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 Scott -,Sunset Drainage Improvements City Project No. 00628 00 52 43 - 4 Agreement Page 4 of 4 114 7.6 Other Provisions. 115 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 116 classified, promulgated and set out by the City, a copy of which is attached hereto and 117 made a part hereof the same as if it were copied verbatim herein. 118 7.7 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 126 127 128 129 130 131 132 133 134 135 136 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contra n nstruction, L By: ✓.t, 4.. (S1knature) (Printed Name) , - It of JCI P 1, Inc., Title: Address: 5 // pf e.,)1/0./l� ,fir City of Fort Worth By: Date Attest:,,r/" (Seal) at_v Assistant City Manager Mary J. Kayser, City Secretary M&C C - 2S - n I Date: /7/ IZ City/State/Zip: /± /,{, j,r i. %xr76//q Approved as to Form and Legality: 7/ g0/ d&dit-{ KA AC lJ Date Douglas W. Black u Assistant City Attorney APPROVAL RECOMMENDED: Douglas Wiersig, P.E. DIRECT Transportation and Public Works I epartment 1,11 Y VP 1'UK1 WUKIH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 09, 2011 a 0 ,cots-J3mset Drainage improvements City Project No. 00628 00 61 13 - 1 PERFORMANCE BOND Page 1 of 2 1 2 3 4 THH STATE OF TEXAS 5 6 COUNTY OF TARRANT 7 SECTION 00 61 13 PERFORMANCE BOND Bond 1009370 KNOW ALL BY '1I SE PRESENTS: 8 That we, JACKSON CONSTURCTION, LTD., known as "Principal" herein and 9 The Hanover Insurance Company , a corporate surety(sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Six Hundred Fifty- 13 Nine Thousand Seventy -Seven and 50/100 Dollars ($659,077.50), lawful money of the United 14 States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and 15 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 16 jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the day of a °UU (,s k " , 20 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as Scott -Sunset Drainage Improvements, 22 City Project No. 00628. 23 NOW, TFIEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. Utl Y Ut" lUKl WUKIH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 00 61 13 - 2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 5 6 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 7 20 7 8 9 10 11 12 13 ATTEST: 4 r�%G GtC-4 16 (Principal) Seer 17 18 19 20 21 22Yitness as to Principa 23 24 25 26 27 28 29 30 31 32 33 34 35 37 Witness as to Surety 38 39 40 day of PRINCIPAL: Jackson Construction, LTD. Signature arry H Jackson, President of JCI Partners, Inc., General Partner Name and Title Address:5112 Sun Valley Drive Fort Worth, TX 76119 SURETY: The Hanover Insurance Company BY: Jack M Crowley, Attorney in Fact Name and Title Address:15305 North Dallas Parkway, #1100 Addison, I,. 75UU1 Telephone Number: 9 7 2 -3 8 5- 9 8 0 0 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 Lii Y ur rUKI WUKIII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Steven R. Foster, Jack M. Crowley, Patricia A. Smith and/or Marie Perryman of Dallas, TX and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Thirty Five Million and No/100 ($35,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons.' (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 5th day of December 2011. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS,.ISURANCE OMPANY OF AMERICA Robert t horttaas V cc President Joe l rcnstrom, President On this 5th day of December 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. B.ARBARA A. GARLICK Notary Public sma'ealth of Massachusetts p:rIs Sepr.21, 2C18 Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September7, 2001- Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this A G,J day of 2012. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA /ice J Tenn Margosian, Vice President 006114-I PAYMENT BOND Page 1 of 2 1 SECTION 00 61 14 2 PAYMENT BOND Bond 1009370 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, JACKSON CONSTURCTION, LTD.. known as "Principal" herein, and 8 The Hanover Insurance Company a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of Six Hundred Fifty -Nine Thousand Seventy -Seven and 50/100 Dollars 13 ($659,077.50), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 15 executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 day of °� �, �:,4 6 G : , 20 , which Contract is hereby referred to and 18 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 19 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 20 said Contract and designated as Scott -Sunset Drainage Improvements, City Project No. 00628. 21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 22 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 23 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 24 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 25 force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. C it Y Ur PURL WUKIH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 b'cott-Sunset Drainage Improvements City Project No. 00628 00 61 14 -2 PAYMENT BOND Page 2 of 2 1 2 this instrument by duly authorized agents and officers on this the day of 3 AUG 7 2020 . 4 IN WITNESS WITEREOF, the Principal and Surety have each SIGNED and SEALED Al 1'hST: JOArt ess as to Principal PRINCIPAL: Jackson Construction, LTD BY: to ;� r"f *IFi444 tl�� Signature Lary H Jackson, President of JCI Partners, Inc, General Partner Name and Title Address: 5112 Sun Valley Drive Fort Worth, TX 76119 SURETY: The Hanover Insurance Company ATTEST: BY: (Surety) Secretary Witness as to Surety Signatiire Jack M Crowley Attorney in Fact Name and Title Address: 15305 North Dallas Parkway, #1100 Addison, TX 75001 Telephone Number: 9 7 2 -3 8 5 -9 8 0 0 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. 11 12 END OF SECTION LI! Y Ur rUKI wUKln STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott-J'unset Drainage Improvements City Project No. 00628 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Steven R. Foster, Jack M. Crowley, Patricia A. Smith and/or Marie Perryman of Dallas, TX and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Thirty Five Million and No/100 ($35,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 5th day of December 2011. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSEI I BAY INSURANCE COMPANY CITIZENS tSURANCE COMPANY OF AMERICA Robert Thomas, Vice President renstrom, Vick. President On this 5th day of December 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. BARBARA A. GARLICK Notary Public mms, watlh of Massachusetts CortnsWor, E,2rTS Seµ.21,2 ,8 4 !_ 7 %-mac.. e r ! -A -.r Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September7, 2001 - Citizens Insurance Company of America) N„� „)�.: V� 221r GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of 2012. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA lean Margosian, Vice President 006119-1 MAINTENANCE BOND Page 1 of 3 1 2 SECTION 00 61 19 MAIN 1'bNANCE BOND Bond 1009370 3 4 THE STATE OF '1'EXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we JACKSON CONSTURCTION, L 1'll. , known as "Principal" herein and 9 The Hanover Insurance Company , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Six Hundred 13 Fifty -Nine Thousand Seventy -Seven and 50/100 Dollars ($659,077.50), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well 15 and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the day of , 20 , which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 21 materials, equipment labor and other accessories as defined by law, in the prosecution of the 22 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 23 the "Work") as provided for in said contract and designated as Scott -Sunset Drainage 24 Improvements, City Project No. 00628; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) years 29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefore at any time within the Maintenance 33 Period. 34 C.11 Y Ur PUK! WUx1H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 0061 19 -2 MAINTENANCE BOND Page 2 of 3 1 NOW TN FREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 1.11 Y UN PORI WURIFf STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 00 61 19 -3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 3 , 20 4 5 6 7 8 day of Ail 0. 7 2 („1, 2 PRINCIPAL: Jackson Construction, LTD 9 BY:�- 10 11 12 13 �� 1 14 (P r.' cipal) Secre 15 16 17 18 19 20 lifness as to Principal 21 22 23 24 25 BY: 26 27 28 29 A 1I EST: 30 32 (Surety) Secretary 33 34 1 35 Witness as to Surety 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 ATTEST: call Y Ur tUKI WUKI H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Signature L rry H Jackson, President of JCI Partners, Inc., General Partner Name and Title Address: 5112 Su. valley Drive Fort Worth, TX /4119 SURETY: The Hanover Insurance Coany � " �SI�ature Jack M,„Giowley Attorney in Fact Name and Title Address: 15305 North Dallas Parkway, #1100 Addison, TX 75001 Telephone Number: 9 7 2 -3 8 5 -9 8 0 0 Scott- Sunset Drainage Improvements City Project No. 00628 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWERS OF ATTORNEY CERTIFIED COPY KNOW ALL MEN BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan, do hereby constitute and appoint Steven R. Foster, Jack M. Crowley, Patricia A. Smith and/or Marie Perryman of Dallas, TX and each is a true and lawful Attorney(s)-in-fact to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, or, if the following line be filled in, only within the area therein designated any and all bonds, recognizances, undertakings, contracts of indemnity or other writings obligatory in the nature thereof, as follows: Any such obligations in the United States, not to exceed Thirty Five Million and No/100 ($35,000,000) in any single instance and said companies hereby ratify and confirm all and whatsoever said Attorney(s)-in-fact may lawfully do in the premises by virtue of these presents. These appointments are made under and by authority of the following Resolution passed by the Board of Directors of said Companies which resolutions are still in effect: "RESOLVED, That the President or any Vice President, in conjunction with any Vice President, be and they are hereby authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as its acts, to execute and acknowledge for and on its behalf as Surety any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) IN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 5th day of December 2011. THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS,fiSURANCE COMPANY OF AMERICA 1r Robert Thomas. Vice President Joe E3renstrom. Vic President On this 5th day of December 2011 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. BARBARA A. GARLICK Notary Public Corrunonaeahh of Massachusetts I.h' Comm:8510n Ez . IS Se4, 21, 2218 Barbara A. Garlick, Notary Public My Commission Expires September 21, 2018 I, the undersigned Vice President of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, hereby certify that the above and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America. "RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto, granted and executed by the President or any Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile." (Adopted October 7, 1981 - The Hanover Insurance Company; Adopted April 14, 1982 - Massachusetts Bay Insurance Company; Adopted September 7, 2001 - Citizens Insurance Company of America) GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this day of .di I L. 2012. THE HANOVER INSURANCE COMPANY MASSACHUSETTS I3AY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA lyenn Margosian, Vice President The anover Insurance Group° The Hanover Insurance Company 440 Lincoln Street, Worcester, MA 01653 Gtizens Insurance Company of America 1645 West Grand River Avenue, Howell, MI 48843 Texas Complaint Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call The Hanover Insurance Company/Citizens Insurance Company of America's toll -free telephone number for information or to make a complaint at: 1-800-608-8141 You may also write to The Hanover Insurance Company/ Citizens Insurance Company of America at: 440 Lincoln Street Worcester, MA 01615 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: httpi/www.tdi.texas.gov E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the com- pany first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or con- dition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de The Hanover Insurance Company/Citizens Insurance Company of America's para informacion o para someter una queja al: 1-800-608-8141 Usted tambien puede escribir a The Hanover Insurance Company/Citizens Insurance Company of America al: 440 Lincoln Street Worcester, MA 01615 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un rec- lamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condition del documento adjunto. 181-1457 (5/12) DESCRIPTIONS (Continued from Page 1) City of Ft. Worth/Scott-Sunset Drainage Improvements SAGITTA 25.3 (2010/05) 2 of 2 #S347854/M325418 Client#: 34870 JACKCON ACORDTM CERTIFICATE OF LIABILITY INSURANCE IDATE (MM/DD/YYYY) 8/03/2012 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: Willis of Texas, Inc. PHONE INC, No, Ext): 972 385-9800 A/CAx , Nol: 972 386-5561 I ( 15305 North Dallas Pkwy, E-MAIL ADDRESS: Suite 1100 Addison, TX 75001 INSURED Jackson Construction, Ltd. JCI Partners, Inc. 5112 Sun Valley Drive Fort Worth, TX 76119 INSURER(S) AFFORDING COVERAGE INSURER A: Travelers Lloyds Insurance Comp INSURER B : Travelers Indemnity of Connecti INSURER C : Texas Mutual Ins Co INSURER D : Charter Oaks Fire Insurance Com INSURER E : INSURER F : NAIC # 41262 25682 22945 25615 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 L POLICY Y TYPE OF INSURANCE NSRWVD POLICY NUMBER (MM/D/D/YYYY) (MMID EXP I LTRfYYYYI A GENERAL LIABILITY X X C00522P764 10/01/2011 10/01/2012 EACH OCCURRENCE DAMAGE TO RENTED X COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) CLAIMS -MADE X OCCUR MED EXP (Any one person) X PD Ded:5,000 PERSONAL BADVINJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I X PERCOT- I I LOC D AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED _ AUTOS AUTOS NON -OWNED X HIRED AUTOS AUTOS B X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE DED XI RETENT ON $0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below A Commercial P N X X BA0525P115 X X CUP5463B717 N/A LIMITS s 1,000,000 5300,000 55,000 $ 1,000,000 $2,000,000 $ 2,000,000 10/01/2011 10/01/201� COMBINED SINGLE LIMIT (Ea accident/ $1,000,000 BODILY INJURY (Per person) $ 10/01/2011 10/01/2012 X TSF0001161633 10/01/2011 10/01/2012 QT6600864P776 10/01/2011 10/01/2012 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE XI WC STATU- I TORY 1 IMITS E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ** General Liability Information ** Blanket Additional Insured; Blanket Waiver of Subrogation; 30 Days Notice of Cancellation; Contractual Liability; XCU Included ** Workers Comp Information ** Other States Coverage; Blanket Waiver of Subrogation; Blanket 30 Days Notice of Cancellation (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Fort Worth Attn:Transportation & Public Works Department 1000 Throckmorton Fort Worth, TX 76102 ACORD 25 (2010/05) 1 of 2 $ $ I$ I s10,000,000 $10,000,000 $ OTH- I FR I S1,000,000 $1,000,000 $1,000,000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD #S347855/M325418 ACAMP DESCRIPTIONS (Continued from Page 1) City of Ft. Worth/Scott-Sunset Drainage Improvements SAGITTA 25.3 (2010/05) 2 of 2 #S347855/M325418 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY_ TEXAS CHANGES - CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY FARM COVERAGE PART — FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART This endorsement also modifies insurance provided under the following when written as part of a Commercial Package Policy: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART — FARM LIABILITY COVERAGE FORM FARM COVERAGE PART — LIVESTOCK COVERAGE FORM FARM COVERAGE PART — MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM GLASS COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following: 2. We may cancel this policy by mailing or deliv- ering to the first Named Insured written notice of cancellation, stating the reason for cancel- lation, at (east 10 days before the effective date of cancellation. However if this policy covers a condominium association, and the condominium property contains at (east one residence or the con- dominium declarations conform with the Texas Uniform Condominium Act, then the notice of cancellation, as described above, will be provided to the First Named Insured 30 days before the effective date of cancella- tion. We will also provide 30 days' written no- tice to each unit -owner to whom we issued a certificate or memorandum of insurance, by IL 02 75 09 07 mailing or delivering the notice to each last mailing address known to us. The permissible reasons for cancellation are as follows: a. If this policy has been in effect for 60 days or less, we may cancel for any rea- son except, that under the provisions of the Texas Insurance Code, we may not cancel this policy solely because the poli- cyholder is an elected official. b. If this policy has been in effect for more than 60 days, or if it is a renewal or con- tinuation of a policy issued by us, we may cancel only for one or more of the follow- ing reasons: (1) Fraud in obtaining coverage; (2) Failure to pay premiums when due; © ISO Properties, Inc., 2006 Page 1 of 2 0 Oloarlexaaatenn M 13, ^ (3) An increase in hazard within the con- trol of the insured which would pro- duce an increase in rate; (4) Loss of our reinsurance covering all or part of the risk covered by the pol- icy; or If we have been placed in supervi- sion, conservatorship or receivership and the cancellation is approved or directed by the supervisor, conserva- tor or receiver. (5) B. The following condition is added and supersedes any provision to the contrary: NONRENEWAL 1. We may elect not to renew this policy except, that under the provisions of the Texas Insur- ance Code, we may not refuse to renew this policy solely because the policyholder is an elected official. 2. This Paragraph, 2., applies unless the policy qualifies under Paragraph 3. below. If we elect not to renew this policy, we may do so by mailing or delivering to the first Named Insured, at the last mailing address known to us, written notice of nonrenewal, stating the reason for nonrenewal, at least 60 days be- fore the expiration date. If notice is mailed or delivered less than 60 days before the expira- tion date, this policy will remain in effect until the 61st day after the date on which the no- tice is mailed or delivered. Eamed premium for any period of coverage that extends be- yond the expiration date will be computed pro rata based on the previous year's premium. 3. If this policy covers a condominium associa- tion, and the condominium property contains at least one residence or the condominium declarations conform with the Texas Uniform Condominium Act, then we will mail or deliver written notice of nonrenewal, at Least 30 days before the expiration or anniversary date of the policy, to: a. The first Named Insured; and b. Each unit -owner to whom we issued a certificate ormemorandum of insurance. We will mail or deliver such notice to each last mailing address known to us. 4. If notice is mailed, proof of mailing will be suf- ficient proof of notice. 5. The transfer of a policyholder between admit- ted companies within the same insurance group is not considered a refusal to renew. 005235 Page 2 of 2 © ISO Properties, Inc., 2006 IL 02 75 09 07 COMMERCIAL AUTO POLICY NUMBER: BA-0525P1 15-1 i -CNS ISSUE DATE: 1 0-1 4-1 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CANCELLATION PROVISION OR COVERAGE CHANGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. SCHEDULE Number of Days' Notice 30 Name Of Person Or Organization Address If this policy is canceled or materially changed to reduce or restrict coverage, we will mail notice of cancellation or change to the person or organization named in the Schedule. We will give the number of day's notice indicated in the Schedule. CA02440604 © ISO Properties, Inc., 2003 Page 1 of 1 ® WORKERS' COMPENSATION AND EMPLOYERS Motu LIABILITY INSURANCE POLICY Insurance Company WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge forthis endorsement shall be 2 .00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium INCLUDED , SEE INFORMATION PAGE , This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 A.M. standard time, forms a part of Policy No. TSF-0001161633 20111001 of the Texas Mutual lnsurance Company Issued to JACKSON CONSTRUCTION LTD Premium $ WC420304A (ED. 1-01-2000) Endorsement No. Grf r Authorized Representative AGENT'S COPY SXCHAMBE 10-03-2011 CANCELLATION: WHEN WE DO NOT RENEW (Nonrenewaf): NAME: SEE IL T8 03 ADDRESS: SEE IL T8 03 FORT WORTH TX 76119 A. For any statutorily permitted reason other than nonpayment of premium, the number of days e- quired for notice of cancellation, as provided in the CONDITIONS Section of this insurance, or as amended by any applicable state cancellation endorsement applicable to this Insurance, is n- creased to the number of days shown in the SCHEDULE above. B. For any statutorily permitted reason other than nonpayment of premium, the number of days e- quired for notice of When We Do Not Renew (Nonrenewal), as provided in the CONDITIONS Section of this insurance, or as amended by any ILFO260998 POLICY NUMBER: DT-CO-0522P764-TLC-1 1 ISSUE DATE: 10-13-11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY_ DESIGNATED ENTITY EARLIER NOTICE OF CANCELLATION/NONRENEWAL PROVIDED BY US - TEXAS This endorsement modifies insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POLICY COMMERCIAL EXCESS LIABILITY (UMBRELLA) INSURANCE COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART — CONTRACTORS COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME COVERAGE PART DELUXE PROPERTY COVERAGE FORM EMPLOYEE BENEFITS LIABILITY COVERAGE PART EXCESS (FOLLOWING FORM) LIABILITY INSURANCE FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Number of Days Notice: 30 Number of Days Notice: 30 applicable state When We Do Not Renew (Nonrenewaf) endorsement applicable to this n- surance, is increased to the number of days shown in the SCHEDULE above. C. We will mail notice of cancellation or nonrenewal or material limitation of those coverage forms to the person or organization shown in the schedule above. We will mail the notice at least the Nu m- ber of Days indicated above before the effective date to our action, Copyright, The Travelers Indemnity Company, 1998 Page 1 of 1 r c� COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A.-H. and J.-N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You ▪ Perils of fire, explosion, lightning, smoke, water ® Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage — Bodily Injury G. Contractual Liability — Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. CG D3 16 07 04 H. J. K. L. M. N. B. Additional Insured — State or Political Subdivisions Other Insurance Condition Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day Knowledge and Notice of Occurrence or Offense Unintentional Omission Personal injury — Assumed by Contract Blanket Additional Insured —Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section Ili Limits Of Insurance. Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 OD5208 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. 3. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5, above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same "occurrence", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract"; Page 2of6 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE_..A.. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work"; or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET" ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are Tess. 2, The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 0 0 amosemszo 110.1.114112114 memos CP 110.14.1.1111 "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non-contributory with, such "other insurance". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. insur- ing Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence": a. Medical, surgical, dental, laboratory, x-ray or nursing service, advice orinstruction, or the related furnishing of food or bever- ages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission COMMERCIAL GENERAL LIABILITY together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part. F. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY — RAILROADS 1. Paragraph c. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted. H. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdi- vision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state or political subdivision; or 00520E CGD3160704 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- cluded in the "products -completed opera- tions hazard". I. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether pri- mary, excess, contingent or on any other basis: Page 4 of 6 (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner, That is insurance purchased by you to cover your liability as a tenant for "property damage". to premises rented to you or tempo- rarily occupied by you with per- mission of the owner, or (4) If the loss arises out of the main- tenance or use of aircraft, "autos", or watercraft to the ex- tent not subject to Exclusion g. of Section 1 — Coverage A — Bodily Injury And Property Damage Li- ability; or That is available to the insured when the insured is an additional (3) (5) insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of. (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self -insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 P SzaiNINarmat 0 MINNIKOMMINIIN (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section I11) or the Non cumulation of Per- sonal and Advertising injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section III) applies; Any risk retention group; Any self-insurance method or program, other than any funded by you and over which this Coverage Part applies; or Any similar risk transfer or risk manage- ment method. b. Does not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. (3) (4) (5) J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section 1 — Coverages) are amended as follows: 1, In paragraph 1.b,, the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your manager's (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. COMMERCIAL GENERAL LIABILITY 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- 005210 CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract"; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section 1 — Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in- demnitee; 3. The third sentence of Paragraph 2 of SUP- PLEMENTARY PAYMENTS — COVERAGES A AND B (Section 1 — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section 1 — Coverage A — Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section 1 — Coverage B — Personal injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and 'property damage", or damages for "personal injury", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury" liability is excluded by endorsement. Page 6 of 6 N. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to their li- ability for "bodily injury", "property damage", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are Tess_ 2. The insurance afforded to the additional in- sured does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense which is committed, after the equipment lease expires. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or hon-contributory with, such "other insurance". Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 0 o a.sieworm R= 0 COMMERCIAL AUTO POLICY NUMBER: BA-0525P1 15-1 1 -CNS ISSUE DATE: 1 0-1 4-1 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT, EXECUTED PRIOR TO LOSS, TO NAME AS AN ADDITIONAL INSURED. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section it of the Coverage Form. CA20480299 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 003095 w 0 Ismemgommowld 07 larmwssoM loolormot COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section 11) is amended c) to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) if, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance, the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section Iti — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additiorial insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such Toss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: 005207 CGD2460805 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c, Before the end of the policy period. © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology 1 1.01 Defined Terms 1 1.02 Terminology 6 Article 2 — Preliminary Matters 7 2.01 Copies of Documents 7 2.02 Commencement of Contract Time; Notice to Proceed 7 2.03 Starting the Work 7 2.04 Before Starting Construction 7 2.05 Preconstruction Conference 8 2.06 Public Meeting 8 2.07 Initial Acceptance of Schedules 8 Article 3 — Contract Documents: Intent, Amending, Reuse 8 3.01 Intent 8 3.02 Reference Standards 9 3.03 Reporting and Resolving Discrepancies 9 3.04 Amending and Supplementing Contract Documents 10 • 3.05 Reuse of Documents 10 3.06 Electronic Data 10 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points 11 4.01 Availability of Lands 11 4.02 Subsurface and Physical Conditions 11 4.03 Differing Subsurface or Physical Conditions 12 4.04 Underground Facilities 13 4.05 Reference Points 14 4.06 Hazardous Environmental Condition at Site 14 Article 5 — Bonds and Insurance 15 5.01 Licensed Sureties and Insurers 15 5.02 Performance, Payment, and Maintenance Bonds 15 5.03 Certificates of Insurance 16 5.04 Contractor's Insurance 18 5.05 Acceptance of Bonds and Insurance; Option to Replace 19 Article 6 — Contractor's Responsibilities 19 6.01 Supervision and Superintendence 19 6.02 Labor; Working Hours 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: Septetnber 8, 2011 6.03 Services, Materials, and Equipment 20 6.04 Project Schedule 20 6.05 Substitutes and "Or -Equals" 21 6.06 Concerning Subcontractors, Suppliers, and Others 23 6.07 Wage Rates 25 6.08 Patent Fees and Royalties 26 6.09 Permits and Utilities 26 6.10 Laws and Regulations 27 6.11 Taxes 27 6.12 Use of Site and Other Areas 28 6.13 Record Documents 29 6.14 Safety and Protection 29 6.15 Safety Representative 30 6.16 Hazard Communication Programs 30 6.17 Emergencies and/or Rectification 30 6.18 Submittals 31 6.19 Continuing the Work 32 6.20 Contractor's General Warranty and Guarantee 32 6.21 Indemnification 33 6.22 Delegation of Professional Design Services 33 6.23 Right to Audit 34 6.24 Nondiscrimination 34 Article 7 - Other Work at the Site 35 7.01 Related Work at Site 35 7.02 Coordination 35 Article 8 - City's Responsibilities 36 8.01 Communications to Contractor 36 8.02 Furnish Data 36 8.03 Pay When Due 36 8.04 Lands and Easements; Reports and Tests 36 8.05 Change Orders 36 8.06 Inspections, Tests, and Approvals 36 8.07 Limitations on City's Responsibilities 36 8.08 Undisclosed Hazardous Environmental Condition 36 8.09 Compliance with Safety Program 37 Article 9 - City's Observation Status During Construction 37 9.01 City's Project Representative 37 9.02 Visits to Site 37 9.03 Authorized Variations in Work 37 9.04 Rejecting Defective Work 37 9.05 Determinations for Work Performed 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work 38 Article 10 - Changes in the Work; Claims; Extra Work 38 10.01 Authorized Changes in the Work 38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 10.02 Unauthorized Changes in the Work 10.03 Execution of Change Orders 10.04 Extra Work 10.05 Notification to Surety 10.06 Contract Claims Process Article 11 - 11.01 11.02 11.03 11.04 Article 12 - 12.01 12.02 12.03 Article 13 - 13.01 13.02 13.03 13.04 13.05 13.06 Correction or Removal of Defective Work 13.07 Correction Period 13.08 Acceptance of Defective Work 13.09 City May Correct Defective Work Article 14 - 14.01 14.02 Progress Payments 14.03 Contractor's Warranty of Title 14.04 Partial Utilization 14.05 Final Inspection 14.06 Final Acceptance 14.07 Final Payment 14.08 Final Completion Delayed and Partial Retainage Release 14.09 Article 15 - 15.01 15.02 15.03 Article 16 - 16.01 Methods and Procedures CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 38 38 39 39 39 Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement 40 Cost of the Work 40 Allowances 43 Unit Price Work 43 Plans Quantity Measurement 45 Change of Contract Price; Change of Contract Time 45 Change of Contract Price 45 Change of Contract Time 46 Delays 47 Tests and Inspections; Correction, Removal or Acceptance of Defective Work 47 Notice of Defects 47 Access to Work 47 Tests and Inspections 48 Uncovering Work 49 City May Stop the Work 49 49 50 51 51 Payments to Contractor and Completion 51 Schedule of Values 51 52 54 54 55 55 55 56 Waiver of Claims 56 Suspension of Work and Termination 56 City May Suspend Work 56 City May Terminate for Cause 57 City May Terminate For Convenience 59 Dispute Resolution 61 61 Article 17 — Miscellaneous 61 17.01 Giving Notice 61 17.02 Computation of Times 62 17.03 Cumulative Remedies 62 17.04 Survival of Obligations 62 17.05 Headings 62 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-1 GENERAL CONDITIONS Page 1 of 62 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment —The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award— Authorization by the City Council for the City to enter into an Agreement. 6. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder —The individual or entity who submits a Bid directly to City. 8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 12. Change Order —A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-2 GENERAL CONDITIONS Page 2 of 62 adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 14. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 18. Contract —The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19. Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22. Contractor —The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. 24. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-3 GENERAL CONDITIONS Page 3 ut'62 26. Director of Aviation — The officially appointed Director of the Aviation Depaitinent of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 27. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Planning and Development — The officially appointed Director of the Planning and Development Depaitalent of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 32. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 33. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 34. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 35. Field Order —A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. 36. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 37. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 38. General Requirements —Sections of Division 1 of the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-4 GENERAL CONDITIONS Page 4 of 62 39. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 40. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 41. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 42. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 44. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 45. Notice of Award The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 46. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 47. PCBs —Polychlorinated biphenyls. 48. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 49. Plans — See definition of Drawings. 50. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 51. Project —The Work to be performed under the Contract Documents. 52. Project Representative —The authorized representative of the City who will be assigned to the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-5 GENERAL CONDITIONS Page 5 of 62 53. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 54. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 55. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 56. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 57. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 58. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 59. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 60. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 61. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 62. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 63. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 64. 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. 65. Supplementary Conditions That part of the Contract Documents which amends or supplements these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-6 GENERAL CONDITIONS Page 6 of 62 66. 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. 67. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 68. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 69. 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. 70. 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. 71. 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: 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-7 GENERAL CONDITIONS Page 7 of 62 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to staring the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-8 GENERAL CONDITIONS Page 8 of 62 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 Before any Work at the Site is started, Contractor shall attend the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-9 GENERAL CONDITIONS Page 9 of 62 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 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 10 GENERAL CONDITIONS Page 10 of 62 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 he authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. 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 (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - I I GENERAL CONDITIONS Page 1 I of 62 risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. 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). CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 12 GENERAL CONDITIONS Page 12 of 62 B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 1)07200- 13 GENERAL CONDITIONS Page 13 of 62 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 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 14 GENERAL CONDITIONS Page 14 of 62 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 15 GENERAL CONDITIONS Page 15 of 62 D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemn 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. ARTICLE 5 — BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Pef formance, 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 16 GENERAL CONDITIONS Page 16 of 62 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. Depaitinent 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 Certcates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 17 GENERAL CONDITIONS Page 17 0f 62 Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 18 GENERAL CONDITIONS Page 18 of 62 conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 19 GENERAL CONDITIONS Page 19 of 62 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. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-20 GENERAL CONDITIONS Page 20 of 62 B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-21 GENERAL CONDITIONS Page 21 ol'62 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. I. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-22 GENERAL CONDITIONS Page 22 ot'62 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; 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-23 GENERAL CONDITIONS Page 23 of 62 B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnifii and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 24 GENERAL CONDITIONS Page 24 of 62 perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority and Women Owned Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract in.accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-25 GENERAL CONDITIONS Page 25 of 62 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. 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 1 lth 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-26 GENERAL CONDITIONS Page 26 of 62 open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-27 GENERAL CONDITIONS Page 27 of 62 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 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-28 GENERAL CONDITIONS Page 28 of 62 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/taxforms/93-forms.html 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. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnifi; and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8.2011 007200-29 GENERAL CONDITIONS Page 29 or62 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 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-30 GENERAL CONDITIONS Page 30 of 62 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 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-31 GENERAL CONDITIONS Page 31 of 62 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. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-32 GENERAL CONDITIONS Page 32 of 62 acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 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; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-33 GENERAL CONDITIONS Page 33 of 62 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 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-34 GENERAL CONDITIONS Page 34 of 62 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 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-35 GENERAL CONDITIONS Page 35 of 62 B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-36 GENERAL CONDITIONS Page 36 of 62 ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-37 GENERAL CONDITIONS Page 37 of 62 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. 9.03 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 38 GENERAL CONDITIONS Page 38 of 62 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-39 GENERAL CONDITIONS Page 39 of 62 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 fmal 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. 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 40 GENERAL CONDITIONS Page 40 of 62 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. D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-41 GENERAL CONDITIONS Pagc41 uf62 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. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 42 GENERAL CONDITIONS Page 42 of 62 owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g• Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. 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 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-43 GENERAL CONDITIONS Page 43 of 62 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 44 GENERAL CONDITIONS Page 44 of 62 the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. 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%. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 (11) 72 00 - 45 GENERAL CONDITIONS Page 45 of 62 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. E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-46 GENERAL CONDITIONS Page 46 of 62 of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the 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 11.01.A.1, 11.01.A.2. and 11.01.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 11.01.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 47 GENERAL CONDITIONS Page 47 of 62 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. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 48 GENERAL CONDITIONS Page 48 of 62 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-49 GENERAL CONDITIONS Page 49 of 62 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 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-50 GENERAL CONDITIONS Page 50 of 62 B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-51 GENERAL CONDITIONS Page 51 01'62 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 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 52 GENERAL CONDITIONS Page 52 of 62 acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-53 GENERAL CONDITIONS Page 53 of 62 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 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 00 72 00 - 54 GENERAL CONDITIONS Page 54 of 62 E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-55 GENERAL CONDITIONS Page 55 of 62 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-56 GENERAL CONDITIONS Page 56 of 62 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-57 GENERAL CONDITIONS Page 57 of 62 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. 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's MWBE ordinance established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-58 GENERAL CONDITIONS Page 58 of 62 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-59 GENERAL CONDITIONS Page 59 of 62 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-60 GENERAL CONDITIONS Page 60 of 62 a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-6I GENERAL CONDITIONS Page 61 of 62 on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: 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. giveswritten notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 007200-62 GENERAL CONDITIONS Page 62 of 62 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. 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised: September 8, 2011 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions 00 73 00 - I SUPPLEMENTARY CONDITIONS Page I of 5 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications and Specifications shall govern over standard details. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of October, 2011: Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER NUMBER Temporary Construction Easement - Lot 1-R, Block 3 Deavers Addition Permanent Drainage Easement - Lot 1-R, Block 3 Deavers Addition Mary Ann Mandlak Mary Ann Mandlak CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised jInsert Revision Date] TARGET DATE OF POSSESSION July, 2012 July, 2012 .Scott -Sunset Drainage Improvements City Project No. 00628 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 5 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of October, 2011: EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: None The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: None SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: Teague Nall and Perkins (3) Other: None SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised (Insert Revision Date] ,Scott -Sunset Drainage Improvements City Project No. 00628 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks None The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: Required for this Contract N/A N/A X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Insert Revision Date] Scott -Sunset Drainage Improvements City Project No. 00628 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 5 I . Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of -way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at - grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier 3 for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: Heavy & Highway Construction Prevailing Wage Rates 2008 and 2008 Prevailing Wage Rates Construction Industry SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: Permit from TRWD and USACE after review of Contractors plans and sequence of work along Trinity River. SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: USACE Authorization Letter SC-6.09C. "Outstanding permits and licenses" CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Insert Revision Date] Scott -Sunset Drainage Improvements City Project No. 00628 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 5 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of October, 2011: Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor None Scope of Work None Coordination Authority None SC-8.01, "Conununications to Contractor" None SC-9.01., "City's Project Representative" The following firm is a consultant to the City responsible for construction management of this Project: None SC-13.03C., "Tests and Inspections" None SC-16.01C.1, "Methods and Procedures" None END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised [Insert Recision Date] Scott -Sunset Drainage Improvements City Project No. 00623 011100-I SUMMARY OF WORK SECTION 01 1100 SUMMARY OF WORK PART1- GENERAL 1.1 SUMMARY Page I of 3 A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1 None. C. Related Specification Sections include, but are not necessarily limited to" 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 I100-2 SUMMARY OF WORK Page 2 of 3 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights -of -way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work associated with easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 011100-3 SUMMARY OF WORK 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBNIITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 3of3 Scott -Sunset Drainage Improvements City Project No. 00628 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART1- GENERAL 1.1 SUMMARY 012500-1 SUBSTITUTION PROCEDURES Page 1 of 5 A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or -equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or -equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 012500-2 SUBSTITUTION PROCEDURES Page 2 of 5 a. Or -equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag, number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 012500-3 SUBSTITUTION PROCEDURES Page 3of5 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, the resulting cost and/or time reduction will be documented by Change Order in accordance with the General Conditions. 4. No additional contract time will be given for substitution. 5. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the City's opinion, acceptance will require substantial revision of the original design d. In the City's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 2500-4 SUBSTITUTION PROCEDURES DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Page 4 of 5 Scott -Sunset Drainage Improvements City Project No. 00628 012500-5 SUBSTITUTION PROCEDURES Page 5 of 5 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 SECTION 0131 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY 013119-1 PRECONSTRUCTION MEETING Page 1 of 3 A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 31 19 - 2 PRECONSTRUCTION MEETING Page 2 of 3 d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 01 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. M/WBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 31 19 - 3 PRECONSTRUCTION MEETING 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 3 of 3 Scott -Sunset Drainage Improvements City Project No. 00628 013120-1 PROJECT MEETINGS SECTION 0131 20 PROJECT MEETINGS PART 1 - GENERAL 1.1 SUMMARY Page 1 of 3 A. Section Includes: 1. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Work and to provide for systematic discussion of potential problems B. Deviations this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B. Pre -Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of meeting to be determined by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 31 20 -2 PROJECT MEETINGS Page 2 of 3 3. Attendees a. Contractor b. Project Representative c. Other City representatives 4. Meeting Schedule a. In general, the neighborhood meeting will occur within the 2 weeks following the pre -construction conference. b. In no case will construction be allowed to begin until this meeting is held. C. Progress Meetings 1. Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as - needed basis. Such additional meetings shall include, but not be limited to: a. Coordinating shutdowns b. Installation of piping and equipment c. Coordination between other construction projects d. Resolution of construction issues e. Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives f. Others, as requested by the Project Representative 5. Preliminary Agenda may include: a. Review of Work progress since previous meeting b. Field observations, problems, conflicts c. Items which impede construction schedule d. Review of off -site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts f. Corrective measures and procedures to regain projected schedule g. Revisions to construction schedule h. Progress, schedule, during succeeding Work period i. Coordination of schedules j. Review submittal schedules k. Maintenance of quality standards 1. Pending changes and substitutions m. Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 31 20 - 3 PROJECT MEETINGS Page 3 of 3 n. Review Record Documents o. Review monthly pay request p. Review status of Requests for Information 6. Meeting Schedule a. Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a) City b) Engineer c) Contractor 7. Meeting Location a. The City will establish a meeting location. 1) To the extent practicable, meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] DATE END OF SECTION Revision Log NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 SECTION 01 3216 CONSTRUCTION PROGRESS SCHEDULE PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General requirements for the preparation, submittal, updating, status reporting and management of the Construction Progress Schedule 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance Document B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Definitions 1. Schedule Tiers a. Tier 1 - No schedule submittal required by contract. Small, brief duration projects b. Tier 2 - No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3 - Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program projects d. Tier 4 - Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e. Tier 5 - Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water or wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2of5 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. 4. Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc B. Reference Standards t . City of Fort Worth Schedule Guidance Document 1.4 ADMINISTRATIVE REQUIREMENTS A. Baseline Schedule 1. General a. Prepare a cost -loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost -loaded baseline Schedule with the City to demonstrate understanding of the work to be performed and known issues and constraints related to the schedule. c. Designate an authorized representative (Project Scheduler) responsible for developing and updating the schedule and preparing reports. B. Progress Schedule 1. Update the progress Schedule monthly as required in the City of Fort Worth Schedule Guidance Document. 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 3. Change Orders a. Incorporate approved change orders, resulting in a change of contract time, in the baseline Schedule in accordance with City of Fort Worth Schedule Guidance Document. C. Responsibility for Schedule Compliance 1. Whenever it becomes apparent from the current progress Schedule and CPM Status Report that delays to the critical path have resulted and the Contract completion date will not be met, or when so directed by the City, make some or all of the following actions at no additional cost to the City a. Submit a Recovery Plan to the City for approval revised baseline Schedule outlining: 1) A written statement of the steps intended to take to remove or arrest the delay to the critical path in the approved schedule 2) Increase construction manpower in such quantities and crafts as will substantially eliminate the backlog of work and return current Schedule to meet projected baseline completion dates 3) Increase the number of working hours per shift, shifts per day, working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate the backlog of work 4) Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 2. If no written statement of the steps intended to take is submitted when so requested by the City, the City may direct the Contractor to increase the level of effort in manpower (trades), equipment and work schedule (overtime, weekend and holiday work, etc.) to be employed by the Contractor in order to remove or arrest the delay to the critical path in the approved schedule. a. No additional cost for such work will be considered. D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for an extension of any Contract completion date must be supplemented with the following: 1) Furnish justification and supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of such justification and supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013216-d CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 a. Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. c. Acknowledge and agree that actual delays, affecting paths of activities containing float time, will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. E. Coordinating Schedule with Other Contract Schedules 1. Where work is to be performed under this Contract concurrently with or contingent upon work performed on the same facilities or area under other contracts, the Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts from the City for the preparation and updating of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire Project. a. In such cases, the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for claims for additional compensation. 1.5 SUBMITTALS A. Baseline Schedule 1. Submit Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. a. Native file format includes: 1) Primavera (P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prior to the pre -construction meeting and bring in hard copy to the meeting for review and discussion. B. Progress Schedule 1. Submit progress Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. Submit progress Schedule monthly no later than the last day of the month. 2. C. Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process 1. The City administers and manages schedules through Buzzsaw. 2. Contractor shall submit documents as required in the City of Fort Worth Schedule Guidance Document. 3. Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules are required. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 32 16-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. The person preparing and revising the construction Progress Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013233-1 PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 3233-2 PRECONSTRUCTION VIDEO PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 2 of 2 Scott -Sunset Drainage Improvements City Project No. 00628 SECTION 01 33 00 SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY 01 33 00 - 1 SUBMITTALS Page 1 of 8 A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work -related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013300-2 SUBMITTALS Page 2 of 8 c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) "By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 %z inches x 11 inches to 8 th inches x 11 inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013300-3 SUBMITTALS Page 3of8 E. Submittal Content 1. The date of submission and the dates of any previous submissions 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom -prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013300-4 SUBMITTALS Page 4 of 8 3) Manufacturer's printed statements of compliances and applicability 4) Roughing -in diagrams and templates 5) Catalog cuts 6) Product photographs 7) Standard wiring diagrams 8) Printed performance curves and operational -range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare -parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on -site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013300-5 SUBMITTALS Page 5 of 8 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013300-6 SUBMITTALS Page 6of8 a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 calendar days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. I) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013300-7 SUBMITTALS Page 7 of 8 b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Working Days prior to release for manufacture. 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 calendar days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Use the Request for Information (RFI) form provided by the City. 3. Numbering of RFI a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and increasing sequentially with each additional transmittal. 4. Sufficient information shall be attached to permit a written response without further information. 5. The City will log each request and will review the request. a. If review of the project information request indicates that a change to the Contract Documents is required, the City will issue a Field Order or Change Order, as appropriate. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013300-8 SUBMITTALS Page 8of8 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 201 ( Scott -Sunset Drainage Improvements City Project No. 00628 013513-1 SPECIAL PROJECT PROCEDURES SECTION 0135 13 SPECIAL PROJECT PROCEDURES PART1- GENERAL 1.1 SUMMARY Page 1 of 8 A. Section Includes: I. The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 33 12 25 — Connection to Existing Water Mains 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Coordination within Railroad permit areas a. Measurement 1) Measurement for this Item will be by lump sum. b. Payment 1) The work performed and materials furnished in accordance with this Item will be paid for at the lump sum price bid for Railroad Coordination. c. The price bid shall include: 1) Mobilization 2) Inspection 3) Safety training 4) Additional Insurance 5) Insurance Certificates CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 (113513-2 SPECIAL PROJECT PROCEDURES Page 2 of 8 6) Other requirements associated with general coordination with Railroad, including additional employees required to protect the right-of-way and property of the Railroad from damage arising out of and/or from the construction of the Project. 2. Railroad Flagmen a. Measurement 1) Measurement for this Item will be per working day. b. Payment I) The work performed and materials furnished in accordance with this Item will be paid for each working day that Railroad Flagmen are present at the Site . c. The price bid shall include: 1) Coordination for scheduling flagmen 2) Flagmen 3) Other requirements associated with Railroad 3. All other items a. Work associated with these Items is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. North Central Texas Council of Governments (NCTCOG) — Clean Construction Specification 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination with the Texas Department of Transportation 1. When work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (TxDOT): a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the permit b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 2. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage -type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 3. Work within 6 feet of high voltage electric lines CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 a. Notification shall be given to: 1) The power company (example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Air Pollution Watch Days 1. General a. Observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". b. Typical Ozone Season 1) May 1 through October 31. c. Critical Emission Time 1) 6:00 a.m. to 10:00 a.m. 2. Watch Days a. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m. on the afternoon prior to the WATCH day. b. Requirements 1) Begin work after 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. 2) However, the Contractor may begin work prior to 10:00 a.m. if: a) Use of motorized equipment is less than 1 hour, or b) If equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. 2. E. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 01 31 13 F. Water Department Coordination CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. 2. Coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. a. Coordination shall be in accordance with Section 33 12 25. b. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. c. In the event that a water valve on an existing live system be turned off and on to accommodate the construction of the project is required, coordinate this activity through the appropriate City representative. 1) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. G. Public Notification Prior to Beginning Construction 1. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor's letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project (i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number f) Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre -construction notification' flyer is attached as Exhibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. H. Public Notification of Temporary Water Service Interruption during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 35 13 -5 SPECIAL PROJECT PROCEDURES Page 5 of 8 a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. I. Coordination with United States Army Corps of Engineers (USACE) I. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. J. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. 3. Railroad Flagmen a. Submit receipts to City for verification of working days that railroad flagmen were personnel were present on Site. K. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. L. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 35 13 -6 SPECIAL PROJECT PROCEDURES 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE July 2011 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 6 of 8 Scott -Sunset Drainage Improvements City Project No. 00628 01 35 13 - 7 SPECIAL PROJECT PROCEDURES EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: Page 7 of 8 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 35 13 -8 SPECIAL PROJECT PROCEDURES Data: EXHIBIT B FORT WORTH DOE NO. XXXX Project Malone: 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 8 of 8 Scott -Sunset Drainage Improvements City Project No. 00628 014523-I TESTING AND INSPECTION SERVICES Page 1 of 3 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART 1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external HP site approved by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 3 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 014523-3 TESTING AND INSPECTION SERVICES Page 3 of 3 Scott -Sunset Drainage Improvements City Project No. 00628 01 50 00 - TEMPORARY FACILITIES AND CONTROLS Page 1 of <I SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART 1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — B idding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 015000-2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1) Contact City 1 week before water for construction is desired d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off -site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on -call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 015000-4 "TEMPORARY FACILITIES AND CONTROLS Page 4of4 3.5 [REPAIR] / [RESTORATION] 3.6 RE -INSTALLATION 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page I of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: I. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 34 71 13 — Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 . 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. I) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 OI5526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 57 13 - STORM WATER POLLUTION PREVENTION Page I of 3 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 31 25 00 — Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (1PDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 SECTION 0158 13 TEMPORARY PROJECT SIGNAGE PART 1- GENERAL 1.1 SUMMARY 015813-1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 A. Section Includes: 1. Temporary Project Signage Requirements B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 015813-2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1. Provide free standing Project Designation Sign in accordance with City's Standard Details for project signs. B. Materials 1. Sign a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE A. General 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 0I5813-3 TEMPORARY PROJECT SIGNAGE Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 3 of 3 Scott -Sunset Drainage Improvements City Project No. 00628 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1- GENERAL 1.1 SUMMARY 01 60 (IU - 1 PRODUCT REQUIREMENTS Page 1 of 2 A. Section Includes: 1. A listing of the approved products for use in the City B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is attached to this Section. B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. I. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section 01 33 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 016000-2 PRODUCT REQUIREMENTS Page 2 of 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage improvements City Project No. 00628 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 016600-2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off -site storage and protection when on -site storage is not adequate. a. Provide addresses of and access to off -site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other privateproperty for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 66 00 -3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non -Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 6600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4of4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 017123-1 CONSTRUCTION STAKING SECTION 01 71 23 CONSTRUCTION STAKING PART 1 - GENERAL 1.1 SUMMARY Page 1 of 3 A. Section includes: 1. Requirements for construction staking. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Construction Stakes 1. Construction staking will be performed by the City. 2. Coordination a. Contact City's Project Representative at least 2 weeks in advance for scheduling of Construction Staking. 3. General a. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. b. Contractor is responsible for preserving and maintaining stakes furnished by City. c. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor's neglect such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. I) The cost for staking will be deducted from the payment due to the Contractor for the Project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 01 33 00. 1. All submittals shall be approved by the Engineer or the City prior to delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 ()I7123-2 CONSTRUCTION STAKING Page 2of3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Certificates 1. Provide certificate certifying that elevations and locations of improvements are in conformance or non-conformance with requirements of the Contract Documents. a. Certificate must be sealed by a registered professional land surveyor in the State of Texas. B. Field Quality Control Submittals 1. Documentation verifying accuracy of field engineering work 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and who are completely familiar with the specified requirements and the methods needed for proper performance of the Work. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION A. Verify location and protect control points before commencing Work. B. Notify City's Project Representative immediately of any discrepancies discovered. 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oil] SITE QUALITY CONTROL A. Preserve permanent reference points during progress of the Work. B. Do not change or relocate reference points without approval from the City. C. Utilize recognized engineering survey practices. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 017123-3 CONSTRUCTION STAKING 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 3of3 Scott -Sunset Drainage Improvements City Project No. 00628 SECTION 01 74 23 CLEANING PART 1- GENERAL 1.1 SUMMARY 017423-I CLEANING Page 1 of 4 A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 017423-2 CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General I. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 017423-3 CLEAN ING Page 3 of 4 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on -site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Interior Final Cleaning 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight -exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. D. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re -seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 0I7423-4 CLEAN ING Page4of4 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 SECTION 0177 19 CLOSEOUT REQUIREMENTS PART 1- GENERAL 1.1 SUMMARY 0I7719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 017719-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 D. Notice of Project Completion 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 017823-t OPERATION AND MAINTENANCE DATA Page l of 5 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00 Submittal Procedures. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8'h inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage improvements City Project No. 00628 017823-2 OPERATION AND MAINTENANCE DATA Page 2of5 c. Text: Manufacturer's printed data, or neatly typewritten d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly -leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 017823-3 OPERATION AND MAINTENANCE DATA Page 3 of 5 a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures I) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 017823-5 OPERATION AND MAINTENANCE DATA 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 5 of 5 Scott -Sunset Drainage Improvements City Project No. 00628 01 78 39 - 1 PROJECT RECORD DOCUMENTS SECTION 0178 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY Page 1 of 5 A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 5 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER -FURNISHED [oR] OWNER -SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 7839-3 PROJECT RECORD DOCUMENTS Page 3 of 5 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 017839-4 PROJECT RECORD DOCUMENTS Page 4of5 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 01 78 39 - 5 PROJECT RECORD DOCUMENTS Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 5 of 5 Scott -Sunset Drainage Improvements City Project No. 00628 39 00 10 - 1 SNOUT OIL AND DEBRIS SEPARATOR SECTION 39 00 10 SNOUT OIL AND DEBRIS SEPARATOR PART 1- GENERAL Page 1 of 3 1.1 SUMMARY A. Section Includes: 1. Furnishing and installing snout oil and debris separator. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Measurement a. Measurement for this Item shall be per each snout oil and debris separator installed and completed in place per the Drawings and Specifications. 2. Payment a. The work performed and materials furnished in accordance with this Item and will be paid for at the unit price bid per each "Snout Oil and Debris Separator": 1) Various types 2) Various sizes 3. The price bid shall include: a. Furnishing and installing Snout Oil and Debris Separator Hood as specified by the Drawings b. Water Access Port as specified by the Product Requirements provided in the Appendix c. Mounting Flange as specified by the Product Requirements provided in the Appendix d. Anti -Siphon as specified by the Product Requirements provided in the Appendix e. Mounting and connection to proposed junction box as specified by the Product Requirements provided in the Appendix f. Clean-up 1.3 REFERENCES A. Reference Standards 1. Refer to Product Requirements provided in Project Manual Appendix. 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 390010-2 SNOUT OIL AND DEBRIS SEPARATOR Page 2of3 B. All submittals shall be approved by the Engineer or the City prior to construction. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Product Data 1. Snout Oil and Debris Separator a. Dimensions b. Material c. Pollutant Removal Efficiency 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER -FURNISHED [NOT USED] 2.2 PRODUCT TYPES AND MATERIALS A. Snout Oil and Debris Separator 1. Refer to Product Requirements provided in Project Manual Appendix. 2.3 ASSEMBLY OR FABRICATION TOLERANCES [NOT USED] 2.4 ACCESSORIES [NOT USED] 2.5 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. General 1. Install snout and mount to proposed junction box as specified herein and in accordance with manufacturer's recommendations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 390010-3 SNOUT OIL AND DEBRIS SEPARATOR 3.5 REPAIR [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Page 3 of 3 Scott -Sunset Drainage Improvements City Project No. 00628 39 00 20 - I SHEET PILING Page I of 3 SECTION 39 00 20 SHEET PILING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Furnishing and installing sheet piling for installation of storm drain outfall and scour apron. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Measurement a. Measurement for this Item shall be by the lump sum. 2. Payment a. The work performed and materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "Sheet Piling" 3. The price bid shall include: a. Furnishing and installing Sheet Piling b. Maintain Sheet Piling during length of the project c. Complete removal of Sheet Piling after Completion of Project 1.3 REFERENCES A. Reference Standards 1. Refer to Item 704 of NCTCOG Public Works Construction Standards, October 2004 Ed., "Piling". 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. B. All submittals shall be approved by the Engineer or the City prior to construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 390020-2 SHEET PILING Page 2 of 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER -FURNISHED [NOT USED] 2.2 PRODUCT TYPES AND MATERIALS A. Sheet Piling 1. Sheet Piling shall conform to all provisions of TxDOT Item 407 "Sheet Piling". 2.3 ASSEMBLY OR FABRICATION TOLERANCES [NOT USED] 2.4 ACCESSORIES [NOT USED] 2.5 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. General 1. Install sheet piling per NCTCOG Item 704.2. 3.5 REPAIR A. General 1. Contractor shall maintain sheet piling through the length of the project. Any repair required to maintain the sheet piling will be considered subsidiary to the item "Sheet Piling". CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 1. At the end of the project, the Contractor shall remove all sheet piling. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 390020-3 SHEET PILING Page 3 of 3 Scott -Sunset Drainage Improvements City Project No. 00628 APPENDIX GC-4.01 Availability of Lands • Temporary Construction and Permanent Drainage Easement Legal Descriptions GC-4.02 Subsurface and Physical Conditions None GC-4.04 Underground Facilities • Existing Utility Map — SUE Work Performed by LTRA July, 2010 (See Construction Plans Sheets 3-5) GC-4.06 Hazardous Environmental Condition at Site None GC-6.06.D Minority and Women Owned Business Enterprise Compliance • M/WBE Special Instructions • M/WBE Subcontractor -Supplier Utilization Form • M/WBE Prime Contractor Waiver Form • M/WBE Good Faith Effort • M/WBE Joint Venture GC-6.07 Wage Rates • Heavy & Highway Construction Prevailing Wage Rates 2008 • 2008 Prevailing Wage Rates Construction Industry GC-6.09 Permits and Utilities • USACE Authorization Letter GC-6.24 Nondiscrimination None GR-01 60 00 Product Requirements • Articulating Concrete Block Mattress • Snout Oil and Debris Separator CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 Easements Acquired at Bid Advertisement CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 Storm Water Utility Project Scott -Sunset Drainage Improvements Parcel # 101 Doe # 5560 Lot 2, Block 2, Deavers Addition 301 Sunset Lane CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS T1'at the undersigned, hereinafter referred to as "Grantor", does by these presents grant and coney Et_ the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block 2, Lot 2, Deavers Additionas shown on the deed recorded in Volume 12581 Page 765 Tarrant County Deed Records, Fort Worth, Tarrant County, Texas, hereinafter referred to as the "Property", for the purpose of: constructing a new driveway. approach and related grading work along the drive approach. Upon execution of this agreement, Grantor will grant Grantee and its contractor's access to the Property for the purpose stated herein, until such time as the project is completed and approved by the Grantee, at which time the above described temporary right of entry becomes void. This Right of Entry shall include the right of Grantee and its employees, agents, representatives, or contractors to access the aforementioned property. TO HAVE AND TO HOLD the above described right of entry, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns, for the purposes set forth above. Grantee shall restore the Property to the condition it was in immediately prior to accessing the Property under this Right of Entry. EXECUTED this the (-y- day of 1`r`('1.4 , 2011 GRANTOR: I (,(lc I ` A. R (7 7' > I � i (Please Print) (Signature) J (Authorized Title) TEMPORARY RIGHT OF ENTRY Rev. 6:2007 Page 1 of 9 Electronically Recorded Official Public Records N I�IIP (R YISED CP 00478) Ov -, Co c.40i Z51 N T LANE Mary Louise Garcia 1,.0 - BI • K-2 DEAVERS ADDITION § Tarrant County Texas 6/15/2011 1:25 PM PGS 9 $48.00 Submitter: ACS KNOW ALL MEN BY THESE PRESENTS D211141550 1LAl�AO TITLE COMPANY CITY OF FORT WORTH GF,-00XO0- iSS/-LSt PE$M NENT DRAINA9E FACILITY EASEMENT A_�, 1L/ P AL+PORARY CONSTRUCTION EASEMENT DATE: 4129/2 V GRANTOR: LADE NE GRANTOR'S: MAILIN 249 SUNSET FORT WOR GRANTEE: CITY OF FORT W GRANTEE'S MAILING ADDRESS ( 1000 THROCKMORTON FORT WORTH, TARRANT KICKY DEAN SCOTT ding County): CONSIDERATION: Ten Dollars ($10,00) and sufficiency of which is hereby acknowled 6 unty): UNTY, TX PROPERTY: A strip of land, being a portion o the City of Fort Worth, Tarrant County, Texas, shown Plat Records of Tarrant County, Texas, conveyed to recorded as Instrument No. D209300085, Deed Re land being more particularly described by Exhibits 'A Construction Easement Grantor, for the consideration paid to Grantor and other g grants, sells, and conveys to Grantee, its successors a easement for the construction, operation, maintenance, repl Permanent Drainage Facility, hereafter referred to as "Facility. T valuable consideration, the receipt PERMANENT DRAINAGE FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. D5/1222010 Deavers Addition, an addition to ed in Volume 1764, Page 290, Scott and Ricky Scott by deed County, Texas, said strip of ent and "A-1" Temporary consideration, hereby exclusive, perpetual e, and repair of a des all incidental rl� ras y4.'u1 Idi il�ldI Illidi I.... �II11I er9Pdund and aboveground attachments, equipment and appurtenances, including, but not to manholes, pipelines, junction boxes, inlets, flumes, headwalls, wingwalls, slope nt, gabions, rock rip -rap, drop structures and access ramps, and other erosion control sus in, upon, under and across a portion of the Property and more fully described in Exhibits ", attached hereto and incorporated herein for all pertinent purposes, together with the ivitege at any and all times to enter Property, or any part thereof, for the purpose of operating, maintaining, replacing, upgrading, and repairing said Facility; and a truction easement, as described in Exhibits "C" and "D", attached hereto and made se in connection with the construction of said Facility, said temporary construction e: se�flerltto�xpl�e upon completion of construction and acceptance by Grantee of said Facility. 9. In n is in easemen pole sign permit, or integrity or • p the surface o sidewalks, d which may have Grantee's use of obligated to res'or provisions and intend TO HAVE AND TO HO the rights and appurtenan and assigns forever, and G and forever defend all and s every person whomsoever lawf use the Property in any manner which interferes in any material way or is granted hereunder, or (11) erect or permit to be erected within the t structure or building, including, but not limited to, monument sign, sonry fences or walls or other structures that require a building uiring a building permit but which may threaten the structural in and its appurtenances. Grantee shall be obligated to restore rantee's sole cost and expense, including the restoration of any surface improvements located upon or adjacent to the Easement , relocated, altered, damaged, or destroyed as a result of the hereunder provided, however, that Grantee shall not be ion systems or other improvements installed in violation of the t. TO HAVE AND TO HOLD the a and singular, the rights and ap Grantee's successors and assigns Grantor hereby bind themselves, the and singular, said easement unto G whomsoever lawfully claiming or to claim the same When the context requires, singular nouns an cribed permanent easement, together with all and singular anyway belonging unto Grantee, and Grantee's successors by bind itself and its successor and assigns to warrant ent unto Grantee, its successor and assigns, against to cia' ' the same, or any part thereof. ry construction easement, together with, all to in anyway belonging unto Grantee, and pletion of construction and acceptance by Grantee. successors • assigns, to warrant and defend, all ee, its s . - and assigns, against every person ereof. [SIGNATURES APPEA' ON FO OWING PAGE] PERMANENT DRAINAGE FACIUIY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. 05/12/2010 GRANTEE: City of Fort Worth Femando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY Assistan City Attorney EMENT STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the und= =i•ned a0ority, this day personally appeare• ' , f person whose name is subscribed to the fo same was the act of 2stWe e.. & ,, fX - the act of said ;! - Sc e 7'1— consideration therein expressed and in the cape th GIVEN UNDER MY HAND AND SEAL OF OF 9t" t ; ;�sv •i: LAVONNE S. KWH TC ; STATE OFT't1A8 ) l A Ccfn0mx: r . 03/31/12 1 c in and for the State of Texas, on known to me to be the same , and acknowledged to me that the d that he/she executed the same as for the purposes and day of Notafy Pub�rfd for�ttie tate of Texas PERMANENT DRAINAGE FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. 05/12/2010 11 II II II II dll11.1111 rage401 ACKNOWLEDGEMENT TEXAS § ARRANT § E, the unde aut onty, a Notary Public in and for the State of Texas, on this • ay��k�• n • yap • :: 4 / , <.71-7 known to me to be the same pers'bed to' the foregoing instrument, and acknowledged to me that the sam �ti on .544c a tf and that he/she executed the same as the act of Ed 1) t a.-r . c.. -r`i- for the purposes and considerate •nth eixpres and in the capacity therein stated. GI t -; " ND SEAL OF OFFICE this 1-3 day of Notar>;i Public in and for the State of Texas PERMANENT DRAINAGE FACILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT Rev. o5Jl2f2010 r clay . 1,j1► J ACKNOWLEDGEMENT TEXAS § RANT § F • E, the undersigned authority, a Notary Public in and for the State of Tex , oNfhis • ► persona y appeared Femando Costa, Assistant City Manager of the City of Fort W •met• e same person whose name is subscribed to the foregoing instrument, and ackno dg = • • + - = the same was the act of the City of Fort Worth and that hefshe executed _ e < the _ •, the City of Fort Worth for the purposes and consideration therein expressed ;• • in t capa• •,y(, =In stated. GIVE AND SEAL OF OFFICE this p2h' 1 day of otary Public in and f r the State of Texas EVONu DAMS M c0MnasaoN SPIR B PERMANENT DRAINAGE FACILRY EASEMENT AND TEWORARY CONSTRUCTION EASEMENT Rev. 05/12/2010 1 raytoui. D AVEP J LN, (50' R.O.W.) LOT 30 LOT 29 LOT28 LOT 27 SUNSET RIDGE VOL 1861, PC. 527 20.00' NORTH POINT OF BEGINNING -5\k gig LOT 44 LADENE SMITH—SCOTT AND RICKY SCOTT INST. NO. D209300085 ��•� WEST 150.01' PAs 0.069 ACRE DRAINAGE EASEMENT LOT 1 EXHIBIT "B" 20.00' SOUTH LOT 2 LOT3 DEAVERS ADDITION VOL. 1764 PG. 29_ NOTES: LOT 12 4) THE RYOO tY.. 1316, PC 1 LOT 1—R 2—R PERS ADDI ON CAB. B, SLIDE 1574 1. Bearings are based on the Texas State Plane Coordinate System. North Central Zone (NA083). 2. Integral ports of this survey: o. Legal Description b. Sketch JOB NO. F1W10133 LOT 3—R 'se SCALE: 1'' = 50' RIVERCRES VOL 388-4, P' T ADDMON 388-1, PG. 115 LOT 2A LOT 2BR, BLK. 12 RIVERCREST ADD'N. CAB. B, SLIDE 1580 60 (3o' R.oalr.) ,try RED BUD LIE. 1-PIPE NO LOT 2CXR, BLK. 12 RIVERCREST ADD'N. CAB. 5, SLIDE 1580 0.069 ACRE DRAINAGE EASEMENT A portion of Lot 1, Block 2 DEAVERS ADDITION City of Fort Worth Tarrant County, Texas L:\PROJECTSVM1U133\cad\survey\OE LA B2.dro ir\ co cL ith II I IIII11 r age i ui J EXHIBIT A-1 TEMPORARY CONSTRUCTION EASEMENT trip of land, being a portion of Lot 1, Block 2, Deavers Addition, an addition to of Fort Worth, Tarrant County, Texas, shown by plat recorded in Volume ge 290, Plat Records of Tarrant County, Texas, conveyed to Ladene tt and Ricky Scott by deed recorded as Instrument No. D209300085, Tarrant County, Texas, said strip of land being more particularly s and bounds as follows: CO a rig -of Then northwes POINT Thence Nort a point for co Thence East, a dis same being the w City of Fort Worth, Slide 1574, of said PI "Grant Eng. R.P.L.S. North, 10.09 feet; /2 inch iron rod found at the southwest corner of said Lot 1, r of Lot 2, in said Block 2, said point being on the east t Lane (50' right-of-way); said right-of-way line, a distance of 20.00 feet to the posed 20 feet wide drainage easement, being the or the strip of land herein described; aloe skid right-of-way line, a distance of 20.00 feet to Thence South, with said lin said proposed drainage eas feet to a point on the east line of said Lot 1, , Block 3, Deavers Addition, an addition to the Texas, shown by plat recorded in Cabinet B, h a 1/2 inch iron rod with cap stamped rtheast comer of said Lot 1 bears tance of 2 1 1 1 feet to the northeast comer of ent; Thence West, with the north line of the POINT OF BEGINNING and Lawrence E. Allee Registered Professional Land Surveyor No. Teague Nall and Perkins, Inc. February 18, 2011 distance of 150.01 feet to cre of land, more or less. 0 d a_ LOT21 LOT 20 DEAD LN. (50' R.O.W.) LOT 30 SUNSET RIDGE LOT 43 vI,L. 1861, PG 527 20.00' NORTH PONT ar KAMM I PONT OF COMMOCING \1., -- —b LOT29 LOT28 Lor 27 LOT 44 LADENE SMITH-SCOTT AND RICKY SCOTT J INST. NO. D209300085 �* EAST 150.01 WEST 150.01' salmi 2100' LOT •413PROPOSED DRAINAGE EASEMENT LOT 2 or 3 DEAVERS ADDITION VOL. 1764, PG 29. .t> LO 4 EXHIBIT "B" y� LOT 12 645, NOTES: savlfr raw' 20.00' SOUTH PIE RIDGE VOL 1316, PG 1 11:1PE FND RI V£RCRES, W. 388-4, PG. '�F�F' T ADDITIGW LOT 1-R 4 p,� 388-1, PG 115 0.089 ACRE LOT 2A TEMPORARY CONSTRUCTION EASEMENT --ti� t' ' ' o pq LOT 2BR, BLK. 12 ria 'a RIVERCREST ADD'N. I1 ICAB. B, SLIDE 1580 a 1 ,1°' 68 (30' R.O.W.) \ry RED BUD L V. 1. Bearings are based on the Texas State Plane Coordinate System. North Central Zone (NADB3). 2. Integral parts of this survey. c a. Legal Description b. Sketch 2-R VERS ADDITION CAa B, SLIDE 1574 LOT 3-R 25 50 L\PROJECTS\flW1O133\cad\,urv,y\TCE Lt 82.dwg SCALE: 1" 1 0.069 ACRE CAB. B, SLIDE 1550 TEMPORARY CONSTRUCTION EASEMENT A portion of Lot 1, Block 2 DEAVERS ADDITION City of Fort Worth = 50' Tarrant County, Texas 100 1-PIPE FND LOT 2CXR,. 13'LK..12 RIVERCREST ADD'N. Page 9 of 9 EXHIBIT A DRAINAGE EASEMENT rip of land, being a portion of Lot 1, Block 2, Deavers Addition, an addition to of Fort Worth, Tarrant County, Texas, shown by plat recorded in Volume ge 290, Plat Records of Tarrant County, Texas, conveyed to Ladene tt and Ricky Scott by deed recorded as Instrument No. D209300085, Tarrant County, Texas, said strip of land being more particularly and bounds as follows: BE a g -of- Then corner, Thence E same being City of Fort Slide 1574, of "Grant Eng. R.P.L. North, 30.09 feet Thence South, with s said Lot 1 and the nort inch iron rod found at the southwest comer of said Lot 1, er of Lot 2, in said Block 2, said point being on the east t Lane (50' right-of-way); said right-of-way line, a distance of 20.00 feet to a point for Thence West, with the co feet to the POINT OF BEGI less. 01 feet to a point on the east line of said Lot 1, R, Block 3, Deavers Addition, an addition to the y, Texas, shown by plat recorded in Cabinet B, s, from which a 1/2 inch iron rod with cap stamped at the northeast comer of said Lot 1 bears (-74,4e44-e..-- Z . 4.,6( Lawrence E. Allee " ' ---- Registered Professional Land Surveyor No Teague Nall and Perkins, Inc. February 18, 2011 20.00 feet to the southeast comer of of 2; f said Lot 1 and Lot 2, a distance of 150.01 and cont gir it 0.069 acre of land, more or Electronically Recorded Official Public Records AFTER REC:O , P4 City of Fort worth,M Isuise Garcia 1000 Throckmorton Fort Worth, Texas 76102 Attention: Real Property Management Tarrant County Texas 12/12/2011 2:32 PM D211298994 PGS 10 $52.00 Submitter: ACS NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER STORMWATER. DRAINAGE EASEMENT AND RIGHT-OF-WAY AGREEMENT STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRA.NT THAT TARRANT REGIONAL WATER DISTRICT, A Water Control and Improvement District, a body politic and corporate under the laws of the State of Texas, whose mailing address is P. O. Box 4508, Fort Worth, Texas 76164-0508 (herein called "Grantor"), for and in consideration of the sum of TEN AND NO/100 DOLLARS (S10.00) and other good and valuable consideration to Grantor in hand paid by the CITY OF FORT WORTH, TEXAS, a municipal corporation of Tarrant County, Texas, whose mailing address is 1000 Throckmorton, Fort Worth, Texas 76102, Attention: Real Property Management (herein called "Grantee"), the receipt of which is hereby acknowledged, has BARGAINED, GRANTED, AND CONVEYED, and by these presents sloes BARGAIN, GRANT, AND CONVEY, unto the said Grantee an easement and right-of-way (the "Easement") for the uses hereinafter stated under and across the lands that are described by metes and bounds on Exhibit "A" attached hereto and incorporated herein for all purposes and depicted on Liibit,."I3" attached hereto and incorporated herein for all purposes (the "Land"). The terms and conditions of this Stormwater Drainage Easement and Right -of -Way Agreement (the "Agreement") are as follows: I . Permitted Use. The Land shall be used by Grantee only as a part of a stormwater drainage system. In connection therewith, Grantee is authorized to construct, reconstruct, install, reinstall, operate, maintain, repair, alter, replace, inspect and remove (a) one (1) subsurface forty- eight (4S) inch inside diameter H.DPE pipe, (b) two (2) underground precast drop inlets with eight inch diameter concrete ring connecting to the HIVE pipe , and (c) one (1) concrete headwall (collectively, the "Facilities"). The headwall must surround the IIDI'E pipe and must be Iocated at the toe of the riverbank of the Trinity River. The stormwatcr shall discharge from the €-II:)PE pipe into the Trinity River which borders the Land. No building, structure or improvement other than the HDPE pipe, underground precast drop inlets and headwall shall be placed, constructed or maintained in. on or under the Land. _ 0 1 >r �+s '. Pipe to he Buried. Grantee shall bury the forty-eight inch HDPE pipe a sufficient depth below the surface of the ground so that the top of said pipe shall he not less than four (4) feet below the presently existing surface of the ground. and when digging the ditch for said pipe. Grantee shall separate the topsoil from the subsoil as nearly as possible, and when backfilling said ditch, Grantee shall place the subsoil back into the ditch first and the topsoil last. 3. Approval of Plans. All Facilities authorized hereunder shall be constructed and installed pursuant to the written plans and specifications (the "Plans') that have been submitted to, and approved by, Grantor. Grantor, by giving such approval, has not assumed, and does not assume, any responsibility or liability with respect to such Plans. A. true and correct copy of the Plans are attached hereto as Exhibit "F" and incorporated herein for all purposes. 4. Permits. Grantee shall obtain all required permits related to the construction, reconstruction, operation, maintenance, use and repair of the Facilities. By its acceptance and recordation hereof, Grantee represents and warrants that it has obtained (or will have obtained prior to the exercise of any rights hereunder) all permits, authorizations and approvals required by any governmental authority, including, without limitation, the United States Army Corps of Engineers. 5. Reservation of Minerals. There is reserved to Grantor, its successors and assigns, and not conveyed hereby, all of the oil, gas, and other minerals in, on or under the Land, but Grantor waives all rights of ingress and egress to the surface of the Land for the purpose of exploring, developing, mining, or drilling therefor; it being specifically agreed that no operation relating to such mineral reservation will be conducted on the surface of the Land. The foregoing waiver of surface rights shall not be construed to prohibit Grantor from using the surface of any lands other than the Land for activities related to the development or production of the oil, gas, and other minerals in and under the Land nor shall such waiver be construed to prevent Grantor from developing or producing the oil, gas, and other minerals in and under the Land by pooling or directional drilling under the Land from well or mine sites located on lands other than the Land. Notwithstanding the foregoing reservation, Grantee shall have the right and privilege to own, use and remove from the Land all sand, gravel, dirt, rock and other similar materials as may be necessary in exercising the rights granted herein. 6. Performance of Work. All work done in connection with the Easement shall be performed in accordance with the Plans and as expeditiously as possible so as not to interfere unreasonably with the use and occupancy of the Land by Grantor, its agents, representatives, employees, licensees, and invitees. In performing the work or causing the work to be performed, Grantee shall make. adequate provisions for the safety and convenience of Grantor, its agents, representatives, employees, licensees, and invitees, and shall cause all work to be cleaned up properly and promptly in order to minimize disruption or inconvenience. Grantee shall construct and operate the Facilities at its sole cost and expense. Grantee shall perform all work necessary in connection with the construction, reconstruction, installation, reinstallation, operation, maintenance, repair, alteration, replacement, inspection, and/or removal of such Facilities in a good and workmanlike manner in conformance with sound and accepted engineering practices. After any disturbance of the surface of the Land for any purpose authorized hereunder (whether in connection ‘,vith initial construction or installation; any reconstruction or reinstallation; any operation. maintenance or repair; any alteration or replacement; any inspection; removal; or otherwise), Grantee shall restore such surface to the same condition as existed before any such disturbance. Further, if any improvements of Grantor are disturbed, damaged, or destroyed by the operations of Grantee hereunder. Grantee agrees to replace and restore such improvements to a condition at least as good as existed before any such disturbance, damage, or destruction. The Facilities shall at all times be constructed, kept, operated, and maintained in a safe condition and in firll compliance with all applicable federal, state, municipal, and other laws, statutes, regulations, ordinances. and orders. Grantor shall be notified at least twenty-four hours in advance of entry onto the Land for any purpose authorized hereunder, including construction of or repairs or maintenance to the HDPE pipe or any other facility authorized hereunder, provided that in cases of emergency notification shall be given as soon as is possible. 7. Removal of Pollutants. Pollutants in the stormwater, including oil, sediment and trash, must be removed to the minimum specifications as set forth in the design qualifications for a BMP Inc. 72 F t 13 snout oil and debris separator or equivalent (the "Separator"). In the event that any stormwater has not been treated to the required specifications for the Separator, then upon written notice from Grantor, Grantee shall immediately take all such actions as inay be necessary to prevent any further discharge of stonnwater into the Trinity River until appropriate remedial action has been taken to ensure that pollutants will be removed to the required minimum specifications. Additionally, Grantor shall have the right to seal off or prevent any discharges of unpuritied storrnwater in the Trinity River, and the actual costs of Grantor's action in so doing shall be borne and paid by Grantee. Grantee shall provide a written report on or before July 1 in each year demonstrating compliance with the provisions of this Paragraph 7. The written report must show the quantities of silt, sediment, oil, trash and other debris removed from the Separator during the twelve month period ending on the immediately preceding May 31. 8. Temporary Construction Easement. In addition to the Easement granted herein, Grantor hereby grants to Grantee a temporary construction easement (the "Temporary Construction Easement") over and across the lands that are described by metes and bounds on Exhibit "C" attached hereto and incorporated herein for all purposes and depicted on Exhibit "D" attached hereto and incorporated herein for all purposes The lands within the Temporary Construction Easement are to be temporarily used solely in connection with the construction and installation of the Facilities. Upon the completion of the construction and installation of the Facilities, all rights granted within the Temporary Construction Easement shall cease, and all operations, maintenance, and repairs shall be confined to the Land. After any disturbance of the surface of the lands burdened by the Temporary Construction Easement for any purpose authorized hereunder, Grantee shall restore such surface to the same condition as existed before any such disturbance. Further, if any improvements of Grantor located within the area covered by the Temporary Construction Easement, or on any Iands of Grantor adjacent thereto, are disturbed, damaged, or destroyed by the ,operations of Grantee hereunder, Grantee agrees to replace and restore such improvements to a condition at least as good as existed before any such disturbance, damage, or destruction, including the restoration of any sidewalks, driveways, parking lots, or similar surface irnpro orients. 9. Reservations and Exceptions to Grant. The Easement is expressly made subject to (i) any and all visible and apparent easements and rights -of -way over or across the Land, whether of record or not; (ii) any and all existing restrictions, reservations, covenants, conditions, oil and gas leases, mineral severances, and other instruments, other than conveyances of the surface fee estate, that affect the Land and are shown of record in Tarrant County, Texas; (iii) all reservations, restrictions, covenants, terms and conditions contained herein; and (iv) any and all zoning laws, regulations, and ordinances of municipal and other governmental authorities relating to the Land, but only to the extent that they are still in force and effect (collectively, the "Permitted Exceptions"). Grantor hereby reserves to itself, its successors and assigns, the right to use and enjoy the surface and subsurface of the Land for any and all purposes so long as such use does not adversely interfere with the rights herein granted to Grantee, and provided further that the surface of the Land will not be used for mineral exploration or development. In addition to all other rights reserved herein and not in limitation thereof, Grantor specifically reserves the right of passage over the Land. 10. No Surface Improvements. Grantee agrees that no buildings, structures, stations, regulators, meters or other appurtenances shall be placed on. or above the surface of the Land without the prior written consent of Grantor. 11. Automatic Reverter. The Easement, and all rights and privileges granted herein, will automatically terminate if and when the Easement is no longer used for the purposes set out herein. In the event of such termination of use, Grantee agrees to execute and deliver to Grantor a document in recordable form releasing all of Grantee's rights hereunder, but the failure to execute and deliver such a Release shall not affect Grantor's ownership of the Land free and clear of any claims, rights, or privileges of Grantee. 12. RELEASE. Grantee, on behalf of itself, its successors and assigns, hereby releases, relinquishes, and discharges, Grantor, and Grantor's officers, directors, agents, servants, employees, attorneys, successors, and assigns, from and against any and all claims, demands, liabilities, suits, causes of action, obligations, damages, injuries, losses, penalties, costs, (including, without limitation, attorneys' fees, court costs, consultant fees, expert fees, and other litigation related expenses), of whatsoever kind or character, directly or indirectly resulting from, arising out of or in connection with, or relating to (i) any use or occupation of the Land by Grantee or any its officers, directors, agents, servants, employees, contractors, or subcontractors; (ii) any condition of the Land or any condition of the structures, equipment, facilities, or other improvements situated on or under the Land; (iii) any use or occupation of the lands burdened by the Temporary Construction Easement by Grantee or any of its officers, directors, agents, servants, employees, contractors, or subcontractors; (iv) any condition of the lands burdened by the Temporary Construction Easement or any condition of the structures, equipment, facilities, or other improvements situated on or under the lands burdened by the Temporary Construction Easement; (v) the construction, installation, reconstruction, reinstallation, operation, maintenance, inspection, alteration, replacement, repair, relocation within the Easement or removal of any of the Facilities; (vi) any damage to or destruction of any of the Facilities from any cause whatsoever; and (vii) any removal or relocation of the Facilities, in whose or in part, that may he required in connection with the operation of the Fort Worth Floodway. This release extends to and includes any and all claims for bodily injury, death, sickness, disease, property damage or destruction, consequential damage, or economic loss caused to or suffered by any person or property.. including Grantee, and Grantee's agents, servants, employees, contractors, successors or assigns, or any other person or entity. This release shall survive termination of the Easement. -4- 13. Prohibition on Assignment. This Agreement may not he assigned by Grantee, in whole or in part, without the prior written consent of Grantor. Any purported assignment without such written consent shall be void and of no force or effect. 14. Acceptance of Age ecrnent. By signing this Agreement. Grantee has agreed to and accepted the terms, conditions, benefits, and obligations contained herein. Grantor has agreed to grant the Easement in reliance upon Grantee's representation that Grantee agrees to and accepts the terms, conditions, benefits, and obligations contained herein. 15. Binding Effect The terms and provisions of this Agreement shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns and shall be covenants running with the land. 16. Entire Agreement. This A.grcerncnt contains all of the agreements between the parties respecting the subject matter hereof and no prior representations or statements, verbal or written, have been made modifying; adding to, or changing the tcnns of this instrument. 17. Amendrnents. No amendments, modifications, or revisions of this Agreement shall be effective unless made in writing, dated subsequent to the date hereof, and signed by the parties hereto or their respective successors or assigns. TO HAVE AND TO HOLD the Easement, together with all and singular the rights and appurtenances thereto in anywise belonging, subject to the Permitted Exceptions and all other terms and conditions stated herein, unto Grantee, its successors and permitted assigns, for so long as the Easement is used for the purposes stated herein, and upon cessation of such use, all rights, titles, and interests vesting in Grantee, its successors and permitted assigns, by virtue hereof shall automatically cease and determine. Grantor does hereby bind itself, its successors and assigns, to WARRANT AND DEFEND all and singular the Easement unto Grantee, its successors and permitted assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof; by, through, or under Grantor, but not otherwise, subject, however, to the Permitted Exceptions, the automatic right of reverter and all other terms and conditions stated herein. EXECUTED this 1 * day of- ueu er, 2011. GRAN TOR: TARRANT REGIONAL WATER DISTRICT, a Water Control and Improvement District R. Steve Christian Real Property Director -5- APHID/Fp- TO F/C( RM AND LEGALITY: CITY STATE OF TEXAS COUNTY OF TARRANT GRANTEE: CITY OF FORT WORTH, TEXAS By:�� Printed Name: 1°rrm 6 ../ eletFY The foregoing instrument was acknowledged before me on this ... day of Vt41.14o. 2011, by R. Steve Christian, Real Property Director of Tarrant Regional Water District, a Water Control and Improvement District, on behalf of said District. `y�4ttitittlt/d;�� 44- d y r s R 4 Ma it w *_w f , E. as- a -.. 6 a a �`�! ��i^��'SfeC[y; soya �.s'S .i STATE OF y .ca 0104 0 COUNTY OF TARRANT Notary Public, State of Texas Printed Name: gt B�}. t Yr i t My Commission Expires: 31771 2017 The foregoing instrument was acknowledged before me on this tom- day of November, 2011, by /j/'f":* 4,/ , 14„5343-, -=},,. 'i 'Afoureterbf the City of Fort Worth, Texas, a municipal corporation, on behalf of said City. (2V01,itA. DANIELS ti; �; ,;ta;,, .E(PP 8 i 1 "i, �', ,if ' Notary Public, Stafe of Texas Printed Narne: e V aA//4.. gr., s My. Commission Expires ...fi.:'.1T >':,.7RWEYCIrYFIAAStunn Didin Inasements,Srutt Ss:nsxt:Siurinw-ate Drainugu Easement (Scutt Sunset) i 3.doc EXHIBIT A DRAINAGE EASEMENT A strip of land, being a portion of Tract 2-CK. Block 12, Rivercrest Addition, an addition to the City of Fort Worth, Tarrant County, Texas, shown by plat recorded in Volume 388-1, Page 115, Plat Records of Tarrant County, Texas, conveyed to the Water Cantrul and Improvement District Number One by deed recorded in Volume 4022, Page 579, Deed Records of Tarrant County, Texas. said strip of land being more particularly described by metes and bounds as follows' COMMENCING at a 112 inch iron rod with cap stamped `8rittain & Crawford', found at the northwest comer of Lot 2A of said Block 12, on the south line of Block 13, Rivercrest, shown by plat recorded in Volume 310, Page 91, of said Plat Records. said point being an the east right-of-way line of Nursery Lane (variable width right-of-way); Thence East, with the common line of saki Blocks 12 and 13, a distance of 150.00 feet to the northeast comer of said Lot 2A, same being the northwest corner of said Tract 2-CK; Thence South 00'07'56" East, a distance of 147.50 feet to a point on the west line of said Tract 2-CK, same being the east Tine of Lot 28R, Block 12, Rivercrest Addition, an addition to the City of Fort Worth, Tarrant County, Texas, shown by plat recorded in Cabinet B, Slide 1580, of said Plat Records, at the POINT OF BEGINNING for the strip of land herein described; Thence East. a distance of 3.81 feet to a point for corner, Thence South 45'00'00" East, a distance of 114.66 feet to a point for comer: Thence South 75`06'54" East, a distance of 203.02 feet to a point for corner; Thence North 14''53'06" East, a distance of 17.50 feet to a point for corner; Thence South 75'06'54" East, a distance of 60.00 feet to a point for corner; Thence South 14`53'06" West, a distance of 55.00 feet to a point for corner; Thence North 75`06'54' West, a distance of 60.00 feet to a point for corner; Thence North 14'53'06' East, a distance of 17.50 feet to a point for comer: Thence North 75°06'54" West, a distance of 208.40 feet to a point for corner; Thence North 45''00'00" West, a distance of 105.35 feet to a point for comer on the west line of said Tract 2-CK; Thence North 00'07'56"West, with said line, a distance of 24.53 feet to the POINT OF BEGINNING and containing 0.222 acre of land, more er less. t' , ifs` Lawrence E. Allee Registered Professional Land Surveyor No. 4570 Teague Nall and Perkins, Inc, February 18, 2011 LOT 10 LOT tor 2-:r M ♦.+ LOT 28R, 8'L . 12 rii•�RCRes-r A0a''J. CAB. 8, 5.1..!1.E 1580 POINT OF LI BEGINNING '. L9 RED BUD LV re.31c NOT REA00.8U LOT 2CXR, UP:. 12 RIVERCREST ADD'{. CAO. 8, SLIDE 1580 : - PPE rW!iC y�. 4ct� � r tr(1R1 T 4v1o+29 • fl z4 LOr 5-R I 1.4 ti— {LOT2t a�- LOT :J 1 Lor A I csq I CO3 I for rO A1, fortO'R NOTES 1. f 2. tntegrol ports of this survey: o. Legal Description ti..Siketch t Lowr✓x ce E. Agee, R.P.L.S. rexes'Relistroton No< 4570 if 1 February 15, 20}1 pate: i uY(_tl 1 X,i: fj %tut .LOT 21 Heorings ore bOsed on the Texce State Pions Caordfnote System, North Central Zone (NAD83). c}� EXHIBIT "B" *do a WATER CONTROL AND wPROirEMENT DIS IRICT NUMBER ONE VOL. 4022, PG. 579 0.222 ARE DRAINAGE EASEMENT 5 Og .54 "�..:29-3. 02' 5 TRACT 2-CK, BLK. 12 RIWRG'EST ADDMIION VOL. 388-1, P& /15 LINE L1, L2 L3 L4 1,6 LINE TABLE BEARING EAST S45'00'00"E 1114'53.06"E S75'06'54"E L5 S14'53'06"W I L6 N75'06'54"49 L7 I N14'53'06"E L8 I N45'00'00"W L9 I N00'07'56"w 0 50 100 200 11.1.11111111111.111.11 I SCALE: 1" = 100" DISTANCE 3.81' 114.66' 17.50' 60.00' 55.00' 60.00' 17.50' 1 05.35' 24.53` I 0.222 ACRE DRAINAGE EASEMENT A portion of Tract 2=CK, Block 12 RIVERCREST AODITI N City of Fort Worth Tarrant County, Texas MOUE + NALL AND PERKINS Civil Engineering t Surveying; Landscape Architecture 1 Planning 110L1 Macon Street Fort Word; 7X 76102 ..,--- - __ (877) 336-5/7:1 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT A strip of land, being a portion of Tract 2-CK, Block 12, Rivercrest Addition, an addition to the City of Fort Worth, Tarrant County, Texas. shown by plat recorded in Volume 388-1, Page 115, Plat Records of Tarrant County, Texas, conveyed to the Water Control and Improvement District Number One by deed recorded in Volume 4022, Page 579, Deed Records of Tarrant County, Texas, said strip of land being more particularly described by metes andbounds as follows: COMMENCING at a 112 inch iron rod with cap stamped "Brittain & Crawford", found at the northwest corner of Lot 2A of said Block 12, on the south line of Block 13, Rivercrest, shown by plat recorded in Volume 310, Page 91, of said Plat Records, said point being on the east right-of-way line of Nursery Lane (variable width right-of-way); Thence East, with the common line of said Blocks 12 and 13, a distance of 150.00 feet to the northeast corner of said Lot 2A, same being the northwest corner of said Tract 2-CK; Thence South 00°07'56' East, a distance of 117.50 feet to a point on the west line of said Tract 2-CK, same being the east line of Lot 2BR. Block 12, Rivercrest Addition, an addition to the City of Fort Worth, Tarrant County, Texas, shown by plat recorded in Cabinet B, Slide 1580 of said Plat Records, at the POINT OF BEGINNING for the strip of land herein described; Thence East, a distance of 16.31 feet to a point for corner; Thence South 45°00'00" East, a distance of 119.02 feet to a point for comer; Thence South 75°06'54" East, a distance of 194.95 feet to a point for comer; Thence South 14'53'06" West, a distance of 30.00 feet to a point for comer on the north line of a proposed drainage easement; Thence with the north line of said proposed drainage easement the following courses and distances: North 75°06'54" West, a distance of 203.02 feet to a point for comer, North 45'00'00' West, a distance of 114.66 feet to a point for corner; West, a distance of 3.81 feet to a point on the west line of said Tract 2-CK and the east Tine of said Lot 2BR: Thence North 00°07'56" West, with said line: a distance of 30.00 feet to the POINT OF BEGINNING and containing 0.224 acre of land, more or less. `1 awronce E. Aitee Registered Professional Land Surveyor No. 4570 Teague Nall and Perkins, inc. February 18, 2011 tOT 10 I LOT VI LOT LOT 2•-R CAST EXHIBIT "B" y ` LOT ?RR, BLS. 12 CAeR9. suiO4rig o } L2 POINT OF • BEGINNING tsaoo` 2A RED Bills IN. I A 6pr rU ,1, NW kr.SUAett L_ s4,, LOT 2CXR, ..LK. 12 R", `. h41AYN. CAS. B, SLIDE. 1550 ILO! 4-R l ` Sj" ,4 for 2r LOT 5-8 ---• � 3 LOT 2 N for 10-R -s I ckt LOT2E LOT <� tor 26 LOT 2N --i J NOTES: 11. Bearings ore based on the Texas State Plane Coordinate System, 1 North Central Zone (NAD83). 2. Inte Cal parts of this survey. a. Legal Oescrlptiert b. Sketch Lawrence E. Met, Texoa Registration No. 4570 tebru ry 18, 201 t '.F rn1.^.t33'•;ad\sw- s WATER CONTROL AN0 IMPROVEMENT DISTRICT NJt4BER ONE VOL 4022, PC. 579 0.224 ACRE TEMPORARY CONSTRUCTION EASEMENT sn ` to TRACT 2-CK, BLK. 12 R/VERCREST ADDMON t�OL_ J88-1, Pa 115 0 50 100 200 SCAL E: 1,. 100' LINE LI L2 L3 L4 LINE TABLE BEARING DISTANCE N00"07'56"W 30.00' EAST 18.31' S14'53'06"W 30.00' WEST I 3.81' 0.224 ACRE TEMPORARY CONSTRUCTION EASEMENT A portion of Tract 2—CK, Block 12 RIVERCREST ADDITION City of Fort Worth Tarrant County, Texas 10B NO. FTW10133 TAU' NALL AND PERKINS Civil Engineering I Surveying I Landscape Architecture I Planning fret . 1100 Macon Street Port Worth 7' 76102 iratv 2c< (8J7) 336-5773_ Easements not Acquired at Bid Advertisement See Supplementary Conditions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 EXHIBIT A DRAINAGE EASEMENT A strip of land, being a portion of Lot 1-R, Block 3, Deavers Addition, an addition to the City of Fort Worth, Tarrant County, Texas, shown by plat recorded in Cabinet B, Slide 1574, Plat Records of Tarrant County, Texas, conveyed to Western Related Properties, L.L.C. by deed recorded as Instrument No. D208036030, Deed Records of Tarrant County, Texas, said strip of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod with cap stamped "Grant Eng. R.P.L.S. 4151", found at the southeast corner of said Lot 1-R, and the northeast corner of Lot 2- R, in said Block 3, said point being on the west right-of-way line of Nursery Lane (variable width right-of-way); Thence North 89°42'10" West, with the common line of said Lot 1-R and Lot 2-R, a distance of 211.04 feet to a point for corner; Thence North 45°00'00" West, a distance of 18.78 feet to a point on the west line of said Lot 1-R, same being the east line of Lot 2, Block 2, Deavers Addition, an addition to the City of Fort Worth, Tarrant County, Texas, shown by plat recorded in Volume 1764, Page 290, of said Plat Records; Thence North, along said line, a distance of 40.60 feet to a point for corner on the common line of said Lot 1-R and Lot 1 of said Block 2, from which a 1/2 inch iron rod with cap stamped "Grant Eng. R.P.L.S. 4151" found at the northwest corner of said Lot 1-R bears North, 30.09 feet; Thence East, a distance of 7.41 feet to a point for corner; Thence South 45°00'00" East, a distance of 17.81 feet to a point for corner; Thence South, a distance of 21.31 feet to a point for corner; Thence South 89°42'10" East, a distance of 204.31 feet to a point on the east line of said Lot 1-R, same being the west right-of-way line of said Nursery Lane; Thence South, along said right-of-way line, a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.115 acre of land, more or less. Preliminary, this document shall not be recorded For any purpose. Lawrence E. Allee Registered Professional Land Surveyor No. 4570 Teague Nall and Perkins, Inc. February 18, 2011 DEAVERS L? (50' R. 0. W.) LOT 30 LOT 29 a � LOT 28 LOT 27 SUNSET RIDGE VOL. 1861, PG. 527 Preliminary, this document shall not be recorded for any purpose. Lawrence E. AIIee, R.P.L.S. Texas Registration No. 4570 February 18, 2011 Dote: LOT 44 LOT 1 LOT 2 LOT 3 DEAVERS ADDITION VOL. 1764, PG. 290 `L _J.: LOT 4 NOTES: EXHIBIT "B" LOT 12 THE RIDGE VOL. 1316, PG 1 WESTERN RELATED PROPERTIES, L.L.C. INST NO. D208036030 LOT 1 S89'42'10"E 204.31' o �\ N89'42'10"W 211.04' N ! 0.115 ACRE 'S DRAINAGE EASEMENT LOT 2—R DEAVERS ADDITION CAB. B, SLIDE 1574 LINE TABLE UNE BEARING DISTANCE L1 N45'00'00-W 18.78' L2 NORTH 40.60' L3 EAST 7.41' L4 S45'00'00'E 17.81' L5 SOUTH 21.31' L6 SOUTH Z0.00' 1. Bearings are based on the Texas State Pione Coordinate System, North Central Zone (NAD83). 2. Integral ports of this survey. o. Legol Description b. Sketch 0 25 50 JOB NO. FTW10133 SCALE: POINT OF to BEGINNING ee'y I `' LOT 3—R e?`' P. G. = 50' RIVERCREST ADDII7AN VOL. 388-4, PG. 455 eO P o G l RI W=RCREST ADDI770N VOL. 388-1, PG. 115 LOT 2A LOT 2BR, BLK. 12 RIVERCREST ADD'N. ICAB. B, SLIDE 1580 G�eF (30' Airy RED BUD LN. yt"PIPE FND LOT 2CXR, BLK. 12 RIVERCREST ADD'N. CAB. B, SLIDE 1580 0.115 ACRE DRAINAGE EASEMENT A portion of Lot 1 R, Block 3 DEAVERS ADDITION City of Fort Worth Tarrant County, Texas L:\PROJECTS\FTW10133\cad\survey\DE LIR B3.dwq 100 EXHIBIT A TEMPORARY CONSTRUCTION EASEMENT A strip of land, being a portion of Lot 1-R, Block 3, Deavers Addition, an addition to the City of Fort Worth, Tarrant County, Texas, shown by plat recorded in Cabinet B, Slide 1574, Plat Records of Tarrant County, Texas, conveyed to Western Related Properties, L.L.C. by deed recorded as Instrument No. D208036030, Deed Records of Tarrant County, Texas, said strip of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod with cap stamped "Grant Eng. R.P.L.S. 4151", found at the southeast corner of said Lot 1-R and the northeast corner of Lot 2-R, in said Block 3, said point being on the west right-of-way line of Nursery Lane (variable width right-of-way); Thence North, with said right-of-way line, a distance of 20.00 feet to a point on the north line of a proposed drainage easement for the POINT OF BEGINNING of the strip of land herein described; Thence with the north line of said proposed easement the following courses and distances: North 89°42'10" West, a distance of 204.31 feet to a point for corner; North, a distance of 21.31 feet to a point for corner; North 45°00'00" West, a distance of 17.81 feet to a point for corner; West, a distance of 7.41 feet to a point on the west line of said Lot 1-R, same being the east line of Lot 1, Block 2, Deavers Addition, an addition to the City of Fort Worth, Tarrant County, Texas, shown by plat recorded in Volume 1764, Page 290, of said Plat Records; Thence North, along said line, a distance of 20.00 feet to a point for corner; Thence East, a distance of 15.69 feet to a point for corner; Thence South 45°00'00" East, a distance of 48.17 feet to a point for corner; Thence South 89°42'10" East, a distance of 174.56 feet to a point on the east line of said Lot 1-R, same being the west right-of-way line of said Nursery Lane; Thence South, along said right-of-way line, a distance of 20.00 feet to the POINT OF BEGINNING and containing 0.115 acre of land, more or less. Preliminary, this document shall not be recorded For any purpose. Lawrence E. Allee Registered Professional Land Surveyor No. 4570 Teague Nall and Perkins, Inc. February 18, 2011 DEAVERS LN. (50' R.O.W.) LOT 30 LOT 29 LOT 28 SUNSET RIDGE VOL. 1861, PG. 527 LOT 44 LOT 27 Preliminary, this document shall not be recorded for any purpose. Lawrence E. Allee, R.P.L.S. Texas Registration No. 4570 February 18, 2011 Date: EXHIBIT "B" h` � LOT 12 e- eS \\te- NO41N 10.09' THE RIDGE VOL. 1316, Pa 1 WESTERN RELATED LOT 1 -' <6' o LOT 1-R PROPERTIES, L.L.C. N € ., INST. NO. D208036030 S89'42'10"E 174.56' LOT 2 Lor 3 DEAVERS ADDITION VOL. 1764, PG. 290 0��' LOT 4 JOB NO. FTW10133 NOTES: LINE L1 L2 L3 L4 L5 L6 L7 ��r B G/nm7NG N89'42'10"W 204.31' PROPOSED DRAINAGE EASEMENT N041712000l \ POINT OF 0.115 ACRE TEMPORARY CONSTRUCTION EASEMENT LOT 2-R DEAVERS ADDITION CAB. B, SLIDE 1574 LINE TABLE BEARING NORTH N45'00'00-W WEST NORTH EAST S45'00'00"E SOUTH 1. Bearings are based on the Texas State Plane Coordinate System, A portion of North Central Zone (NAD83). Lot 1 R, Block 3 2. Integral ports of this survey. 0 25 50 100 DEAVERS ADDITION a. Legal Description b. Sketch DISTANCE 21.31' 17.81' 7.41' 20.00' 15.69' 48.17' 20,00' COMMENCING \ Q��h Gx Q-P \tiQ`' LOT 3-R GAP 0.115 RIVERCREST ADDITION VOL. 388-4, PG. 455 e. o QP RIVERCREST ADD/TON zd VOL. 388-1, PG. 115 LOT 2A 0 i LOT 2BR, BLK. 12 RIVERCREST ADD'N. ICAB. B, SLIDE 1580 (30' \ti RED BUD LN. 1'PIPE FND LOT 2CXR, BLK. 12 RIVERCREST ADD'N. CAB. B, SLIDE 1580 TEMPORARY CONSTRUCTION EASEMENT 111111181111111111 City of Fort Worth L:\PROJECTS\FTW10133\cad\survey\TCE L"IR 83.dwg SCALE: 1" = 50' Tarrant County, Texas GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 GC-4.04 Underground Facilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 GC-4.06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 GC-6.06.D Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 WORTH I' nCz@"_st:tf r d m [. Business: Ent etI_.=ttsl Spc�_ifi..C-'l.:o!'2s SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the MNNBE goal is applicable. If the total dollar value of the contract is less than $25,000, the MNVBE goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (MIWBE) in the procurement of all goods and services to the City on a contractual basis. All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. The City's M(WBE goal on this project is M/WBE PROJECT GOALS 18 COMPLIANCE TO_ BID.SPECIFICATIONS. % of the total bid (Base bid applies to Parks and Cornmunity SerMices). On City contracts of $25,000 or more; bidders are required to comply with the intent of the City's M/1NBE Ordinance by either of the following: 1. Meet or exceed the ebovs stated MU'NBE goal, or n. Good Faith Effort documentation; or; 3. Waiver:documentation, or; 4. Joint Venture: SUBMITTAOF R LEQUIRED1-DOCUMENTATION The applicable documents must be received bythe Managing Department,. within the -.following times allocated, in order for.the entire bictta be considered responsive. to the.specifications-. lie C?fferor's l: delive t# "e I+IV ;B doe � e tatlor 4>C•7?-41 ..V �rC,-s-; __ ..f:. 7 �_ - .. J:;;_ct,Y:�'` �'. ==-?A-�`-": ^h _C: tf. jy;;...;s ._s'r c`A " ,_ erso '-o '' e a "so at e>rt la ee' of Fite mana 'iri +vase - a tine t and otitatri°� datethk e°��cet : �_.� _.r inz pro ... rPN PP P:: Y ,,,,. 9._ g _ :1?._ a , n Saftf e 6Th . slrta[f- 4 `si 4 :�c,i. t 'e:docu""e at o 5e'=evicli rice5.ttiatthe Ct. >tea' _ m t t n;i ttae timeallocatsd.,,> r ixedxco =will n:ot beta,,- fed 1. Subcontractor Utilization. Form, if goal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form, if participation is less than stated goal: 3. Good Faith Effort and Subcontractor Utilization Form, if no M/WBE participation: 4. Prime Contractor Waiver Form, if you will perform all subcontracting/supplier work: 5. Joint Venture Form, if utilize a joint venture to met or exceed goal. received by 5:00 p.m., five (5) City business days after the bid opening date; exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five .(5) City business days after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S M.WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE TO SPECIFICATIONS —1 Any questions, please contact the !VI'NBE Office a.! I817) 392-5104. 2 O'i WO R T H City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Jackson Construction, Ltd PROJECT NAME: Scott -Sunset Drainage Improvements City's MJWBE Project Goal: 18 % Prime's M/WBE Project Utilization: ..i,^•�_;;i�;EN 1A of Check applicable block to describe prime MAN/DBE NON-MAMDBE xl BID DATE nh /1 &.,/7n17 PROJECT NUMBER 00628 Identify all subcontractors/suppliers you will use on this project Failure to complete. This form, in its entirety with requested. documentation, and received by the Managing Department on or before 5_QO.p.m. five (5) City business days- after bid..opening, exclusive of.bid opening date, - will result in the bid being. considered non -responsive to bid'specifications. The undersigned. Offeror agrees: to enter into a fortnal agreement with the M/WBE firm(s) listed in this utilization schedule; conditioned upon execution of a contract with the .City- of Fort Worth, The intentional and/or knowing misrepresentation' of facts'is-grounds for. consideration_ of disqualification and will result in the - bid being considered non -responsive to bid-specifications- M/WBEs listed toward meeting the project goal must be located in the nine (9) county ;marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas; Denton, Ellis, Kaufman and Rockwall.counties. Identify each Tier level: Tier is the level of subcontracting below- the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a: subcontractor to its supplier is considered 2nd tier ALL MJWBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time. of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business Enterprise (DBE) is synonymous with MinorityNVomen Business Enterprise (MPWBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The ivMIWBE may lease trucks from another M/VVBE firm, including MIWBE owner -operators, and receive full MA'S=BE credit. The M/WBE may lease trucks from non-MiW8Es, including owner -operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. ":; 3Cro3 Pf! required Ici identity ALL su bcr,niicciccsjsupnii ..r _ "_e rviess of status; i.e,., Minority, :foi e.n and non-MA/V:Es. Please list MiV'JBE firms first, use additional sheets if necessary. SUBCONTRACTOR/SUPPLIER Company Name Address Telephone/Fax e r Certification (check one) M VI B 8 F F N c R c A JM Materials PO Box 199 Alvord, TX 76225 940-427-2033 940-427-2789 1 X - 4 0 0 Detail Detail M Subcontracting Work Supplies Purchased Dollar Amount 8 0 Rock $23,082.57 JM Materials PO Box 199 Alvord, TX 76225 940-427-2033 940-427-2789 1 X Sand ,1260.41 JM Materials PO Box 199 Alvord, TX 76225 940-427-2033 940-427-2789 1 X JM Materials PO Box 199 Alvord, TX 76225 940-427-2033 940-427-2789 MMG Building & Construction PO Box 1298 Hurst, TX 76053 317-510-0490 317-510-0495 C. Green Scaping 2401 Hardley Ederville :?ort Worth, TX 76118 817-577-9299. 817-577-9331 - I Seeding & Grassing Hauling by Dump Truck $12,941.63 Recycled Base $1,341.62 Portable Toilets $525.02 $7,557.90 WO RT Primes are', required to ientii-y ALL subcontra'ctorsIsupplie.rs, regardless of status; i.e., Minority, Wornen and non-M/016'Es. Please iist NIMBE firms first, use additional sheets if necessary. SUBCONTRACTOR/SUPPLIER Company Name Address Telephone/Fax T e Certification (check onE...,) M W 8 B E E c R c A -I 0 0 >< --I 0 Detail Detail M Subcontractina Wori Buyers Barricades 3705 E. lst Street Ft. Worth, TX 76111 817-535-3939 817-831-7171 1 X Barricades Magnum Manholes & Underground Co. 428 N. First St. Garland, TX 75040 972-276-2048 972-276-5318 1 X Hanson Pipe & Precast PO Box 842481 Dalls, TX 75284 972-653-5678 972-264-6236 Camera/TV Inspection Supplies Purchased Dollar Amount $6,455.00 $1,188.45 Pipe and Pipe Fitting $19,213.19 Southern Star Concrete, Inc. PO Box 961094 Ft. Worth, TX 76161 972-621-0345 Concrete 972-621-3353 Redi-Mix $10,799.63 Texas Water Products PO Box 8543 Ft. Worth, TX 76124 817-457-9988 817-654-2007 Geotechnical Supply 1 Coffin Ave New Bedford, MA 02746 800-770-2666 617-965-0097 Pipe and Pipe Fittings $72,661.21 SWPPP $5,250.00 Pi•;ME aFe requree to tdenfity ALL subcontraclorsisuppliers, '-...,eardless of status: i.e., Minorily V...lorfier; snd non-MANBEs. Please list MANBE firms first, use additional sheets if necessary. SUBCONTRACTOR/SUPPLIER Company Narne Address TelephonelFax r Certification (check one) M W B B F E N R c A -I 0 0 >< --i 0 fl Detail Detail NI Subcontracting Work Supplies Purchased Dollar Amount w B E i BMP, Inc. 53 Mt. Archer Rd. Lyme, CT 06371 800-504-8008 Pipe and 860-434-3195 X Pipe Fittings $5,914.26 Shinn & Gregory PO Box 344 Stephenville, TX 76401 254-965-7585 Barnsco PO Box 541087 Dallas, TX 75354 214-352-9091 214-550-2732 X X Storm Water Mgmt. PO Box 16404 Ft. Worth, TX 76162 817-975-9307 866-228-1586 X SWPPP US Tren-Tech, LLC 828 Howell Dr. Coppell, TX 75019 972-304-2171 972-304-2171 Reynolds Asphalt PO Box 370 Euless, TX 76039 817-267-3131 817-267-1878 • X Trench Safety Design Pier Drilling $80,000.00 Rebar Supply $4,018.98 $980.50 4500.00 X HMAC .$8,635.00 Company Name 5112 Sun Valley Drive Address FORT WORTH Total Dollar Amount of M/WBE Subcontractors/Suppliers Total Dollar Amount of Non-MWWBE Subcontractors/Suppliers $53,352.60 $.207,972.77 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 261,325.37 ATTACHMENT 1A Page 4 of 4 The Contractor will not make additions, deletions, or substitutions tothis certified list without the prior approval of the Minority. and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval. of ChangelAciditiorl.: Any unjustified change or deletion shall be. a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the: requested change/addition or deletion will affect the committed M/rNBE-goal. If the detail explanation is not submitted, it will affect the final compliance determination: By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed. by all .subcontractors, including MAN/DBE(s): arrangements, submitted with the. bid..- The: Offeror also agrees tOr allow an audit' and/or - examination of any books, records and. files held by- their company.. The bidder agrees: to allow the. transmission of interviews: with owners:, principals; officers; employees. and applicable- subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the MAW/DBE(s) on this contract, by an authorized officer: or employee of the City. Any intent -mat and/or knowing misrepresentation of facts.will be grounds for terminating the contract or debarment from City work for a period. of not less. -than three (.3)-years- and for initiating action under Federal, State or Local -laws. concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time. not less than one (1) year. • Troy L. Jackson Authorized Sic attire / Printed Signature Vice -President of JCI Partners, Inc., General Partner Title Contact Name/Title (if different) Jackson Construction, Ltd 817-572-3303 S17-478-04LR Telephone and/or Fax E-mail Address Ft. Worth, TX 76119 6/21/2012 Cit /Stets{Zip Date _ /30/03 FORT WOWORTH City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Jackson Construction, Ltd PROJECT NAME: Scott -Sunset Drainage Improvements City's M/WBE Project Goal: 18 % PROJECT NUMBER 00628 ATTACHMENT 16 Page .l of I Check applicable block to describe prime M/W/DBE X NON-MAN/DBE BiD DATE 06/14/2012 if both answers to this form are YES, do not complete ATTACHMENT 1C(Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT IC. This form is only applicable if both answers are yes. Failure to complete this form ire its entiretyand: be receivedby_ the Managing Department on or before, 5:00 p.m., five (5) City business days after bid opening exclusive of the bidopening date, will.result.in the bid -being .considerecl.non-responsive.to bidspecifications: Vitt you perform this: entire contract without subcontractors? If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. X YES NO YES NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MIWBE(s) on this contract, the payment therefore and any proposed changes to the original MM/BE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/WBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not Tess than one (1) year. Authorized Sign ure Vice -President of JCI Title Trot/ L.,Tarkenn Printed Signature Partners, Inc., General Partner Contact Name (if diiferent) Jackson Construction, _Ltd Company Name 5112 Sim Va 1 l ey TLr_i ve Address TX 76119 817-572-3303 817-478-0443 Phone Number Fax Number Email Address Date 0o/ 21/ 2012 5/3Q1 i3 FORT WORTH PRIME COMPANY NAME: Jackson Construction, Ltd PROJECT NAME: Scott -Sunset Drainage Improvements City's WWBE Project Goal: 18 % ATT1.1_,I-HMENT 1(3 Page 1 of 3 City of Fort Worth Good Faith Effort Form Check applicable block to describe prime M/W/DBE NON-MAN/DBE BID DATE 06/14/2012 PROJECT NUMBER 00628 If you have failed to secure M/VVBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/IAIBE goal is based upon demonstration of a "good faith effort"; the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional andlor knowing misrepresentation the facts or intentional discrimination by the bidder. Fail -tire to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City: business days after bid opening, exclusive of bid Opening date, will result in the bid being considered non -responsive to bid specifieations. 1.) Please list each and every subcontracting and/or supplier opportunity), for the completion of this project, regardless of whether it is to be provided by a MIME or non-MIWBE. (DO NOT LIST NAMES OF FIRMS) Ott Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier.. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Seeding and Grassing Barricades Camera/TV Inspection Pier Drill-inc., SWPPP Concrete Red —Mix Pipe and Pipe Fittings Portable Toilets Rock Sand Hauling by Dump Truck Recycled Base Rebar HMAC Rev. f.1.1=.3130/0:t ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M.fWBE subcontractors and/or suppliers from the City's MII BE Office. X Yes Date of Listing 05 / 01 /2012 No 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? X Yes (If yes, attach M"WBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at (east ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? X Yes (if yes, attach list to include name of M/WBE firm, person contacted, phone number and date and time of contact) No - NOTE: A facsimile may be used to comply with either 3 or 4, but may -not be -used -for both: If a facsimile is- used,: attach the fax confirmation, which is to: provide M/WBE name] date; time, fax number and documentation faxed, - NOTE: If the list: of MIWBEs- for a particular subcontracting/supplier opportunity is ten (1.0) or less,. the bidder must contact the entire- list to be in compliance with questions 3. and -4. If -the- list of-M/WBEs:for a particular subcontracting/supplier opportunity is ten (10) or more, the- bidder must.contact at (east tvlo7 thirds (2/3) of the list within such area. of opportunity; but not less than ten: to be- in compliance: with questions-3 and.4. S.) Did you provide plans and specifications to potential MIWBEs or information regarding the location of plans and specifications in order to assist the MIWBEs? Yes X No 6.) Submit documentation if M/WBE quotes were rejected. The docurnentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M /WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in -camera access to and inspection of any relevant documentation by City personnel. (please use additional sheets, if necessary, and attach) ----- -- --- ----------- Company Name Telephone I Contact Person j Scope of Work -Reason for Rejection &H Concrete Cu .(a) Isaac Hill !ConcreteCut. Self I Yertormea ATTACHMENT 1C Page 3 of ADDITIONAL INFORMATION: Please provide additional information you feet will further explain your good and honest efforts to obtain MANSE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposedchanges to the original arrangements submitted with this bid. The bidder also agrees to allowan audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be: grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the MIWBE(s) listed was/were contacted in good faith. It is understood that any M/WBE(s) listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office Authorized Signature Troy L. Jackson Printed Signature Vire—President of ,TOT Partners, Inr _ - General Partner Contact Name and Title (if different) Title Jackson Construction. Ltd 817-572-3303 81 7-478-0443 Phone Number Fax Number Company Name 51 1 7 inn Valley T)ri ye Address Email Address Fort Worth, TX 76119 06_121/2012 City;vi.a�%�ir Z p Date .s,i : FOR T WORTH Name of City project: CITY OF FORT WORTH Joint Venture Eligibility Form All questions Hurst be answered; use "NA" if applicable. Scott -Sunset Drainage Improvements A joint venture form must be completed on each project RFP/B i d/Purchasing Number: 1. Joint venture infok tuation: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Cellular Facsimile: E-mail address: Identify the firms that comprise the joi venture: Please attach extra sheets if additionl space is required to provide detailed explan...ns of work to be performed by each firm comprising the joint venture M/WBE firm — Non- )' BE name: firm ame:. Business Address: B ess Address: Joint Venture Page i of i City, State, Zip: Telephone Facsimile E-mail Cellular Certification Status: Name of Certifying Agency: 2. Scope of work performedy the Joint Venture: Describe the scope of work oflthe M/WBE: / City, State, Zip: Telephone Cellular E-mail address Facsimile Describe the scope of work of the non-MJWBE: 5130103 Joint Venture Page 2 of 3. What is the percentage of NI/WEE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this information is described in nt venture agreement) Profit and loss sharing: Capital contributions, including equipment: Other applicable ownership interests: 6. Identify by name, race, sex and firm those individfals (with titles) who are responsible for the day-to-day management and decision making of the joint ven re: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating b. Marketing and Sales c. Hiring and Firing of manage -n personnel d. Purchasing of major equipment and/or supplies Supervision of field operatio The City's Minor] and Women Business Enterprise Office will review your joint venture submission and will have final a royal of the MTWBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award; if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's MM/BE Ordinance. .Joint Venture Page 3 of 3 AFFIDAV 11 The undersigned affirms that the foregoing statements are true and correct and include all material_ information necessary to identify and explain the terms and operation of the joint venture. Furthet more, the undersig ed shall agree to provide to the joint venture the stated scope of work, decision -making responsibilities anpayments herein. The City also reserves the right to request any additional information deemed necessary to de -rmine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time .ecified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination o` We books, records and files of the joint venture by any authorized representatives of the City of Fort Worth Failure to comply with this provision shall result in the termination of any contract, which may be awarded nder the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Loclaws/ordinances concerning false statements or willful misrepresentation of facts. Name of M/WBE firm Name of non-M/WB.- firm Printed Name of Owner Printed Nam • f Owner Signature of Owner Sign.. eofOwner Printed Name of Owner inted Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of County of On this day of , 20 , before me appeared and to me personally k .own and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly author d to execute this affidavit and did so as their free act and deed. Notary Pub 'c Print Name NotaryPublic signaru'.e rn Ssion GC-6.07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 7/8/2008 DATE: Tuesday, July 08, 2008 LOG NAME: 30WAGE RATES REFERENCE NO.: **G-16190 SUBJECT: Adopt 2008 Prevailing Wage Rates for City -Awarded Public -Works Projects RECOMMENDATION: It is recommended that the City Council adopt the attached 2008 Prevailing Wage Rates for City -awarded public works projects. DISCUSSION: Texas Government Code Chapter 2258 requires that a public body awarding a contract for public works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract, and shall specify In the bid documents and in the contract the prevailing wage rates in that locality. Each year The Quoin Chapter of the Associated General Contractors, in conjunction with the Association of Builders and Contractors (ABC) and the American Sub -Contractors Association (ASA), conducts a wage rate survey for North Texas construction. The attached 2008 Prevailing Wage Rate data was compiled from that survey. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manaaer's Office by: Fernando Costa (8476) Oriainatina Department Head: A. Douglas Rademaker (6157) Additional Information Contact: Eric Bundy (7598) HEAVY & HIGHWAY CONSTRUCTION PREVAILING WAGE RATES 2008 Air Tool Operator Asphalt Distributor Operator Asphalt Paving Machine Operator Asphalt Raker Asphalt Shoveler Batching Plant Weigher Broom or Sweeper Operator Bulldozer Operator Carpenter Concrete Finisher, Paving Concrete Finisher, Structures Concrete Paving Curbing Machine Operator Concrete Paving Finishing Machine Operator Concrete Paving Joint Sealer Operator Concrete paving Saw Operator Concrete Paving Spreader Operator Concrete Rubber Crane, Clamshell, Backhoe, Derrick, Dragline, Shovel Operator Electrician Flagger Form Builder/Setter, Structures Form Setter, Paving & Curb Foundation Drill Operator, Crawler Mounted Foundation Drill Operator, Truck Mounted Front End Loader Operator Laborer, Common Laborer, Utility Mechanic Milling Machine Operator, Fine Grade Mixer Operator Motor Grader Operator, Fine Grade Motor Grader Operator, Rough Oiler Painter, Structures Pavement Marking Machine Operator Pipelayer Reinforcing Steel Setter, Paving Reinforcing Steel Setter, Structure Roller Operator, Pneumatic, Self -Propelled Roller Operator, Steel Wheel, Flat Wheel/Tamping Roller Operator, Steel Wheel, Plant Mix Pavement Scraper Operator Servicer Slip Form Machine Operator Spreader Box Operator Tractor Operator, Crawler Type Tractor Operator, Pneumatic Traveling Mixer Operator Truck Driver, Lowboy -Float Truck Driver, Single Axle, Heavy Truck Driver, Single Axle, Light Truck Driver, Tandem Axle, Semi -Trailer Truck Driver, Transit -Mix Wagon Drill, Boring Machine, Post Hole Driller Operator Welder Work Zone Barricade Servicer $10.06 $13.99 $12.78 $11.01 $ 8.80 $14.15 $ 9.88 $13.22 $12.80 $12.85 $13.27 $12.00 $ 1 3.63 $12,50 $13.56 $14.50 $10.61 $14.12 $18.12 $ 8.43 $11.63 $11.83 $13.67 $16.30 $12.62 $ 9.18 $10.65 $16.97 $11.83 $11.58 $15.20 $14.50 $14.98 $13.17 $10.04 $11.04 $14.86 $16.29 $11.07 $10.92 $11.28 $11.42 $12.32 $12.33 $10.92 $12.60 $12.91 $12.03 $14.93 $11.47 $ 1 0.91 $11.75 $12.08 $14.00 $13.57 $10.09 Classification AC Mechanic AC Mechanic Helper Acoustical Ceiling Mechanic Bricklayer/Stone Mason Bricklayer/Stone Mason Helper Carpenter Carpenter Helper Concrete Finisher Concrete Form Builder Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Helper Electrician (Journeyman) Electrician Helper Electronic Technician Electronic Technician Helper Floor Layer (Resilient) Floor Layer Helper Glazier Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled Lather Painter Painter Helper Pipefitter Pipefitter Helper Plasterer Plasterer Helper 2008 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Hrly Rate $21.69 $12.00 $15.24 $19.12 $10,10 $16.23 $11.91 $13.49 $13.12 $14.62 $10.91 $13.00 $9.00 $20.20 Classification Plumber Plumber Helper Reinforcing Steel Setter Roofer Roofer Helper Sheet Metal Worker Sheet Metal Worker Helper Sprinkler System Installer Sprinkler System Installer Helper Steel Worker Structural Concrete Pump Crane, Clamsheel, 8ackhoe, Derrick, Cline Shove! Forklift Front End Loader $14.43 Truck Driver $19.86 Welder $12.00 Welder Helper $20.00 $13.00 $18.00 $13.00 $14.78 $11.25 $10.27 $13.18 $16.10 $14.83 $8.00 $18.85 $12.83 $17.25 $12.25 Hrly Rate $20.43 S14.90 510.00 $14.00 $10.00 $16.96 $12.31 $18.00 $9.00 $17.43 $20.50 $17.76 $12.63 $10.50 $14.91 $16.06 $9.75 GC-6.09 Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 REPLY TO ATTENTION OF Operations Division Mr. Wesley Cleveland Western Division Manager Tarrant Regional Water District 1022 North Calhoun Fort Worth, Texas 76106-0508 Dear Mr. Cleveland: DEPARTMENT OF THE ARMY FORT WORTH DISTRICT, CORPS OF ENGINEERS P. O. BOX 17300 FORT WORTH, TEXAS 76102-0300 rJUL 22 2011 This is in response to a proposal requested by Mr. Dean Kuhn of your office regarding the city of Fort Worth's proposed construction of the storm water drainage facilities near the intersection of Scott Street and Sunset Lane. The location of the proposed work is on the right bank on the Upper West Fork of the Trinity River in Fort Worth, Texas. This project has been assigned Project Number SWF-2011-00160. Please include this number in all future correspondence concerning this project. Based on the review by my staff, I have determined that the proposed work will not adversely affect the functionality or the operation and maintenance of the Fort Worth Floodway and is not injurious to the public interest. The proposed work is hereby authorized pursuant to my delegated authority under 33 United States Code (USC) 408. The projects have been reviewed in accordance with Section 404 of the Clean Water Act, and Section 10 of the Rivers and Harbors Act of 1899. Under Section 404, the U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged and fill material into waters of the United States, including wetlands. The Corps' responsibility under Section 10 is to regulate any work in, or affecting, navigable waters of the United States. Based on the description of the proposed work, other information available to us, and current regulations and policy, it will not require written authorization, but is approved given the terms and conditions stated in Nationwide Permit 12 are followed. If any written confirmation of Section 404 is required, then the applicant would need to provide the information needed for written authorization. Nationwide Permit 12 may be found at: http://www.swf.usace. army.mil/pubdata/environ/regulatory/permitting/nwp/2007/07nw 12.pdf. My authorization of the work should not be considered as an approval of the design features of any activity authorized, or an implication that such construction is considered adequate for the purpose intended. It does not authorize any damage to private property, invasion of private rights, or any infringement of federal, state, or local laws or regulations. 2 Thank you for your coordination efforts that impact an important federal project, the Fort Worth Floodway. If you have any questions about the provisions in 33 USC 408, please contact Mr. Steve Dempsey, Civil Engineer, (817) 886-1607 or Mr. Mike Gilbert, Civil Engineer, (817) 886-1600. Sincerely, . Mur C•I=, US Co andin GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Scott -Sunset Drainage Improvements City Project No. 00628 Original Block - Closed Cell MAT BLOCKS CABLE AREA WEIGHT BLOCKS/MAT SPACING @ BASE SPACING @ TOP WEIGHT HEIGHT DIAMETER CONSTRUCTION BREAKING STRENGTH OPEN AREA CC 20 23 lbs.1 s.t. 64 s.f. 128 s.f. 1455 lbs. 2910 lbs. 36 CC 35 41 lbs. / s.f. 64 s1. 26201bs. 72 36 0.5 in. 4.5 in. 401bs. 2.5' LENGTH WIDTH 1/8in. 118 In. 1x19 I 1x19 21001bs. I 2100 lbs. 16'-0" 1 1 - Stainless Steel Cable is used to connect the concrete blocks within the mat. See project specifications. 2 - Gentextile material manufactured on the base of the concrete mat system. See project specifications. 40, 0.5 in. 4.5 in. 73 lbs. 4.5' LENGTH 5/32 In. 1 x19 3300 lbs. 11.5" 15.5" CC 45 CC 70 SO lbs. / s.f. 77 lbs. / s.f. 128 3.f. 64 s.f. I 128 s.f. 64 s.f. I 121331 5240lbs. 3200 lbs. I 6400 lbs. 4950 tbs. I 9900113s. 7I 36 I 72 36 I 72 0.5 in. 0.5 In. 4.5 in. 4.5 In. 89 lbs. 137 tbs. 5.5' 8.5' WIDTH LENGTH WIDTH LENGTH WIDTH 5/32 in. 5/32 in. 5/32 in. 3116 in. 5/32 in. 1 x19 1x19 1x19 1x19 1819 3300 lbs. 3300 bs. 3300 lbs. 4700 tbs. 3300 lbs. 8.2%. 2'-0" 4'47 or 8'-0" 11.5" / CC 20 CC 35 CC 45 / CC70 15.5" protect!TOI)Ay Iby building for 1OMORROW Royal Enterprises America Royal Concrete Pipe, Inc.. Royal Environmental Systems, Inc.. Royal Erosion Control Systems, L.L.C. Royal Enterprises America • 30622 Forest Blvd • P.O. Box 430 • Stacy, MN 55079 Office 651 462-1766 Fax: 651 462-6990 Toll Free: 1- 800 817- 324.0 www.royalenterprises.ne 1 Level Grade Application Grade Back -filled Trench 12" Clamps At the top of the mat system, the anchor should be placed parallel with the toe -in block. Back -filled Trench 42" At the top of the mat system, the anchor should be placed parallel with the toe -in block. EROSION CONTROL SYSTEMS. LLC. A Division of Royal Enterprises America www.royalenterprises.net protectITODAY !by building forTOMORROW/ - Clamps NOTES: - One block toe -in is minimum. Project characteristics may require multiple block toe -in. - Use of Anchors optional, depending on project specific requirements - Upstream soil to be compacted flush with top of blocks. FLOW 25° Mat End Loop \ Attached Geotextile Within mats, anchor should be placed at a 45 degree angle to the slope, angled towards the flow. Slope Application 25° Mat End Loop 45° Attached Within mats, anchor should Geotextile be placed perpendicular to the slope. Lead Edge Toe -in Typicals Standard Details P.O. Box 430 • 30622 Forest Blvd • Stacy, MN 55079 • Ph: 651.462.2130 i Plate # CC-TI1 Rev. Date: 1-30-04 SEG CONFIGURATION DETAIL 1" PVC ANTI -SIPHON PIPE ADAPTER REMOVABLE WATER❑GHT ACCESS PORT. 6"-10" OPENING �-M /OUNTING FLANGE / OUTLET PIPE (HIDDEN) FRONT VIEW SNOUT OIL -WATER -DEBRIS SEPARATOR NOTES: SIDE VIEW 1. ALL HOODS AND TRAPS FOR CATCH BASINS AND WATER QUALITY STRUCTURES SHALL BE AS MANUFACTURED BY: BEST MANAGEMENT PRODUCTS, INC. 53 MT. ARCHER RD. LYME, CT06371 (860) 434-0277, (860) 434-3195 FAX TOLL FREE: (800) 504-8008 OR (888) 434-0277 WEB SITE: www.bmpinc.com OR PRE -APPROVED EQUAL 2. ALL HOODS SHALL BE CONSTRUCTED OF A GLASS REINFORCED RESIN COMPOSITE WITH ISO GEL COAT EXTERIOR FINISH WITH A MINIMUM 0.125" LAMINATE THICKNESS. 3. ALL HOODS SHALL BE EQUIPPED WITH A WATERTIGHT ACCESS PORT, A MOUNTING FLANGE, AND AN ANTI -SIPHON VENT PIPE AND ELBOW AS DRAWN. (SEE CONFIGURATION DETAIL) 4. THE SIZE AND POSITION OF THE HOOD SHALL BE DETERMINED BY OUTLET PIPE SIZE AS PER MANUFACTURER'S RECOMMENDATION (SNOUT SIZE ALWAYS LARGER THAN PIPE SIZE). 5. THE BOTTOM OF THE HOOD SHALL EXTEND DOWNWARD A MINIMUM DISTANCE EQUAL TO 1/2 THE OUTLET PIPE DIAMETER WITH A MINIMUM DISTANCE OF 6" FOR PIPES <12" I.D. 6. THE ANTI -SIPHON VENT SHALL EXTEND ABOVE HOOD BY MINIMUM OF 3" AND A MAXIMUM OF 12" ACCORDING TO STRUCTURE CONFIGURATION. 7. THE SURFACE OF THE STRUCTURE WHERE THE HOOD IS MOUNTED SHALL BE FINISHED SMOOTH AND FREE OF LOOSE MATERIAL AND PIPE SHALL BE FINISHED FLUSH TO WALL. 8. THE HOOD SHALL BE SECURELY ATTACHED TO STRUCTURE WALL WITH 3/8' STAINLESS STEEL BOLTS AND OIL -RESISTANT GASKET AS SUPPLIED BY MANUFACTURER. (SEE INSTALLATION DETAIL) 9. INSTALLATION INSTRUCTIONS SHALL BE FURNISHED WITH MANUFACTURER SUPPLIED INSTALLATION KIT. INSTALLATION KIT SHALL INCLUDE: A. INSTALLATION INSTRUCTIONS B. PVC ANTI -SIPHON VENT PIPE AND ADAPTER C. OIL -RESISTANT CRUSHED CELL FOAM GASKET WITH PSA BACKING D. 3/8" STAINLESS STEEL BOLTS E. ANCHOR SHIELDS US Patent # 6126817 SEE NOTE" TYPICAL INSTALLATION ANTI -SIPHON DEVICE SNOUT OIL -DEBRIS HOOD OIL AND DEBRIS SOLIDS SETTLE ON - BOTTOM ,7 • 'NOTE- SUMP DEPTH OF 36- MIN. FOR < OR= 12- DIAM. OUTLET. FOR OUTLETS >OR= 15 DEPTH = 2.5-3X DIAM. INSTALLATION DETAIL DETAIL B FOAM GASKET W/ PSA BACKING --- (TRIM TO LENGTH) MOUND ANCHOR W/ BOLT FLANGE SEE DETAIL A) T 1/2 D GASKET COMPRESSED BETWEEN HOOD AND STRUCTURE (SEE DETAIL B) INSTALLATION NOTE: POSITION HOOD SUCH THAT BOTTOM FLANGE IS A DISTANCE OF 1/2 OUTLET PIPE DIAMETER (MIN.) BELOW THE PIPE INVERT. MINUMUM DISTANCE FOR PIPES < 12" I.D. IS 6". DETAIL A DRILLED ANCHOR HOLE SHIELD STAINLESS BOLT EXPANSION CONE (NARROW ENO OUT) HOOD SPECIFICATION FOR CATCH BASINS AND WATER QUALITY STRUCTURES DESCRIPTION OIL- DEBRIS HOOD SPECIFICATION AND INSTALLATION (TYPICAL) DATE 09/08/00 SCALE NONE DRAWING NUMBER SP-SN REMOVABLE WATERTIGHT INSPECTION PORT, 10" OPENING 072.00" 2.00-' - BOSS FOR OPTIONAL HATCHES C. L. 24.00" 0 FRONT 72.00" 76.00" PLAN 18.00" 2" PVC ANTI -SIPHON PIPE ADAPTER 36.00" 74.00' 72.00" 36.00" SIDE 38.00" U.S. PATENT #6126817 CANADA PATENT #2285146 BMP, INC 53 MT.ARCHER RD., LYME CT 06371 (800) 504-8008 FAX: (877) 434-3197 DESCRIPTION 72FTB SNOUT OIL & DEBRIS STOP (TOP & 2 BASES) DATE 09/01/05 SCALE NONE DRAWING NUMBER 72FTB STRUCTURE DESIGN FOR WATER QUALITY IMPROVEMENT VARIES • Ds 36.00' MIN.* (PIPES 12" ID OR LESS) Ws ° • e G RULE # 1- AT AN ABSOLUTE MINIMUM, STRUCTURE INTERNAL DIMENSIONS MUST BE AT LEAST LARGE ENOUGH TO ACCOMODATE EXTERNAL DIMENSIONS OF THE SNOUT, AND ALLOW FOR A PERSON TO INSTALL IT. REFER TO BMP, INC. CAD DETAILS FOR PART DIMENSIONS. BMP RECOMMENDS STRUCTURE WALL TO BE AT LEAST 12" WIDER THAN MAXIMUM SNOUT WIDTH. FOR TRASHSCREEN, STRUCTURE MUST BE AT LEAST 6" WIDER THAN TRASHSCREEN WIDTH. • t�s is: • ANTI -SIPHON VENT STACK SIZED ACCORDING TO TOP OF STRUCTURE OR GRATE. 3" MIN. HEIGHT. Dp OUTLET PIPE DIAMETER (1.D.) "SNOUT" OIL/DEBRIS SEPARATOR BY BMP, INC. INSTALLED PER MFG. SPECIFICATION BOTTOM OF HOOD A MIN. OF1/2 PIPE I.D. BELOW INVERT OF PIPE (6" MIN. FOR ALL PIPES < 12" 1.D.) WIDTH OF STRUCTURE RULE #2- USE ONLY "F" SERIES SNOUTS FOR RECTANGULAR OR SQUARE STRUCTURES, AVAILABLE IN 12", 18", 24", 30", 36", 48", 72" AND 96" SIZES. USE ONLY "R" SERIES SNOUTS FOR ROUND STRUCTURES, AVAILABLE IN 12", 18", 24", 30", 42", 52" AND 72" SIZES. *SUMP DEPTH (Ds)- SUMP DEPTH SHOULD BE A MINIMUM OF 36" FOR ANY NEW CONSTRUCTION FOR PIPES 12" AND LESS. FOR 15"-18" PIPE MIN. DEPTH SHOULD BE 48". OPTIMAL SIZING IS AT LEAST 2.5X TO 3X OUTLET PIPE DIAMETER (Dp) FOR MAXIMUM POLLUTANT REMOVAL EFFICIENCY AND MINIMAL CLEANOUT FREQUENCY. STRUCTURE DIMENSIONS- PLAN DIMENSIONS FOR A STRUCTURE SHOULD BE UP TO 7X AREA OF OUTLET PIPE FOR MAXIMUM POLLUTANT REMOVAL EFFICIENCY AND MINIMAL CLEANOUT FREQUENCY. FOR MANHOLES, SEE SIZING EXAMPLES BELOW FOR "R' SERIES SNOUTS. IMPORTANT NOTICE: DO NOT CONFUSE PIPE O.D W1TH PIPE 1.D. A SNOUT FITS OVER A PIPE, NOT IN IT. THUS, SNOUT MUST BE SIZED TO FIT OVER PIPE OPENING IN STRUCTURE. SNOUTS ARE AVAILABLE FOR ROUND STRUCTURES TO ACCOMODATE PIPES OF 71.9" O.D. MAX. FOR PIPES 72" O.D. AND ABOVE, USE SQUARE OR RECTANGULAR STRUCTURES. SIZING EXAMPLES: OUTLET HOLE SIZE 11,9" O.D. OR LESS 12.0"-17.9" O.D. 18.0"-23.9" O.D. 24.0'-29.9" O.D. 30.0"-35.9" O.D. 30.0"-41.9" O.D. 30.0"-47.9" O.D. 30.0"-51.9" O.D. 48.0"-71.9" O.D. 72"-95.9" O.D. SNOUT SIZE 12 F or R (R FITS 36"-48" DIAM STRUCTURE) 18 F or R (R FITS 48"-60" DIAM STRUCTURE) 24 F or R (R FITS 48"-60" DIAM STRUCTURE) 30 F or R (R FITS 60"-72" DIAM STRUCTURE) 36FT8 42RTB/60 (FITS 60" DIAM STRUCTURE ONLY) 48 FTB 52RTB/72 (FITS 72" DIAM STRUCTURE ONLY) 72FT8 OR 72RT8/96 (FITS 96' DIAM STRUCTURE ONLY) 96 FTB NPSNOUT (FOR NYLOPLAST TYPE PVC STRUCTURE) UP TO 12" PIPE IN 18" ID STRUCTURE NP1218 UP TO 15" PIPE IN 24" ID STRUCTURE NP1524 UP TO 18" PIPE IN 30" ID STRUCTURE NP1830 UP TO 24" PIPE IN 30" ID STRUCTURE NP 2430 BMP, INC. 53 MT. ARCHER ROAD, LYME, CT. 06371 (800) 504-8008 FAX: (860)434-3195 DESCRIPTION SNOUT SIZING CHART DATE 09/09/05 SCALE NONE DRAWING NUMBER SP-S I