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HomeMy WebLinkAboutContract 5321517� �. - CONTRACT ::; FOR THE CONSTRUCTION OF Keller Haslet Road Culvert City Project No. 101492 Betsy Price Mayor CITY SECRETARY CONTRACT NO., 53a5 David Cooke City Manager William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2019 . rr. By: Neel -Schaffer, Inc. N EL SCHAFFER Saiutio"s you can build upon Texas Reg. No. F-2697 OFFIC96. RECO � �rl-AR 4 T: WORTH. 'rX FORT WID RTH CONTRACT FOR THE CONSTRUCTION OF Feller Haslet Road Culvert City Project No. 101492 Betsy Price Mayor David Cooke City Manager William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2019 By: Neel -Schaffer, Inc. erEL-SCHAFFER Solutions you ctaia build upon Texas Reg. No. F-2697 FORTWORTHe City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 - 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pagel of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 - General Requirements 01 1100 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 0135 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 0158 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 71 23.01 Attachment A — Survey Staking Standards 01 71 23.02 Attachment B — Survey Data Collector Library.fxl 01 74 23 Cleaning 01 77 19 Closeout Requirements CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised February 2, 2016 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of4 01 7823 Operation and Maintenance Data 01 78 39 Project Record Documents Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents 3123 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: hMs://yroi ectDoint.buzzsaw.com/client/fortworthgoy/Re.sources/02%20- %20Construction%2ODocumentsl eQifications Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 30 00 Cast -In -Place Concrete Division 31 - Earthwork 31 1000 Site CIearing 31 25 00 Erosion and Sediment Control 31 37 00 Riprap Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 32 1123 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 1723 Pavement Markings 3231 13 Chain Fences and Gates 32 32 13 Cast -in -Place Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro -Mulching, Seeding, and Sodding Division 33 - Utilities 3301 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 3303 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 3304 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised February 2, 2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation, Embedment, and Backfill 3305 13 Frame, Cover and Grade Rings -Cast Iron 3305 13.10 Frame, Cover and Grade Rings -Composite 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 17 Concrete Collars 33 05 22 Steel Casing Pipe 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 1105 Bolts, Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 13 Concrete Pressure Pipe, Bar -Wrapped, Steel Cylinder Type 33 1220 Resilient Seated Gate Valve 33 1225 Connection to Existing Water Mains 33 1260 Standard Blow -off Valve Assembly 33 39 10 Cast -in -Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 60 Epoxy Liners for Sanitary Sewer Structures 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 3441 30 Aluminum Signs 3471 13 Traffic Control Appendix Construction Details Geotech Report 404 Permit Wage Rates City of Fort Worth Water Department Standard Product List END OF SECTION CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised February 2, 2016 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, November 1P9, 2019 REFERENCE NO.: "M& 19-0319 LOG NAME: 203 t ELLER HASLET CULVERT ON TRU TION SUBJEICT: Authorize the Execut€on of a Contract with McMahon Contracting, LP, in the Amount of 1,717,505.78 for the Keller Haslet Road DraInage improvements Project, Adopt Appropriation Ordinances and Amend the FY 2020-2024 CIPI (COUNCIL DISTRICT 7) REOOMM19N ]ATIDN: It is reoornmended that the CIty aural: 1. Adopt the -attache€ approprladon ordinance to adjust the appropriations in the Stormwater CapltaI Fund by decreasing eatImated receipts and appropriations in the Stormwater Advanced Flood Warning System Project in the amounI of $450,000,00, and increasing receipts and appropriations In the Keller Haslet CulVert Pipe Rehab Project by the same amount; and 2. Adopt the attached approprialiam ordinance to increase esllmated receipts and appropriations In the Keller Haslet C uIva rt Pipe Rehab Project in the amount of $842.000.00, frorn avaIIsble funds; and 3. Authorize the execution of a cantract with McMahon Contracting, LP, In the amount of S1,7� 7,505.78 for the construction of the Kell Haslet Roaad 0ralnaige Irnprovements. 4, Amend the FY 2020-2024 C I by increa ing funding in the Feller Haslet C Erlveri Pipe Rehab Project by $1,2 2,000. DISCUSSION: The contract re commanded by this Mayor and CcUncll C ommUn!cation is far the construction of culvert Improvements and relocafEon of a water IIne and sewer IIne In Vista Greens Addition along Feller Haslet Road. This project will mitigate hazardous roadWay overtopping, potentlal horse flooding, and erosion threats to homes in the VistaGreens-and McPhrersan Ranch neighborhoods. The project was advedised for bids on August 29, 2019 and S eptember 5, 201.9 in the Fort Worth Star Telegram+, On September 26tt, the fallowing bids Were received: Bidders _ Amount McMahon Contracting, LP - - $1,717,505,78 North Texas ContractIng $1,833,326,00 Woody ontractors, $1 P-911,024.00 Rebnon, Inc. $2,260.131.00. The contract award amount Includes a pre-estabilshed field order allowance of $105,000. Other budget items beyond tyre construction contract amount include $75,040 for rnaterlal testing, inspection and as - built survey mapping, w1th an additional $86,000 for contingancies, The total portstructlon budget is $1,878.505. Construction is anticipated to start irr the winter of 2019, And the contract calls for 180 calendar days of construction tirna. Fund Existing Funding Additional Funding Project Total stormwater Capital Projects - 5200 $860,00D .292,000 $2,142,000 Project Total_ S� 50,00 '1,29 ,f 0 $2,1 2,000 Initial funding for this project was Included in the FY2019-FY 0 3 Capital Improvemant Plan ire tha amount of 550,00O. As the design progressed the flood Modelling showed that fhe roadway nBed ed to he ralsed higher than origlna iy anticipated. This resulted in addWanal paving and additional costs associated with the reloc.atlan and Improvement of water and sewer litres. The additional scope along with materials cost Inilatlon and additional easement acquisition costs since the project was Initially programmed resulted In the need for additional funding in the amount of $1,29 ,000. The additional funding Is avallable from savings from the Hammond Street drainage improvement project, where the bids came in signlflcantly lower than the eflglneers estimate, and from PayGo capital funds programmed in the FY 20-24 C I P for this protect Niue to the additional funding need. MIWSE OFFICE — McMahon Contracting is in compliance with the ity's BDE Ordinance by Committing to 6.00A MBE participation on this project. The ity's MBE goal on this project Is 6VI/o. This project is located in COUNCIL DISTRICT 7- SCAL INFOR MION LCERTIFICATIOW The Oifector of Finance certifies upon approval of fire above recommendation and adopoort of the- altached appropriation ordinances, funds will be available in the Stormwater Capital Projects Fund, Prior to an expenditure being incurred, the Transportation 8, Public Works Departmant has the responsibility of vedfying the avallablllty of funds, FUND IDENTIFIERS E912)- undd De artmant coul Project ect I o ID Suldget Reference #rno Year I [ hartfield 21 FRAM Fund Department ccoun -Pr*ct 110rogra .. Budget Reference Amoun ID _ ID _ Year IOhartf3eld 2 CERTIFICATIONS - Submitted for City,, Mana9ilf's Office byl Dana BurghdofF (8018) �rigir�g,_ ARartment Head: 1 IIIiam Johnson (78.01 ) Addltl2nal Information._CorEtact; Linda Young (2485) ATTACHMENT 1. 1010 .. elIer t-laslat Location AAa#&i (Pubua) 2.20SW L.ET CULVEEI QONSTRUCTIO�t-_�=020- (Public) 3. O VV KELLEB H$ CT_ UL11E=RT O NSTRUCTION 52QQ2 A020r dm (public) 4. Form 1295 OQr6&Pte signed M LP.pAf (CFW Internal) S. Feller Haslat 101492 FIB Table.Asx (CFW Intnrnai} 6, i I Haslet. on pliar ue Memo-pdf (CFW Intorni3l) 7. Keller 'Hazlat 0x1492 fund availability i (CFW Internal) 8. SA Resrflts.P_t (CFW arntamal) CITY OF [SORT WORTH TEXAS TRANSPORTATION PORTATION N PUBLIC WORDS DEPARTMENT ADDENDUM NO. 1 To the Specifications and Contract Documents For l(ELLER HASLET ROAD CULVERT Unit I: Drainage Improvements—CPN 101697 Unit II: Water Improvements —CPN 101697 Unit III: Sewer Improvements — CPN 101697 Addendum No. 1 Issued: September 18, 2019 Bid Opening Date: September 26, 2019 This addendum forms part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below, and acknowledge receipt in the Bid Form and on the outer envelope of your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The specifications and contract documents for Keifer Haslet Road Culvert are hereby revised by Addendum No. i as follows: The Specifications are amended as follows: 1. Replace SECTION 00 00 00, TABLE OF CONTENTS, with SECTION 00 00 00 attached. 2. Replace SECTION 00 4100, BID FORM, with SECTION 00 4100 attached. 3. Replace SECTION 00 42 43, PROPOSAL FORM, with SECTION 00 42 43 attached. Several pay items have been added and/or revised. 4. Replace SECTION 00 45 12, PREQUALIFICATION STATEMENT, with SECTION 00 45 12 attached. 5. Replace APPENDIX table of contents, with APPENDIX table of contents attached. 6. -Add APPENDIX E cover sheet and City of Fort Worth Water Department Standard Product List attached. II. The Construction Drawings are amended as follows: 1. Replace COVER, with COVER attached. 2. Replace Sheet 2, GENERAL NOTES, with Sheet 2 attached. 3. Replace Sheet 3, GENERAL NOTES, with Sheet 3 attached. 4. Replace Sheet 4, QUANTITIES, with Sheet 4 attached. 5. Replace Sheet 20, WATER LINE RELOCATION, with Sheet 20 attached. 6. Replace Sheet 23, SANITARY SEWER IMPROVEMENTS, with Sheet 23 attached. III. Road Closure — Shall be limited to a maximum of five months. A-1 ADDENDUM x Keller Haslet Road Culvert City Project No. 10IG97 IV. Pre -Bid Meeting -- Q & A attached. This Addendum No. 1, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Project Manual & Contract Documents of the same. Acknowledge your receipt of Addendum No. 1 by completing the requested information at the following locations: (1) In the space provided in Section 00 4100, Bid Form, Page 3 of 3 (2) Indicate in upper case letters on the outside of your sealed bid envelope; "RECEIVED & ACKNOWLEDGE ADDENDUM NO. I Include a signed copy of Addendum No. 1 in the sealed bid envelope at the time of bid submittal. Failure to acknowledge receipt of Addendum No. 1 below could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED WMAHON CONTRACTING, L.P. Compaq - ���' •w3ti� S ..... )AM P. AMIM William Johnson DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT.,'? B Mike Bzainager ett, P. , PMP Project A-2 ADDENDUM i Keller Haslet Road Culvert City Project N9.101697 FoRT'WORTH, City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 -1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of4 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 00 05 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 - General Requirements 01 1100 Summary of Work 01 2500 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 5526 Street Use Permit and Modifications to Traffic Control 0157 13 Storm Water Pollution Prevention Plan 0158 13 Temporary Project Signage 01 60 00 Product Requirements 01 6600 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 7123.01 Attachment A Survey Staking Standards 01 71 23.02 Attachment B — Survey Data Collector Library.fxl 01 74 23 Cleaning 01 77 19 Closeout Requirements CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101697 Revised February 2, 2016 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents 3123 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://proj ectpoint.buzzsaw.com/client/fortworthgoN/Resources/02%20- %20Construction%2ODocuments/Specifications Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 30 00 Cast -In -Place Concrete Division 31 - Earthwork 31 1000 Site Clearing 31 25 00 Erosion and Sediment Control 31 37 00 Riprap Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 32 1123 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 17 23 Pavement Markings 3231 13 Chain Fences and Gates 3232 13 Cast -in -Place Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro -Mulching, Seeding, and Sodding Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 3303 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101697 Revised Febramy 2, 2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation, Embedment, and Backfill 3305 13 Frame, Cover and Grade Rings -Cast Iron 3305 13.10 Frame, Cover and Grade Rings -Composite 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 3305 17 Concrete Collars 33 05 22 Steel Casing Pipe 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 1105 Bolts, Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 13 Concrete Pressure Pipe, Bar -Wrapped, Steel Cylinder Type 33 12 20 Resilient Seated Gate Valve 33 1225 Connection to Existing Water Mains 33 1260 Standard Blow -off Valve Assembly 33 39 10 Cast -in -Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 60 Epoxy Liners for Sanitary Sewer Structures 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 34 41 30 Aluminum Signs 3471 13 Traffic Control Appendix Construction Details Geotech Report 404 Permit Wage Rates City of Fort Worth Water Department Standard Product List END OF SECTION CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101697 Revised February 2, 2016 TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: City Project No.. 101697 Units/Sections: 1 - Drainage 2 - Water 3 - Sewer 1. Enter Into Agreement SECTION 00 41 00 BID FORM Keller Haslet Road Culvert 00 41 00 BID FORM Page 1 of 3 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 410000 4313_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 00 41 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Transmission, Urban/Renewal, 24-inches and smaller b. Sewer Bypass Pumping, 18-inches and smaller c. Sewer Collection System, Urban/Renewal, 12-inches and smaller d. Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) 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 Band, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. G. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 410000 4313_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook 00 41 00 BID FORM Page 3 of 3 subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable. otherwise delete` Total Base Bid <use this if applicable, otherwise delete: $105,000.00 Altemate Bid <use this if applicable, otherwise delete> #REF! delete> delete> Total Bid 7. Did Submittal This Bid is submitted on Montb Day, Yaw Respectfully submitted, By: (Signature) Ended Sarre Her (Printed Name) Title: Tillio lHwu Company. CanlWy Nanwi l-We Address: Addre Ham Addralis Elam of Spwm rilty, Stave Zip C Iinm State of Incorporation: Siato Mara Email: -`our Ernuli Addroas Hero Phone: -'our rhone Nlu rrbiw Ham END OF SECTION Fi1:10111 #REF! $105,000.00 by the entity named below. Receipt is acknowledged of the Initial followin Addenda: Addendum No. 1: Addendum No. 2: _ Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 410000 43 13_00 42 43_00 43 37_00 4512_00 3513_Bid Proposal Workbook SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID 00 42 43 BID PROPOSAL Page I of 3 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Unit 1 - Drainage 1 CONSTRUCTION STAKING 01 71 23 LS 1 2 RED LINE AS -BUILT SURVEY 01 71 23 LS 1 3 REMOVE FENCE 0241 13 LF 190 4 IREMOVE METAL BEAM GUARD FENCE 02 41 13 LF 210 5 REMOVE MISC. CONC. STRUCTURE 0241 13 SF 2070 6 REMOVE ASPHALT PAVEMENT 0241 15 SY 1520 7 REMOVE 48" STORM LINE (ALL TYPES) 0241 14 LF 90 8 SITE CLEARING 31 1000 LS 1 9 UNCLASSIFIED EXCAVATION BY PLAN 31 23 16 CY 1980 10 BORROW BY DELIVERY 31 23 23 CY 1000 11 EMBANKMENT BY PLAN 31 24 00 CY 1000 12 SWPPP >= 1 ACRE 31 25 00 LS 1 13 ASPHALT PVMT REPAIR BEYOND DEFINED WIDTH, RESIDENTIAL 3201 17 SY 30 14 6" FLEX BASE, TYPE D, GRADE 1 32 11 23 SY 610 15 JHYDRATED LIME 32 11 29 TN 24 16 6" LIME TREATMENT 32 11 29 SY 1580 17 2" ASPHALT PAVEMENT, TYPE D PG 76-22 32 12 16 SY 1460 18 6" ASPHALT BASE TYPE B PG 64-22 32 12 16 SY 1460 19 4" SLD PAVEMENT MARKING HAS (W) 32 17 23 LF 1100 20 4" SLD PAVEMENT MARKING HAS (Y) 32 17 23 LF 1100 21 IREFL RAISED MARKER TY II -A -A 32 17 23 EA 16 22 TXDOT STD RETAINING WALL - RW 1 (L) C 32 32 13 SF 2840 23 BLOCK SOD PLACEMENT 32 92 13 SY 200 24 SEEDING, HYDROMULCH 32 92 13 SY 3100 25 36" RCP, CLASS III 3341 10 LF 55 26 9'x6' PRECAST BOX CULVERT 33 41 10 LF 252 27 IREMOVE AND REINSTALL SIGN PANEL AND POST 34 41 30 EA 2 28 TRAFFIC CONTROL 3471 13 MO 6 29 PORTABLE MESSAGE SIGN 34 71 13 WK 20 30 REMOVE & SALVAGE FLOOD WARNING EQUIPMENT 0241 13 LS 1 31 12" CONCRETE APRON / DROP STRUCTURE 03 30 00 SY 170 32 IBAFFLE BLOCKS 03 30 00 EA 45 33 6" CONCRETE APRON / FLUME 1 DROP STRUCTURE 03 30 00 SY 630 34 TURF REINFORCING MAT (MIRAMAT TM8 OR APPROVED EQUAL) 31 25 00 SY 400 35 EXTENDED CURB (TxDOT STD. ECD) 32 32 13 LF 102 36 TOE (TxDOT STD. PW) 32 32 13 LF 102 37 PEDESTRIAN HANDRAIL (TYPE PRII) TXDOT 450 LF 470 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 00 43 13 00 42 43_00 43 3700 45 12_00 35 13_Bid Proposal Workbook 9.18.19 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID 00 42 43 BID PROPOSAL Page 2 of 3 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 38 METAL BEAM GUARD FENCE & END TREATMENTS TXDOT 540 & 544 LF 1020 39 ARTICULATED CONCRETE BLOCKS (ARMORFLEX 70-L OR APPROVED EQUAL) 31 3700 SY 540 40 CONCRETE ENCASEMENT FOR UTILITY PIPES 33 05 10 CY 4 41 CONSTRUCTION ALLOWANCE LS 1 $75,000.00 $75,000.00 Unit 1 - Drainage Subtotal $75,000.00 Unit 2 - Water Bid either A (Ductile Iron) or B (Concrete AW WA C303) 1 A 24" DIP WATER, CSS BACKFILL (Restrained Joints) 33 11 10 LF 360 1-13 24" CONCRETE AWWA C303 WATER PIPE, CSS BACKFILL (Restrained Joints) 331113 LF 360 2-A-1 DUCTILE IRON WATER FITTINGS WIRESTRAINT 33 11 11 TON 2 2-A-2 C303 WATER FITTINGS WIRESTRAINT (for use with DIP Option; All Required Adaptors/Reducers, etc.) 33 11 13 LS 1 2-13 C303 WATER FITTINGS WIRESTRAINT (for use with C303 Option; All Required Adaptors and Fittings, etc.) 33 11 13 LS 1 3-A DIP CATHODIC PROTECTION SYSTEM PER CITY STANDARD DETAILS 33 04 12 LS 1 3-B C303 CATHODIC PROTECTION SYSTEM PER CITY STANDARD DETAILS 330412 LS 1 Bid either A (Ductile Iron) or B (Concrete AW WA C303) 4 CONSTRUCTION STAKING 01 71 23 LS 1 5 RED LINE AS -BUILT SURVEY 01 71 23 LS 1 6 TRENCH SAFETY 33 05 10 LF 360 7 24" CUT -IN GATE VALVE WI VAULT 331220 EA 2 8 8" BLOW OFF VALVE 33 12 60 EA 1 9 CATHODIC PROTECTION TEST STATION ADJUSTMENT 33 05 14 EA 2 10 EXPLORATORY EXCAVATION OF EXISTING UTILITIES 33 05 30 EA 2 11 UTILITY MARKERS 33 05 26 LS 1 12 VALVE BOX ADJUSTMENT 33 05 14 EA 2 13 REMOVE 21" CONCRETE WATER LINE 0241 14 LF 320 14 CONNECT TO EXISTING 21" CONCRETE WATER MAIN 33 12 25 EA 2 15 ARTICULATED CONCRETE BLOCKS (ARMORFLEX 70-L OR APPROVED EQUAL) 31 3700 SY 60 16 CONSTRUCTION ALLOWANCE LS 1 $25,000.00 $26,000.00 Unit 2 - Water Subtotal $25,000.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 OD 00 43 13_00 42 43 00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 9.19.19 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID 00 42 43 BID PROPOSAL Page 3 of 3 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Unit 3 - Sewer 1 12" DIP SEWER (BY OPEN CUT) with PROTECTO 401 COATI N G 33 11 10 LF 176 2 1CONSTRUCTION STAKING 01 71 23 LS 1 3 RED LINE AS -BUILT SURVEY 01 71 23 LS 1 4 MANHOLE ADJUSTMENT, MINOR 33 05 14 EA 2 5 TRENCH SAFETY 33 05 10 LF 180 6 POST -CCTV INSPECTION 33 01 31 LF 176 7 MANHOLE VACUUM TESTING 33 01 30 EA 2 8 BYPASS PUMPING 33 03 10 LS 1 9 EPDXY MANHOLE LINER (WARREN ENVIRONMENTAL or CHESTERTON) 33 39 60 VF 24 10 4' MANHOLE 33 39 10, 33 39 20 EA 2 11 EXTRA DEPTH MANHOLE 34 39 10, 33 39 20 VF 12 12 CONCRETE COLLAR 33 05 17 EA 2 13 24" CASING BY OPEN CUT 330622 LF 108 14 CONSTRUCTION ALLOWANCE LS 1 $5,000.00 $5,000.00 Unit 3 - Sewer Subtotal $5,000.00 Bid Summary Base Bid Unit 1 - Drainage $75,000.00 Unit 2 - Water $25,000.00 Unit 3 - Sewer $5,000.00 Total Base Bid $105,000.00 TotalBidl $105,000.00 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fo Revised 20120120 00 41 00_00 43 13_00 42 43 00 43 37_00 45 12 00 35 13_Did Proposal Workboak 9.16.19 00 45 12 BID FORM Page Iof1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water Transmission, Date Hem or Urban/Renewal, 24-inches and Gampany Nang Hero or spares smaller auk Sewer Bypass Pumping, 18- Company Name ire or space Uaie Hers or inches and smaller space Sewer Collection System, Date Hero or Urban/Renewal, 12-inches and Company Marna Here or spaces smaller spsCe Asphalt Paving Construction/Reconstruction Gen�parly Name Here or spac:e Date I'#er>ft+ or (LESS THAN 15,000 square Space yards) The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Company Name Here Address Here Address Here or Space City, State Zip Code Here By: Printed Name Here (Signature) Title: Title Here Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 410000 43 1300 42 4300 43 3700 45 1200w35 13—Bid Proposal Workbook Appendix Appendix A — Construction Details Appendix B — Geotechnical Report Appendix C — 404 Permit Appendix D — Wage Rates Appendix E — City of Fort Worth Water Department Standard Product List CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101697 Revised July 1, 2011 Appendix lE City ®f Fort Worth Water Department Standard Product List CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101697 Revised July 1, 2011 FORT WORTH.,. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT MST Updated: April 12, 2019 The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. Table of Content (Click on items to go directly to the page) Items Page A. Water & Sewer 1. Manholes & Bases/Components........................................................... 1 2. Manholes & Bases/Fiberglass............................................................... 2 3. Manholes & Bases/Frames & Covers/Rectangular ............................... 3 4. Manholes & Bases/Frames & Covers/Round....................................... 4 5. Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight .. 5 6. Manholes & Bases/Precast Concrete .................................................... 6 7. Manholes & Bases/Rehab Systems/Cementitious................................ 7 8. Manholes & Bases/Rehab Systems/NonCementitious ......................... 8 9. Manhole Insert (Field Operations Use Only) ........................................ 9 10. Pipe Casing Spacer............................................................................... 10 11. Pipes/Ductile Iron ................................................................................. 11 12. Utility Line Marker............................................................................... 12 B. Sewer 13. Coatings/Epoxy..................................................................................... 13 14. Coatings/Polyurethane.......................................................................... 14 15. Combination Air Valves....................................................................... 15 16. Pipes/Concrete...................................................................................... 16 17. Pipe Enlargement System (Method) ..................................................... 17 18. Pipes/Fiberglass Reinforced Pipe ......................................................... 18 19. Pipes/HDPE.......................................................................................... 19 20. Pipes/PVC (Pressure Sewer)................................................................. 20 21. Pipes/PVC*........................................................................................... 21 22. Pipes/Rehab/CIPP................................................................................. 22 23. Pipes/Rehab/Fold & Form.................................................................... 23 24. Pipes/Open Profile Large Diameter...................................................... 24 C. Water 25. Appurtenances....................................................................................... 25 26, Bolts, Nuts, and Gaskets....................................................................... 26 27. Combination Air Release Valve........................................................... 27 28. Dry Barrel Fire Hydrants...................................................................... 28 29. Meters................................................................................................... 29 30. Pipes/PVC (Pressure Water)................................................................. 30 31. Pipes/Valves & Fittings/Ductile Iron Fittings ....................................... 31 32. Pipes/Valves & Fittings/Resilient Seated Gate Valve .......................... 32 33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33 34. Polyethylene Encasement................................................................. 34 35. 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It could be replaced using 2 crews and wouldn't need to be done during the winter, there are other ways to do the work why would it need to be pushed back a year if it's not done this winter? A: A response to this question will be provided in a follow up addendum. Q: Will the water line be fully removed, not just abandoned? A: It needs to be removed. A portion is in conflict with the new by-pass culvert. Q: Do franchise utilities need to be relocated before construction starts? A: Only Verizon must be relocated before construction can begin; they are in conflict with the new water line location. Other franchise utilities could be relocated while work on the water line begins. Q: When is work anticipated to start? A: Target is January 2020. The project has a window of October to April to get the water line relocated and that work will be performed before the culvert (and after the sewer). Q: Is there a cathodic protection plan for the new water line? Will there be an allowance for that work, if needed? A: Cathodic protection to be installed per the notes in the plans and paid per the unit price established on the bid sheet. Test stations and isolations kits required, but no anode beds. Q: Has soil been tested for cathodic protection? A: No. Q: Can the culverts be cast in place instead of pre -cast? A: No they need to be pre -cast. The road closure needs to be minimal and pre -cast will be faster. Q: Will time be added to the contract in the event of severe weather? A: This is a calendar day project meaning that there is no work stoppage for weather delays. However, with this project being located in the floodplain, the City may consider adding time on a case -by -case basis depending on the severity of the rain event. Q: Will max flows be provided for the 12in sanitary sewer line? A: Dry weather approximately 0.2 MGD. Wet weather approximately 0.3 MGD. Q: Cost estimate for this project? A: Engineer's estimate: Was stated as $1.12 million Q: Does bid form have a place for pre -qualified vendors? A: Follow the contract book for requirements on pre -qualifications and pre -qualification submittals. Q: Will the City pay for material and density testing? A: The City will pay for a passing test. Q: Is the channel just for drainage or is there any flow from the lake/pond upstream? A: Any storm water runoff from upstream will flow through the Keller Haslet culvert crossing including overflows from the McPherson Ranch pond. Q: Is there a bid item for removing the sanitary sewer? A: It is a non -pay item and subsidiary to new pipe item or trench item. Refer to specs for specifics. Q: There's excavation, borrow, and embankment bid items and a statement in specs about using half on -site material and half borrow material. Are those estimates or do they reflect a firm number based on site conditions? A: The quantities were estimated assuming some material will not be usable for fill. Contractor will be paid based on the actual fill placed and/or imported. Quantities may be over/under run depending on usability of the existing spoils. Q: Is the box culvert just a standard box or any special specs for it? A: Standard box culvert per TxDOT detail. Q: Will the pedestrian rail be powder coated or galvanized? A: Galvanized unless otherwise noted in the plans. Q: Are the excavation and embankment standards the TxDOT standard for pay? TXDOT usually only pays for items and quantities on the bid form and they don't pay for over -excavation for wall construction, etc. A: The pay items are fully reflected in the quantities; the quantities are based on what the plan set calls out as necessary. Truck tickets will be required for borrow brought to the site. Excavation and embankment are paid by plan, borrow is paid by delivery. If on site material is usable then plan quantities can be adjusted. Q: Are soil boring requirements in the spec book? A: They are included in the geotechnical report. Q: Should questions that come up be posted to Buzzsaw or emailed to the PM? A: Email questions to Mike Bennett, answers will be posted to Buzzsaw as addenda. Last day for questions is 9/18/19; last addenda will be issued by 9/20/19. Q: Is there a pay item for top soil for seeding? A: The top soil is subsidiary to the excavation and seeding pay items. The contractor should stockpile needed topsoil from excavation. Q: Will the contractor need to deal with the Corps or will the City act as the buffer? A: The City will coordinate with the Corps on this project. It is critical the contractor follow the disturbance limits set in the construction plans. L ADDENDUM NO. 2 To the Specifications and Contract Documents For KELLER HASLET ROAD CULVERT Unit I: Drainage Improvements — CPN 101697 Unit Il: Dilater Improvements—CPN 101697 Unit III: Sewer Improvements — CPN 101697 Addendum No. 2 Issued: September 23, 2019 Bid Opening Date: September 26, 2019 This addendum forms part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below, and acknowledge receipt in the Bid Form and on the outer envelope of your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The specifications and contract documents for Keller Haslet Road Culvert are hereby revised by Addendum No. 2 as follows: The Specifications are amended as follows: 1. Replace SECTION 00 42 43, PROPOSAL FORM, with SECTION 0042 43 attached. Several pay items have been revised. II. The Construction Drawings are amended as follows: 1. Replace Sheet 4, QUANTITIES, with Sheet 4 attached. 2. Replace Sheet 20, WATERLINE RELOCATION, with Sheet 20 attached. 3. Replace Sheet 22, EXISTING WATER LAYOUT, with Sheet 22 attached. 4. Replace Sheet 23, SANITARY SEWER IMPROVEMENTS, with Sheet 23 attached. Ill. Clarification 1. The Portable Message Sign Bid Quantity of "20" is clarified to mean 2 Portable Message Signs for 10 weeks each. This Addendum No. 2, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Project Manual & Contract Documents of the same. Acknowledge your receipt of Addendum No. 2 by completing the requested information at the following locations: (1) In the space provided in Section 00 4100, Bid Form, Page 3 of 3 A-1 ADDENDUM 2 Keller Haslet Road Culvert City Project No. 101697 ADDENDUM NO. 2 To the Specifications and Contract Documents For KELLER HASLET [BOA® CULVERT Unit I: Drainage Improvements — CPN 101697 Unit II: Water Improvements — CPN 101697 Unit III: Sewer Improvements — CPN ILOIL697 Addendum No. 2 Issued: September 23, 2019 Bid Opening Date: September 26, 2019 This addendum forms part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents_ Bidder shall acknowledge receipt of this addendum in the space provided below, and acknowledge receipt in the Bid Form and on the outer envelope of your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The specifications and contract documents for Keller Haslet Road Culvert are hereby revised by Addendum No. 2 as follows: I. The Specifications are amended as follows: 1. Replace SECTION 0042 43, PROPOSAL FORM, with SECTION 00 42 43 attached. Several pay items have been revised. 11. The Construction Drawings are amended as follows: 1. Replace Sheet 4, QUANTITIES, with Sheet 4 attached. 2. Replace Sheet 20, WATER LINE RELOCATION, with Sheet 20 attached. 3. Replace Sheet 22, EXISTING WATER LAYOUT, with Sheet 22 attached. 4. Replace Sheet 23, SANITARY SEWER IMPROVEMENTS, with Sheet 23 attached. Ill. Clarification 1. The Portable Message Sign Bid Quantity of "20" is clarified to mean 2 Portable Message Signs for 10 weeks each. This Addendum No. 2, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Project Manual & Contract Documents of the same. Acknowledge your receipt of Addendum No. 2 by completing the requested information at the following locations: (1) In the space provided in Section 00 4100, Bid Form, Page 3 of 3 A-1 ADDENDUM 2 Keller Haslet Road Culvert City Project No. 101697 (2) Indicate in upper case letters on the outside of your sealed bid envelope: "'RECEIVED & ACKNOWLEDGE AiDDEMDUM No. 2" Include a signed copy of Addendum No. 2 in the sealed bid envelope at the time of bid submittal. Failure to acknowledge receipt of Addendum No. 2 below could cause the subject bidder to be considered "NONRESPONSIVE", resulting'in disqualification. RECEIPT ACKNOWLEDGED William Johnson DIRECTOR TRANSPORTATION AND PUBLIC WORKS DEPARTMENT Mike Bennett YE., PMP IV1cMAHON CONTRACTING, LP Project Man ger Com an Boer shyi ;9`P'. 11 f1LFY ,. A-2 ADDENDUM 2 Keller Haslet Road Culvert City Project No. 201697 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID 00 42 43 BID PROPOSAL Paget of3 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description I Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 38 ARTICULATED CONCRETE BLOCKS (ARMORFLEX 70-L OR APPROVED EQUAL) 31 37 00 SY 640 39 CONCRETE ENCASEMENT FOR UTILITY PIPES 33 05 10 CY 4 40 CONSTRUCTION ALLOWANCE LS 1 $75,000.00 $75,000.00 Unit 1 - Drainage Subtotal $75,000.00 Unit 2 - Water Bid either A (Ductile Iron) or B (Concrete AWWA C303) 1-A 24" DIP WATER, CSS BACKFILL (Restrained Joints) 33 11 10 LF 360 1-B 24" CONCRETE AWWA C303 WATER PIPE, CSS BACKFILL (Restrained Joints) 331113 LF 360 2-A-1 DUCTILE IRON WATER FITTINGS W/RESTRAINT 33 11 11 TON 2 2 A-2 C303 WATER FITTINGS W/RESTRAINT (for use with DIP Option; All Required Adaptors/Reducers, etc.) 33 11 13 LS 1 2-B C303 WATER FITTINGS W/RESTRAINT (for use with C303 Option; All Required Adaptors and Fittings, etc.) 33 11 13 LS 1 3-A DIP CATHODIC PROTECTION SYSTEM PER CITY STANDARD DETAILS 33 04 12 LS 1 3-13 C303 CATHODIC PROTECTION SYSTEM PER CITY STANDARD DETAILS 33 04 12 LS 1 Bid either A (Ductile Iron) or B (Concrete AWWA C303) 4 CONSTRUCTION STAKING 01 7123 LS 1 5 RED LINE AS -BUILT SURVEY 01 71 23 LS 1 6 TRENCH SAFETY 33 05 10 LF 360 7 24" GATE VALVE W/ VAULT 331220 EA 2 8 8" BLOW OFF VALVE 33 12 60 EA 1 9 CATHODIC PROTECTION TEST STATION ADJUSTMENT 33 05 14 EA 2 10 EXPLORATORY EXCAVATION OF EXISTING UTILITIES 33 05 30 EA 2 11 UTILITY MARKERS 33 05 26 LS 1 12 IVALVE BOX ADJUSTMENT 33 05 14 EA 2 13 REMOVE 21" CONCRETE WATER LINE 0241 14 LF 320 14 CONNECT TO EXISTING 21" CONCRETE WATER MAIN 33 12 25 EA 2 15 ARTICULATED CONCRETE BLOCKS (ARMORFLEX 70-L OR APPROVED EQUAL) 31 3700 SY 60 16 CONSTRUCTION ALLOWANCE LS 1 $25,000.00 $25,000.00 Unit 2 - Water Subtotal $26,000.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Worktwok 9,23,19 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID OD 42 43 BID PROPOSAL Page 3 43 Bidder's Application Project Item Information Bidders Proposal Bidlist Item No, Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Unit 3 - Sewer 1 12" DIP SEWER (BY OPEN CUT), CSS BACKFILL with PROTECTO 401 COATING 3311 10 LF 176 2 CONSTRUCTION STAKING 01 71 23 LS 1 3 RED LINE AS -BUILT SURVEY 01 71 23 LS 1 4 MANHOLE ADJUSTMENT, MINOR 33 05 14 EA 2 5 TRENCH SAFETY 33 05 10 LF 180 6 POST -CCTV INSPECTION 3301 31 LF 176 7 IMANHOLE VACUUM TESTING 3301 30 EA 2 8 BYPASS PUMPING 33 03 10 LS 1 9 EPDXY MANHOLE LINER (WARREN ENVIRONMENTAL or CHESTERTON) 33 39 60 VF 24 10 4' MANHOLE 33 39 10, 33 39 20 EA 2 11 EXTRA DEPTH MANHOLE 34 39 10, 33 39 20 VF 12 12 CONCRETE COLLAR 33 05 17 EA 2 13 24" CASING BY OPEN CUT 330622 LF 108 14 CONSTRUCTION ALLOWANCE LS 1 $5,000.00 $5,000.00 Unit 3 - Sewer Subtotal $5,000.00 Bid Summary Base Bid Unit 1 - Drainage $75,000.00 Unit 2 - Water $25,000.00 Unit 3 - Sewer $5,000.00 Total Base Bid $105,000.00 Total Bid 1 $105,000.00 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Foam Revised 20120120 00 41 00_00 43 13_00 42 43_W 43 37_00 45 12_0D 35 13_Bid Proposal Wprkbook 9.23.19 �avauv i.xan�rm nvnx .�.a�evu xa��r� Y �I €.d ? 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Nje[ ddxd � f 7 � 1 1 I I 7f 1 f c r i I Imp! � ; 1 _ _ f j .� �o L , I Nxll GJ 9(P•lld.9 '151R3 8'fxII SL BI9•Vl.il '141Y3, / I I f I I I I m I f �' 001113-1 INVITATION TO BIDDERS Page 1 of 2 I SECTION 00 1113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Keller Haslet Road Drainage Improvements, Project 5 No. 101492 will be received by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 200 Texas Street 10 Fort Worth, Texas 76102 11 until 1:30 F.M. CST, Thursday, September 26, 2019, and bids will be opened publicly and read 12 aloud at 2:00 FM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORD 15 The major work will consist of the (approximate) following: 16 0 252 LF of 9'x 6' RCB 17 0 2,800 SF of Retaining Walls 18 9 300 LF of Channel Grading 19 S 600 LF of Asphalt Road Construction 20 a 360 LF of 24" Water Line 21 ® 176 LF of 12" DIP Sewer Line 22 23 PREQUALIFICATION 24 The improvements included in this project must be performed by a contractor who is pre- 25 qualified by the City at the time of bid opening. The procedures for qualification and pre- 26 qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. 27 28 DOCUMENT EXAMINATION AND PROCUREMENTS 29 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 30 of Fort Worth's Purchasing Division website at htW://www.fortworthtexas.gov/purchasinand 31 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 32 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 33 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 34 Parties Form 1295 and the form must be submitted to the Project Manager before the 35 contract will be presented to the City Council. The form can be obtained at 36 httas://www.ethics.state.tx.us/tee/1295-Info.htm . 37 38 Copies of the Bidding and Contract Documents may be purchased from Neel -Schaffer, Inc., 39 which is as follows: 515 Houston Street, Suite 715, Fort Worth, TX 76102. 40 41 The cost of Bidding and Contract Documents is: 42 Set of Bidding and Contract Documents with full size drawings: $150.00 43 Set of Bidding and Contract Documents with half size (if available) drawings, $80.00 44 45 PREBID CONFERENCE 46 A prebid conference may be held as described in Section 00 21 13 - INSTRUCTIONS TO 47 BIDDERS at the following location, date, and time: 48 DATE: September 9, 2019 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 22, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 00 11 13-2 INVITATION TO BIDDERS Page 2 of 2 TIME: 9:00 a.m. PLACE: City Hall, 200 Texas Street, TPW Conference Room 270, Fort Worth, TX 76102 LOCATION: Second Floor, East Side CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Mike Bennett, City of Fort Worth Email: mike.bennett@fortworthtexas.gov Phone: 817-392-7891 AND/OR Attn: Jim Amick, Neel -Schaffer, Inc. Email: jim.amick@neel-schaffer.com Phone: 817-870-2422 ADVERTISEMENT DATES August 29, 2019 September 5, 2019 24 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 22, 2016 Keller Haslet Road Calvert Project No. 101492 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 4 1. Defined Terms 5 6 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 7 00 - GENERAL CONDITIONS. 9 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 13 directly through a duly authorized representative, submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided) makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2. City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 34 35 3.1. All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified (even if inadvertently opened) shall not be considered. Prequalification 38 requirement work types and documentation are as follows: 39 40 3.1.1. Paving — Requirements document located at; 41 https://proj ecipoint.buzzsaw.com/fortworthgov/Resourees/02%20 42 %o20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2OPavinQ 43%20Contractor%2OPregualification%2OProgram/PRE4UALIF'ICATION%2OREO 44 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?Public 45 46 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at; CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised August 21, 2015 0021 13 - 2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 https://t)roiectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 2 %20Construction%2ODocuments/Contractor%2OPreg"ificafon/TPW%o2OPaving 3 %20Contractor%2OPre ualification%2OPro am/PRE UALIFICATION%20RE 4 UIREMENTS%20FOR%2OPAVING%2OCONTRACTORS.PDFry ublic 6 3.1.3. Water and Sanitary Sewer -- Requirements document located at; 7 https://proiecipoint.buzzsaw.com/fortworthgov/Resources/02%20- 8 %20Construction%2ODocuments/Contractor%20PregualifcationAVater%2Oand%2 9 OSanitarv%2OSewer%2OContractor%2OPrequalification%2OPro zram/W S S%20pre 10 Qual%20renuirements.doc?public 11 12 13 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within 14 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 15 45 11, BIDDERS PREQUALIFICATIONS. 16 17 3.2.1. Submission of and/or questions related to prequalification should be addressed to 18 the City contact as provided in Paragraph 6.1. 19 20 21 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low 22 bidder(s) for a project to submit such additional information as the City, in its sole 23 discretion may require, including but not limited to manpower and equipment records, 24 information about key personnel to be assigned to the project, and construction schedule, 25 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 26 deliver a quality product and successfully complete projects for the amount bid within 27 the stipulated time frame. Based upon the City's assessment of the submitted 28 information, a recommendation regarding the award of a contract will be made to the 29 City Council. Failure to submit the additional information, if requested, may be grounds 30 for rejecting the apparent low bidder as non -responsive. Affected contractors will be 31 notified in writing of a recommendation to the City Council. 32 33 3.4. In addition to prequalification, additional requirements for qualification may be required 34 within various sections of the Contract Documents. 35 36 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 37 38 4.1. Before submitting a Bid, each Bidder shall: 39 40 4.1.1. Examine and carefully study the Contract Documents and other related data 41 identified in the Bidding Documents (including "technical data" referred to in 42 Paragraph 4.2. below). No information given by City or any representative of the 43 City other than that contained in the Contract Documents and officially 44 promulgated addenda thereto, shall be binding upon the City. 45 46 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 47 site conditions that may affect cost, progress, performance or furnishing of the 48 Work. 49 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised August 21, 2015 0021 13 - 3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 2 progress, performance or furnishing of the Work. 3 4 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 5 contiguous to the Site and all drawings of physical conditions relating to existing 6 surface or subsurface structures at the Site (except Underground Facilities) that 7 have been identified in the Contract Documents as containing reliable "technical 8 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 9 at the Site that have been identified in the Contract Documents as containing 10 reliable "technical data." 11 12 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 13 the information which the City will furnish. All additional information and data 14 which the City will supply after promulgation of the formal Contract Documents 15 shall be issued in the form of written addenda and shall become part of the Contract 16 Documents just as though such addenda were actually written into the original 17 Contract Documents. No information given by the City other than that contained in 18 the Contract Documents and officially promulgated addenda thereto, shall be 19 binding upon the City. 20 21 4.1.6. Perform independent research, investigations, tests, borings, and such other means 22 as may be necessary to gain a complete knowledge of the conditions which will be 23 encountered during the construction of the project. On request, City may provide 24 each Bidder access to the site to conduct such examinations, investigations, 25 explorations, tests and studies as each Bidder deems necessary for submission of a 26 Bid. Bidder must fill all holes and clean up and restore the site to its former 27 conditions upon completion of such explorations, investigations, tests and studies. 28 29 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 30 cost of doing the Work, time required for its completion, and obtain all information 31 required to make a proposal. Bidders shall rely exclusively and solely upon their 32 own estimates, investigation, research, tests, explorations, and other data which are 33 necessary for full and complete information upon which the proposal is to be based. 34 It is understood that the submission of a proposal is prima -facie evidence that the 35 Bidder has made the investigation, examinations and tests herein required. Claims 36 for additional compensation due to variations between conditions actually 37 encountered in construction and as indicated in the Contract Documents will not be 38 allowed. 39 40 4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 41 between the Contract Documents and such other related documents. The Contractor 42 shall not take advantage of any gross error or omission in the Contract Documents, 43 and the City shall be permitted to make such corrections or interpretations as may 44 be deemed necessary for fulfillment of the intent of the Contract Documents. 45 46 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 47 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised August 21, 2015 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 2 the site which have been utilized by City in preparation of the Contract Documents. 3 The logs of Soil Borings, if any, on the plans are for general information only. 4 Neither the City nor the Engineer guarantee that the data shown is representative of 5 conditions which actually exist. 7 4.2.2. those drawings of physical conditions in or relating to existing surface and 8 subsurface structures (except Underground Facilities) which are at or contiguous to 9 the site that have been utilized by City in preparation of the Contract Documents. 10 11 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 12 on request. Those reports and drawings may not be part of the Contract 13 Documents, but the "technical data" contained therein upon which Bidder is entitled 14 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 15 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 16 responsible for any interpretation or conclusion drawn from any "technical data" or 17 any other data, interpretations, opinions or information. 18 19 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 20 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 21 exception the Bid is premised upon performing and furnishing the Work required by the 22 Contract Documents and applying the specific means, methods, techniques, sequences or 23 procedures of construction (if any) that may be shown or indicated or expressly required 24 by the Contract Documents, (iii) that Bidder has given City written notice of all 25 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 26 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 27 etc., have not been resolved through the interpretations by City as described in 28 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 29 and convey understanding of all terms and conditions for performing and furnishing the 30 Work. 31 32 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 33 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 34 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 35 Documents. 36 37 5. Availability of Lands for Work, Etc. 38 39 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 40 access thereto and other lands designated for use by Contractor in performing the Work 41 are identified in the Contract Documents. All additional lands and access thereto 42 required for temporary construction facilities, construction equipment or storage of 43 materials and equipment to be incorporated in the Work are to be obtained and paid for 44 by Contractor. Easements for permanent structures or permanent changes in existing 45 facilities are to be obtained and paid for by City unless otherwise provided in the 46 Contract Documents. 47 CITY OF PORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised August21, 2015 002I13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 2 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 3 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel 4 the award of contract at any time before the Bidder begins any construction work on the 5 project. 6 7 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 8 way, easements, and/or permits, and shall submit a schedule to the City of how 9 construction will proceed in the other areas of the project that do not require permits 10 and/or easements. 11 12 6. Interpretations and Addenda 13 14 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 15 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 16 received after this day may not be responded to. Interpretations or clarifications 17 considered necessary by City in response to such questions will be issued by Addenda 18 delivered to all parties recorded by City as having received the Bidding Documents. 19 Only questions answered by formal written Addenda will be binding. Oral and other 20 interpretations or clarifications will be without legal effect. 21 22 Address questions to: 23 24 City of Fort Worth 25 1000 Throckmorton Street 26 Fort Worth, TX 76102 27 Attn: Mike Bennett, Transportation/Public Works Department 28 Fax: None 29 Email: mike.bennett@fortworthtexas.gov 30 Phone:817-392-7891 31 32 33 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 34 City. 35 36 6.3. Addenda or clarifications may be posted via Buzzsaw at <nsert Link to Documents. 37 38 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 39 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 40 Project. Bidders are encouraged to attend and participate in the conference. City will 41 transmit to all prospective Bidders of record such Addenda as City considers necessary 42 in response to questions arising at the conference. Oral statements may not be relied 43 upon and will not be binding or legally effective. 44 45 7. Bid Security 46 47 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 48 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 49 the requirements of Paragraphs 5.01 of the General Conditions. 50 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised August 21, 2015 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 4 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 9 S. Contract Times 10 The number of days within which, or the dates by which, Milestones are to be achieved in I I accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or -Equal" Items 19 The Contract, if awarded, will be on the basis of materials and equipment described in the 20 Bidding Documents without consideration of possible substitute or "or -equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City, application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 26 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 27 28 11. Subcontractors, Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 31 12-2011 (as amended), the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts. A copy of the Ordinance can be 33 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 34 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 35 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 36 Venture Form as appropriate. The Forms including documentation must be received 37 by the City no later than 2:00 P.M. CST, on the second business days after the bid 38 opening date. The Bidder shall obtain a receipt from the City as evidence the 39 documentation was received. Failure to comply shall render the bid as non- 40 responsive. 41 42 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 43 or organization against whom Contractor has reasonable objection. 44 45 12. Bid Form 46 47 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 48 obtained from the City. 49 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised August 21, 2015 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives, the words "No Bid," 5 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or famish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals, the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37 Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 46 envelope, marked with the City Project Number, Project title, the name and address of 47 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 48 through the mail or other delivery system, the sealed envelope shall be enclosed in a separate 49 envelope with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised August 21, 2015 002113-8 INSTRUCTIONS TO BIDDERS Page S of 9 1 14. Modification and Withdrawal of Bids 3 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 4 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 5 must be made in writing by an appropriate document duly executed in the manner 6 that a Bid must be executed and delivered to the place where Bids are to be submitted 7 at any time prior to the opening of Bids. After all Bids not requested for withdrawal 8 are opened and publicly read aloud, the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City, be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates (if any) will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without Iimitation the rights 27 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder, whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price, contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders, Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised August 21, 2015 0021 13 - 9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs, maintenance requirements, performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications, and financial 12 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization, work of a value not less than 17 35% of the value embraced on the Contract, unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised August 21, 20 t5 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent (hereinafter referred to as "You") to a City of Fort Worth procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIQ Form) and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) pursuant to state law. You are urged to consult with counsel regarding the applicability of these forms to your company. The referenced forms may be downloaded from the links provided below. http://www.ethics.state.tx.us/forms/C[Q.12df http://www.ethics.state.tx.uslforms/C]S.Pdf ❑ CIQ Form does not apply P CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply D CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: McMahon Contracting L.P. By: Shawn c honk 3019 Roy Orr Blvd Sig ture: d Grand Prairie, Texas 75050 Title: Manager END OLD SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20171109 Copy of 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook 9.23.19 00 41 00 BID FORM Page 1 of 3 TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: City Project No.: 101697 Units/Sections: 1 - Drainage 2 - Water 3 - Sewer 1. Enter Into Agreement SECTION 00 4100 BID FORM Keller Haslet Road Culvert 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. G. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Copy of 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 9,23.19 00 41 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Transmission, Urban/Renewal, 24-inches and smaller b. Sewer Bypass Pumping, 18-inches and smaller c. Sewer Collection System, Urban/Renewal, 12-inches and smaller d. Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) 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 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project_ Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 1200 35 13—Bid Proposal Workbook 9.23.19 00 41 00 BID FORM Page 3 of 3 subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete Total Base Bid <use this if applicable, otherwise delete $1,717,505.78 Total Bid 7. Bid Submittal This Bid is submitted on 9/26/19 Respectfu itted, B. / (Signature) Shawn McMahon (Printed Name) Title: Manager Company: McMahon Contracting L.P. Address: 3019 Roy Orr Blvd Grand Prairie, Texas 75050 State of Incorporation: " 1,6111l-HWO Email: will9DrncmahQnc9ntractina.com Phone: 972-263-6907 END OF SECTION #REF! #REF! #REF! $1,717,505.78 by the entity named below. Receipt is acknowledged of the Initial following Addenda: Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 9.23.19 00 42 43 BID PROPOSAL Page 1 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Biddees Proposal Bidlist Item No, Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Unit 1 - Drainage 1 CONSTRUCTION STAKING 01 7123 LS 1 $3,552.64 $3,552.64 2 RED LINE AS -BUILT SURVEY 01 71 23 LS 1 $6,832.00 $6,832,00 3 REMOVEFENCE 024113 LF 190 $5.66 $1,075.40 4 REMOVE METAL BEAM GUARD FENCE 0241 13 LF 210 $8.20 $1,722.00 5 REMOVE MISC. CONC. STRUCTURE 0241 13 SF 2070 $2.56 $5,299.20 6 REMOVE ASPHALT PAVEMENT 0241 15 SY 1520 $7.54 $11,460.80 7 REMOVE 48" STORM LINE ALL TYPES) 0241 14 LF 90 $31.13 $2,801.70 8 SITE CLEARING 31 1000 LS 1 $77,770.34 $77,770.34 9 UNCLASSIFIED EXCAVATION BY PLAN 31 23 16 CY 1980 $24.65 $48,807.00 10 BORROW BY DELIVERY 31 23 23 CY 1000 $14.64 $14,640.00 11 EMBANKMENT BY PLAN 31 24 00 CY 1000 $8.07 $8,070.00 12 SWPPP -1 ACRE 31 25 00 LS 1 $5,282.60 $5,282.60 13 6" FLEX BASE, TYPE D, GRADE 1 3211 23 SY 610 $19.71 $12,023.10 14 HYDRATED LIME 32 11 29 TN 24 $197.64 $4,743.36 15 6" LIME TREATMENT 32 11 29 SY 1580. $3.65 $5,767.00 16 2" ASPHALT PAVEMENT, TYPE D PG 76-22 321216 SY 1460 $20.13 $29,389.80 17 6" ASPHALT BASE TYPE B PG 64-22 32 12 16 SY 1460 $51.24 $74,810.40 18 4" SLD PAVEMENT MARKING HAS (W) 32 17 23 LF 1100 $1.28 $1,408.00 19 4" SLR PAVEMENT MARKING HAS (Y) 32 17 23 LF 1100 $1,28 $1,408.00 20 REFL RAISED MARKER TY II -A -A 32 17 23 EA 16 $24.40 $390.40 21 TXDOT STD RETAINING WALL - RW 1 (L) C 32 32 13 SF 2840 $60.01 $170,428.40 22 BLOCK SOD PLACEMENT 32 92 13 SY 200 $17.08 $3,416.00 23 SEEDING, HYDROMULCH 329213 SY 3100 $1.53 $4,743.00 24 36" RCP, CLASS III 3341 10 LF 55 $135.51 $7,453.05 25 9'x6' PRECAST BOX CULVERT 3341 10 LF 252 $738.26 $186,041.52 26 REMOVE AND REINSTALL SIGN PANEL AND POST 34 41 30 EA 2 $481.90 $963.80 27 TRAFFIC CONTROL 3471 13 MO 6 $3,137.09 $18,822.54 28 PORTABLE MESSAGE SIGN 3471 13 WK 20 $2,702.00 $54,040.00 29 REMOVE & SALVAGE FLOOD WARNING EQUIPMENT 0241 13 LS 1 $10,248.00 $10,248.00 30 12" CONCRETE APRON / DROP STRUCTURE 03 30 00 SY 170 $265.16 $45,077.20 31 BAFFLE BLOCKS 03 30 00 EA 45 $133.02 1 $5,985.90 32 6" CONCRETE APRON / FLUME 1 DROP STRUCTURE 03 30 00 SY 630 $128.75 $81,112.50 33 TURF REINFORCING MAT (MIRAMAT TM8 OR APPROVED EQUAL) 31 25 00 SY 400 $30.20 $12,080.00 34 EXTENDED CURB (TxDOT STD. ECD) 32 32 13 LF 102 $171_57 $17,500.14 35 TOE TxDOT STD. PW) 32 32 13 LF 102 $122,13 $12,457.26 36 PEDESTRIAN HANDRAIL (TYPE PRII) TxDOT 450 LF 470 $113.51 $53,349.70 37 METAL BEAM GUARD FENCE & END TREATMENTS TxDOT 540 & 544 LF 1020 $60.02 $61,220.40 38 ARTICULATED CONCRETE BLOCKS (ARMORFLEX 70-L OR APPROVED EQUAL) 31 37 00 SY 540 $110.02 $59,410.80 39 CONCRETE ENCASEMENT FOR UTILITY PIPES 330510 CY 4 $318.45 $1,273.80 40 CONSTRUCTION ALLOWANCE LS 1 $75,000.00 $75,000.00 Unit 1 - Drainage Subtotal $1,197,877.75 CITY OF FORT WORTII STANDAR➢ CONSTRUCTION SPECIFICATION DOCUMENTS Perm Revised 20120120 Copy of 00 41 00_00 43 13_00 42 43.00 43 3700 45 12_00 35 13-Bid Proposal Workbook 9.23.19 00 42 43 BID PROPOSAL Page 2 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlis# Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value Unit 2 -Water Bid either A (Ductile Iron) or B (Concrete AWWA C303.) -A 24" DIP WATER, CSS BACKFILL (Restrained Joints) 3311 10 LF 360 $366.95 $132,102,00 —1 1 B 24" CONCRETE AWWA C303 WATER PIPE, CSS BACKFILL (Restrained Joints) 3311 13 LF 360 2 A-1 DUCTILE IRON WATER FITTINGS WIRESTRAINT 3311 11 TON 2 $11,500.64 $23,001.28 2-A 2 C303 WATER FITTINGS WIRESTRAINT (for use with DIP Option; All Required Adaptors/Reducers, etc.) 3311 13 LS 1 $41,661.43 $41,661.43 2-13 C303 WATER FITTINGS W/RESTRAINT (for use with C303 Option; All Required Adaptors and Fittings, etc.) 3311 13 LS 1 3 A DIP CATHODIC PROTECTION SYSTEM PER CITY STANDARD DETAILS 33 04 12 LS 1 $11,740.20 $11,740.20 3 B C303 CATHODIC PROTECTION SYSTEM PER CITY STANDARD DETAILS 33 04 12 L5 1 Bid either A (Ductile Iron) or B (Concrete AWWA C303) 4 CONSTRUCTION STAKING 01 7123 LS 1 $3,552.64 $3,552.64 5 RED LINE AS -BUILT SURVEY 01 7123 LS 1 $6,832.00 $6,832.00 6 TRENCH SAFETY 33 05 10 LF 360 $3.05 $1,098.00 7 24" GATE VALVE WI VAULT 33 12 20 EA 2 $33,691.59 $67'383.18 8 8" BLOW OFF VALVE 33 12 60 EA 1 $8,061.73 $8,061.73 9 CATHODIC PROTECTION TEST STATION ADJUSTMENT 33 05 14 EA 2 - 2 $1,562.56 $3,125.12 10 EXPLORATORY EXCAVATION OF EXISTING UTILITIES 33 05 30 EA $1,177.14 $2,354.28 11 UTILITY MARKERS 33 05 26 LS 1 $937.85 $937.85 12 VALVE BOX ADJUSTMENT 330514 EA 2 $592.18 $1,184.36 13 REMOVE 21" CONCRETE WATER LINE 0241 14 LF 320 $56.62 $18,118.40 14 CONNECT TO EXISTING 21" CONCRETE WATER MAIN 33 12 25 EA 2 $17,189.55 $34,379.10 15 ARTICULATED CONCRETE BLOCKS (ARMORFLEX 70-L OR APPROVED EQUAL) 31 37 00 SY 60 $110.02 $6,601.20 16 CONSTRUCTION ALLOWANCE LS 1 $25,000.00 $25,000.00 Unit 2 - Water Subtotal $387,132.77 Unit 3 - Sewer 1 12" DIP SEWER (BY OPEN CUT), CSS BACKFILL with PROTECTO 401 COATING 33 11 10 LF 176 $176.86 $31,127.36 2 CONSTRUCTION STAKING 01 71 23 LS 1 $3,552.64 $3,552.64 3 RED LINE AS -BUILT SURVEY 01 71 23 LS 1 $6,832.00 $6,832.00 4 MANHOLE ADJUSTMENT, MINOR 33 05 14 EA 2 $1,683.34 $3,366.68 5 TRENCH SAFETY 33 05 10 LF 180 $2.71 $487.80 6 POST -CCTV INSPECTION A 3301 31 LF 176 $2.87 $505.12 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook 9.23.19, 00 42 43 BID PROPOSAL Page 3 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 7 MANHOLE VACUUM TESTING 3301 30 EA 2 $152.50 $365.00 8 BYPASS PUMPING 33 03 10 LS 1 $30,138.84 $30,138.84 9 EPDXY MANHOLE LINER (WARREN ENVIRONMENTAL or CHESTERTON) 33 39 60 VF 24 $474.66 $11,391.84 10 4' MANHOLE 33 39 10, 33 39 20 EA 2 $3,397.06 $6,794.12 11 EXTRA DEPTH MANHOLE 34 39 10, 33 39 20 VF 12 $382.22 $4.586.64 12 CONCRETE COLLAR 330517 EA 2 $1,554.65 $3,109.30 13 24" CASING BY OPEN CUT 33 05 22 LF 108 $234.24 $25,297.92 14 CONSTRUCTION ALLOWANCE LS 1 $5,000.00 $5,000.00 Unit 3 - Sewer Subtotal $132,496.26 Bid Summary Base Bid Unit 1 - Drainage , _ _ _ _.._ $1,197,877.75 Unit 2 - Water _ _ _ ._ _ _ _ _ _ $387,132.77 Unit 3 - Sewer $132 495 26 Total Base Bidi $1,717,505.78 Total Bidl $1,717,505.78 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Copy of00 41 00 00 43 13_00 42 43 00 43 37 00 45 12 00 35 13 Bid Proposal Workbook 9.23.19 SEC'" ON 40 4313 DID BOND KNOW ALL. BY THESE PRESENTS_ 00 43 13 BID BOND Page 1 or 2 That we_ McMahon Contracting, LP , known as "Bidder" herein and Colonial American Casualty and Surety Company a corporate surety duly authorized to do business in the State of Texas, known as 'Surety"herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuantto the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas forthe paymentofwhlch sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointiyand severally, firmly bythese presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as Keller Haslet Road Culvert NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or falls to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDER FURTHER, that if any legal action be filed.on this Bond, venue shall lie in Tarrant County, Texas orthe United States District Courtforthe Northern District of Texas. Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 23rd day of September 2019. ATTEST: Witness as to Principal PRINCIPAL: McMahon Contractina..LP BY. { \_Z_igpbture Na a and Title 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20171109 00 41 01 W 431%00 42 4300 43 3700 4512 00 3513 Bid Proposal Workbok SA8.19_xis j 1� Witness as to Surety Attach Power ofAttorney (Surety) forAttomey-in-Fact 004313 BID BOND Page 2of2 Address: 3019 Roy Orr Blvd. Grand Prairie, TX 75050 SURETY: Colonial American Casualty and Surety Company "Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone Number: 214/989-0000 'Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation_ If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION 5PECI FICA 1 ION DOCUMENTS Form Revised 201711(19 00 41 00_00 43 1300 42 4300 43 37 00 45 1200 36 13_Bid Proposal Workbeok 9.19.19-As ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Ricardo J. REYNA, Tina MCEWAN, Don E. CORNELL, Joshua SAUNDERS, Robbi MORALES, Sophinie HUNTER, Kelly A. WESTBROOK and Tonic PETRANEK, all of Dallas, Texas, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertalungs, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 0 day of April, A.D. 2019. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: RobertD. Murray Vice President By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 9th day of April A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A. Dunn, Notary Public My Commission Expires: July 9, 2019 Texas important notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Zurich North America's toll -free telephone number for information or to make a complaint at: 1-800-382-2150 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) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ZURICH AVISO IMPORTANTE Para obtener informacion o Para presentar una queja: Usted puede Ilamar al nOmero de telefono gratuito de Zurich North America's Para obtener informacion o Para presentar una queja al: 1-800-382-2150 Usted puede comunicarse con el Departamento de Se- guros de Texas Para obtener informacion sobre com- panfas, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamacion, usted debe comunicarse con la compah[a primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente Para propositos informativos y no se con- vierte en parte o en condicion del documento adjunto. U-GU-296-E (06/16) Page 1 of 1 004337 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of i ' : . 1 1 - .,, 1 , , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. Cl BIDDER: McMahon Contracting L.P. 3019 Roy Orr Blvd Grand Prairie, Texas 75050 END OF SECTION By: Shawn McMahon P S (Signature) Title: Manager Date: % CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 00 41 00_00 43 13_00 42 43_00 43 3700 46 1200w35 13_Bid Proposal Workbook 9.23.19 004511-1 BIDDERS PREQUALIFICATIONS Page I of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 31 st 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/taUcrmit/ 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 Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalifleation Application. A Bidder Prequalifcation Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "NIA" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 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 Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 00 45 12 BID FORM Page 1 of 1 SECTION 00 455 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalifed contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Prequalification Major Work Type Contractor/Subcontractor Company Name Expiration Date Water Transmission, Urban/Renewal, 24-inches and MCMAHON CONTRACTING 1/31/2020 smaller Sewer Bypass Pumping, 18- SUNBELT RENTAL Bale I-Iere or space inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and MCMAHON CONTRACTIN JAN 31 2020 smaller Asphalt Paving ConstructionlReconstruction REYES 5/1/2020 (LESS THAN 15,000 square yards) The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: McMahon Contracting L.P. By: McMahon 3019 Roy Orr Blvd (Signature) Grand Prairie, Texas 75050 Title: Manager Date: 4 �l� END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Copy of 00 410000 43 13_00 42 4300 43 3700 45 1200 35 13Bid Proposal Workbook 9.23.19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 101492. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: a p QmkWhNM V! By: SCION mwmpn Company m rint) �Dlq Signature: i( ( Address ffq"w (To Title: ity/State/Zip , 1 (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared SMWVL y , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of NWAakix &VLVA&WA VP . _ for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of i =IH111EY MCMAHON 1A.Aotary Public 114ate of Texast Public in and for the State of Texas E129906663 pires 08 04-2022 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 004540-1 Minority Business Enterprise Specifications Page I of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 6 applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOALS 14 The City's MBE goal on this project is 6% of the total bid value of the contract (Base bid applies to Parks 15 and Community Services). 16 17 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 18 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 22 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or 25 3. Good Faith Effort documentation, or; 26 4. Prime Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 The applicable documents must be received by the Purchasing Division, within the following times 30 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror sliall 31 deliver the tYlBE dowmanuitioo in persoll to the appropfinte cnlployun of the purchnsillg divisiclrt urld 32 ubiuill a dlaIelliIno Tc(!,:ipl. Such receipt shall be evidence IInt the Cily received the docurac ni ji I j ml I11 IIko 33 time allocated. r1 faxed ondlor cmlliled copy wilt nol ITe ampted. 34 35 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if day after the bid opening date, exclusive of the bid opening participation is less than stated oal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised June 9, 2015 2 4 004540-2 Minority Business Enterprise Specifications Page 2 of 2 5. Joint Venture Form, if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. IFAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE I WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE. A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 7 Any Questions, Please Contact The M/WBE Office at (817) 212-2674. 8 END OF SECTION 10 11 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised June 9, 2015 00 52 43 - 1 Agreement Page I of 5 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on is made by and between the City of Fort 5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 6 ("City"), and McMahon Contracting, L.P., authorized to do business in Texas, acting by and 7 through its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Keller Haslet Road Culvert 17 Project No. 101492 18 Article 3. CONTRACT PRICE 19 City agrees to pay Contractor for performance of the Work in accordance with the Contract 20 Documents an amount, in current funds, of One Million Seven Hundred Seventeen Thousand 21 Five Hundred Five and 78/100 Dollars 22 Article 4. CONTRACT TIME 23 4.1 Final Acceptance. 24 The Work will be complete for Final Acceptance within 180 days after the date when the 25 Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 26 plus any extension thereof allowed in accordance with Article 12 of the General 27 Conditions. 28 4.2 Liquidated Damages 29 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 30 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 31 not completed within the tirne(s) specified in Paragraph 4.1 above. The Contractor also 32 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 33 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 34 instead of requiring any such proof, Contractor agrees that as liquidated damages for 35 delay (but not as a penalty), Contractor shall pay City Six Hundred Dollars ($600.00) for 36 each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until 37 the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised 11.15.17 00 52 43 - 2 Agreement Page 2 of 5 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the 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 £ Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Utilization For1x1. 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 Proj ect'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 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 tooperate 79 and be effective even if it is alleged or proven that all or some of the damages being 8o sought were caused in whole or in part, by any 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 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised 11.15.17 00 52 43 - 3 Agreement Page 3 of 5 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 any 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. ill 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. 114 7.6 Authority to Sign. 115 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 116 than the duly authorized signatory of the Contractor. 117 118 7.7 Prohibition On Contracts With Companies Boycotting Israel. 119 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 120 Code, the City is prohibited from entering into a contract with a company for goods or 121 services unless the contract contains a written verification from the company that it: (1) 122 does not boycott Israel; and (2) will not boycott Israel during the term of the contract. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised 11.15,17 00 52 43 - 4 Agreement Page 4 of 5 123 The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms 124 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 125 certifies that Contractor's signature provides written verification to the City that 126 Contractor. (I) does not boycott Israel, and (2) will not boycott Israel during the term of 127 the contract 128 129 7.8 Immigration Nationality Act. 130 Contractor shall verify the identity and employment eligibility of its employees who 131 perform work under this Agreement, including completing the Employment Eligibility 132 , Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of - .133 all I-9 forms and supporting eligibility documentation for each employee who performs 134. work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 135 establish appropriate procedures and controls so that no services will be performed by any 136 Contractor employee who is not legally eligible to perform such services. 137 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 138 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 139 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, ;_s..140 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 14.1 Contractor, shall have the right to immediately terminate this Agreement for violations of 142 this provision by Contractor. 143 144 7.9 No Third -Party Beneficiaries. 145 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 146 and there are no third -party beneficiaries. 147 148 7.10 No Cause of Action Against Engineer. 149 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 150 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 151 subcontractors, for any claim arising out of, in connection with, or resulting from the 152 engineering services performed. Only the City will be the beneficiary of any undertaking by 153 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 154 whether as on -site representatives or otherwise, do not make the Engineer or its personnel 155 in any way responsible for those duties that belong to the City and/or the City's construction 156 contractors or other entities, and do not relieve the construction contractors or any other 157 entity of their obligations, duties, and responsibilities, including, but not Iimited to, all 158 construction methods, means, techniques, sequences, and procedures necessary for 159 coordinating and completing all portions of the construction work in accordance with the 160 Contract Documents and any health or safety precautions required by such construction 161 work. The Engineer and its personnel have no authority to exercise any control over any 162 construction contractor or other entity or their employees in connection with their work or 163 any health or safety precautions. 164 165 SIGNATURE PAGE TO FOLLOW 166 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised 11.15.17 167 168 169 170 171 172 173 174 175 176 177 178 005243-5 Agreement Page 5 of 5 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: I�IG�a-huh Cai'1'V?CIGfi�1G� �- p P (Signature) a4lo II 5m&%R (Printed Name) Title: aq*. Address: Wq ' l Off 197,AU A City/State/Zip: govk Itfb Date City of Fort Worth By: - J)�6a BU'1.6doff Interim Assistant City Manager Date (�{y Attest: City Secreta C-i i� (Seal) a' M&C 19 r 0 iI Date: ,qo1 r� t Form 1295 No a D l q— Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all peyformance and reporting requiren=Int 1 eicho Bennett Proj ct Manager Approved as to Form and Legality: Q A DougVs.lack Assistant City Attorney APPROVAL RECO . �e William 7o son DIRECTOR, Transportation & Public Works CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 11.15.17 I RTY SE-CR o ]01492 a'T W111ORT y Y Bond No. 9330021 0061 13 - 1 PERFORMANCE BOND Page I of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, McMahon Contracting, L.P., known as "Principal" herein and 9 Colonial American Casualty and Surety 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 it 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, One Million Seven 13 Hundred Seventeen Thousand Five Hundred Five and 78/100 Dollars ($1,717,505.78), lawful 14 money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of 15 which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, 16 successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 11 9 day of NDy fM ey- , 20 j, 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 Keller Haslet Road Culvert, City Project 22 Number 101492. 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 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 3I Worth Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised duly 1, 2011 Keller Haslet Road Culvert Project No. 101492 006113-2 PERFORMANCE13OND Page 2 of I This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 4 day of 6 NOVIMk , 20A. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Smy SHANDyBbG7GyS Notarlic State of Texas ID # 13170548-5 Comm. Expires 08-30-2022 ATMEST: t' ' {Principal) teerelarq,I�I M°Makgt , &6-W Ado With s as to Surety PRINCIPAL: McMahon Contracting. L.P BY: Signature (SwWA Ah- hL MM , Name and Title I Address: 3019 Roy Orr Blvd. Grand Prairie, TX 75050 SURETY: Colonial American Casualty and Surety Company Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone Number: 214/989-0000 `Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 Bond No. 9330021 B 0061 14 - 1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § ]KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, McMahon Contracting. -_L.P„ known as "Principal" herein, and 9 Colonial American Casualty and Surety Company_ a corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 13 penal sum of One Million Seven Hundred Seventeen Thousand Five Hundred Five and 78/100 14 Dollars ($1,7I7,505.78), lawful money of the United States, to be paid in Fort Worth, Tarrant 15 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our 16 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents: 1s WHEREAS, Principal has entered into s certain written Contract with City, awarded the 19 di ay of ��� , 20 I -I , which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated as Keller Haslet Road Culvert, City Project No. 101492. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 8 9 10 11 12 0061 14 - 2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the —q it day of 3 NOV1YY 1f%Y . 20 K . 4 SHA1�1bA BOGGS4&M Notary PublicState of Texasy Comm f# xpire�083 0 2022 ATTEST: (Principal •Secre ary r Q Witness as to Principal ATTEST: " " Wifiniss as to Surety PRINCIPAL: McMahon Contracting, L.P BY: ign ure Name and Title Address: 3019 Roy Orr Blvd. Grand Prairie, TX 75050 SURETY: Colonial American Casualty and Surety Company BY: s 2Z-t Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone Number: 214/989-0000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 10149.2 Revised Iuly 1, 2011 Bond No. 9330021 0061 19 - 1 j MAINTENANCE BOND Page I of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS- 6 COUNTY OF TARRANT § 7 8 That we McMahon Contracting, L.P. known as "Principal" herein and 9 Colonial American Casualty and Surety 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 i l 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 One Million 13 Seven Hundred Seventeen Thousand Five Hundred Five and 78/100 Dollars ($1,717,505.78), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment 15 of which sum well and truly be made unto the City and its successors, we bind ourselves, our 16 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the 10 day of N OV Q 20 ,which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 24 the "Work") as provided for in said contract and designated as Keller Haslet Road Culvert, City 25 Project Number 101492; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship .for and during the period of two (2) years 30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period, CITY OF FORT WORTH Keller I4asiet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July I, 2011 I 40 61 19 - 2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any defective Work, for which timely notice was provided by City, to a completion 4 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED, HOWEVEB,if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northem District of Texas, Fort 14 Worth Division; and 15 16 PROVIDED FURTHER, that this obligation shall be continuous in nature and 17 successive recoveries maybe had hereon for successive breaches. 18 19 20 CfrX OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 006I 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNET] and SEALED this 2 instrumenl`, t,,byduly authorized agents and officers on this the �_ day of 3 N" Y1�1� . 20d_. 4 5 6 7 8 9 10 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 o��pY Apt! SHANDA BOGGS Notary Public �e State ofiexas 9TFof��� M� Oomm#Exiires0083 0 2022 A71' (Prineipal ecretarM, ATWS (Sure Secre IGhG[iU'tfl� n s as to Surety PRINCIPAL: McMahon Contracting, L.P. BYC4it6irwe -iayilh `ylCw4ShrMl/1aY/Y� Name and Title Address: 3019 Roy Orr Blvd. Grand Prairie. TX 75050 SURETY: Colonial American Casualty and Surety Company BY: Siguature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone Number: 2141989-0000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CrrY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIMCATION DOCUMENTS Project No. 101492 Revised July 1, 2011 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Ricardo J. REYNA, Tina MCEWAN, Don E. CORNELL, Joshua SAUNDERS, Robbi MORALES, Sophinie IIUNTER, Kelly A. WESTBROOK and Tonie PETRANEK, all of Dallas, Texas, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said 'Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8'" day of November, A.D. 2019. yro"3 , s1,o e7ros�r _ 8z aim ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President i (irL 4 lthjeK_� By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this 8th day of November A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly swom, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal the day and year first above written. rpu:u�tj� ,.,P. �•'.7;�y''f '_`. �➢�t9�i •irk! nstance A. ary Public nEx Expires: 7 ly 9, 2023 My p Yo Commission On EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attome s-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time. CERTIFICATE 1, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICFI AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of ws .. q Dtlpj - x ti ,f 6 UAL Oa V6 a� By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.nortsfelaimsaa.zurichna.com 800-626-4577 Texas Important Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Zurich North America's toll -free telephone number for information or to make a complaint at: 1-800-382-2160 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-262-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ZURICH AVISO IMPORTANTE Para obtener informaci6n o para presentar una queja: Usted puede Ilamar al numero de telefono gratuito de Zurich North America's para obtener informaci6n o para presentar una queja al: 1-800-382-2160 Usted puede comunicarse con el Departamento de Se- guros de Texas para obtener informaci6n sobre com- panias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamation, usted debe comunicarse con la companfa primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU P6LIZA: Este aviso es solamente para prop6sitos informativos y no se con- vierte en parte o en condici6n del documento adjunto. U-GU-296-E (06115) Page 1 of 1 This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS v CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.......................................................................................3 2. Unintentional Failure to Disclose Hazards..............................................................................9 3. Damage to Premises Rented to You.......................................................................................9 4. Supplementary Payments...................................................................................................... 10 5. Medical Payments................................................................................................................... 10 6. 180 Day Coverage for Newly Formed or Acquired organizations ..................................... 10 7. Waiver of Subrogation............................................................................................................ 11 8. Automatic Additional Insured - Specified Relationships: .......... ................ ........... 11 Managers or Lessors of Premises; Lessor of Leased Equipment; Vendors; a State or Governmental Agency or Subdivision or Political Subdivision e Permits or Authorizations Relating to Premises; and Mortgagee, Assignee or Receiver 9. Property Damage to Borrowed Equipment.......................................................................... 14 10. Employees as Insureds - Specified Health Care Services and Good Samaritan Services......................................................................................... 11. Broadened Notice of Occurrence.......................................................................................... 15 12. Nonowned Aircraft.................................................................................................................. 15 13. Bodily Injury Redefined.........................................................................................................15 14. Expected or Intended Injury Redefined................................................................................ 15 15. Former Employees as Insureds............................................................................................ 15 16. Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage.............................................................................. ........... 16 17. Broadened Contractual Liability - Work Within 50' of Railroad Property .........................17 18. Alienated Premises................................................................................................................. 17 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations, or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $ 2,500 Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 1 of 17 b. Loss of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage to Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage a.) And Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b. $5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area ( For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody or $ Control TOTAL ANNUAL PREMIUM $ Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc_, with its permission. Page 2 of 17 C. Coverages this endorsement pro- 1. Employee Benefit Liability Coverage vided you did not have knowledge of a claim or a. The following is added to Section I - "suit" on or before the Coverages: "first effective date" of this endorsement. Employee Benefit Liability Cover- age You will be deemed to have knowledge of a (1) Insuring Agreement claim or "suit" when any (a) We will pay those sums that "authorized representa- tive"; the insured becomes legally obligated to pay as damag- a) Reports all, or any es caused by any act, error part, of the act, er- or omission of the insured, ror or omission to or of any other person for us or any other in - whose acts the insured is surer; legally liable, to which this insurance applies. We will b) Receives a written have the right and duty to or verbal demand defend the insured against or claim for dam - any "suit" seeking those ages because of damages. However, we will the act, error or have no duty to defend omission. against any "suit" seeking (2) Exclusions damages to which this in- surance does not apply. We This insurance does not apply to: may, at our discretion, in- vestigate any report of an (a) Bodily Injury, Property act, error or omission and Damage or Personal and settle any claim or "suit" that Advertising Injury may result. But: "Bodily injury", "property 1) The amount we will pay damage" or "personal and for damages is limited advertising injury'. as described in Section (b) Dishonest, Fraudulent, Ill - Limits of Insur- Criminal or Malicious Act ante; and 2) Our right and duty to Damages arising out of any intentional, dishonest, defend ends when we fraudulent, criminal or mali- have used up the appli- cious act, error or omission, cable limit of insurance committed by any insured, in the payment of judg- including the willful or reck- ments or settlements. less violation of any statute. No other obligation or liabil- (c) Failure to Perform a Con ity to pay sums or perform tract acts or services is covered unless explicitly provided for Damages arising out of fail - under Supplementary ure of performance of con - Payments. tract by any insurer. (b) This insurance applies to (d) Insufficiency of Funds damages only if the act, er- ror or omission, is negligent- Damages arising out of an ly committed in the "admin- insufficiency of funds to istration" of your "employee meet any obligations under benefit program"; and any plan included in the "employee benefit program". 1) Occurs during the policy period; or 2) Occurred prior to the "first effective date" of Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 3 of 17 GA 233 TX 09 17 (e) Inadequacy of Perfor- 0) Employment -Related Prac- mance of Invest- tices ment/Advice Given With Respect to Participation Any liability arising out of any: Any claim based upon: (1) Refusal to employ; 1) Failure of any invest- ment to perform; (2) Termination of employ- ment; 2) Errors in providing in- formation on past per- (3) Coercion, demotion, formance of investment evaluation, reassign - vehicles; or ment, discipline, defa- mation, harassment, 3) Advice given to any humiliation, discrimina- person with respect to tion or other employ - that person's decision to ment - related practices, participate or not to par- acts or omissions; or ticipate in any plan in- cluded in the "employee (4) Consequential liability benefit program". as a result of (1), (2) or (3) above. (f) Workers' Compensation and Similar Laws This exclusion applies whether the insured may be Any claim arising out of your held liable as an employer failure to comply with the or in any other capacity and mandatory provisions of any to any obligation to share workers' compensation, un- damages with or repay employment compensation someone else who must pay insurance, social security or damages because of the in - disability benefits law or any jury. similar law. (3) Supplementary Payments (g) ERISA Section I - Coverages, Sup - Damages for which any in- plementary Payments - Cover- sured is liable because of li- ages A and B also apply to this ability imposed on a fiduci- Coverage. ary by the Employee Re- tirement Income Security b• Who Is An Insured Act of 1974, as now or As respects Employee Benefit Lia- hereafter amended, or by bility Coverage, Section II - Who is any similar federal, state or an insured is replaced by the follow - local laws. ing: (h) Available Benefits (1) If you are designated in the Dec - Any claim for benefits to the larations as: extent that such benefits are (a) An individual, you and your available, with reasonable spouse are insureds, but on - effort and cooperation of the ly with respect to the con - insured, from the applicable duct of a business of which funds accrued or other col- you are the sole owner. lectible insurance. (i) Taxes, Fines or Penalties (b) A partnership or joint ven- ture, you are an insured. Taxes, fines or penalties, in- Your members, your part- cluding those imposed un- ners, and their spouses are der the Internal Revenue also insureds but only with Code or any similar state or respect to the conduct of local law. your business. (c) A limited liability company, you are an insured. Your Includes copyrighted material of Insurance Services Office, Inc., with its permission_ Page 4 of 17 members are also insureds, the end of the policy period, but only with respect to the whichever is earlier; and conduct of your business. Your managers are in- (b) Does not apply to any act, sureds, but only with respect error or omission that was to their duties as your man- committed before you ac- agers. quired or formed the organi- zation. (d) An organization other than a partnership, joint venture or c. Limits of Insurance limited liability company, you As respects Employee Benefit Lia- are an insured. Your "execu- bility Coverage, Section III - Limits tive officers" and directors of Insurance is replaced by the fol- are insureds, but only with lowing: respect to their duties as your officers or directors. (1) The Limits of Insurance shown in Your stockholders are also Section B. Limits of Insurance, insureds, but only with re- 1. Employee Benefit Liability spect to their liability as Coverage and the rules below fix stockholders. the most we will pay regardless (e) A trust, you are an insured. of the number of: Your trustees are also in- (a) Insureds; sureds, but only with respect to their duties as trustees. (b) Claims made or "suits" brought; (2) Each of the following is also an insured: (c) Persons or organizations making claims or bringing (a) Each of your "employees" "suits'; who is or was authorized to administer your "employee (d) Acts, errors or omissions; or benefit program"; (e) Benefits included in your (b) Any persons, organizations "employee benefit program". or "employees" having prop- (2) The Aggregate Limit shown in er temporary authorization Section B. Limits of Insurance, to administer your "employ- 1. Employee Benefit Liability ee benefit program if you Coverage of this endorsement is die, but only until your legal the most we will pay for all dam - representative is appointed; ages because of acts, errors or or omissions negligently committed (c) Your legal representative if in the "administration" of your you die, but only with re- "employee benefit program". spect to duties as such. That (3) Subject to the limit described in representative will have all (2) above, the Each Employee your rights and duties under Limit shown in Section B. Limits this Coverage Part. of Insurance, 1. Employee (3) Any organization you newly ac- Benefit Liability Coverage of quire or form, other than a part- this endorsement is the most we nership, joint venture or limited will pay for all damages sus - liability company, and over which tained by any one "employee", you maintain ownership or major- including damages sustained by ity interest, will qualify as a such "employee's" dependents Named Insured if no other similar and beneficiaries, as a result of: insurance applies to that organi- (a) An act, error or omission; or zation. However, coverage under this provision: (b) A series of related acts, er- a) Is afforded only until the rors or omissions, regard- less of the amount of time 80th day after you acquire that lapses between such or form the organization or acts, errors or omissions; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc_, with its permission. Page 5 of 17 negligently committed in the d. Additional Conditions "administration" of your "employ- ee benefit program". respects Employee Benefit Lia- p bility Coverage, Section IV - Com- However, the amount paid under mercial General Liability Condi- this endorsement shall not ex- tions is amended as follows: ceed, and will be subject to the limits and restrictions that apply (1) Item 2. Duties in the Event of to the payment of benefits in any Occurrence, Offense, Claim or plan included in the "employee Suit is replaced by the following: benefit program." 2. Duties in the Event of An (4) Deductible Amount Act, Error or Omission, or Claim or Suit (a) Our obligation to pay dam- ages on behalf of the in- a. You must see to it that sured applies only to the we are notified as soon amount of damages in ex- as practicable of an act, cess of the Deductible error or omission which Amount stated in the Decla- may result in a claim. rations as applicable to To the extent possible, Each Employee. The limits notice should include: of insurance shall not be re- (1) What the act, error duced by the amount of this or omission was deductible. and when it oc- (b) The Deductible Amount curred; and stated in the Declarations (2) The names and applies to all damages sus- addresses of any- tained by any one "employ- one who may suf- ee", including such "employ- fer damages as a ee's" dependents and bene- result of the act, ficiaries, because of all acts, error or omission. errors or omissions to which this insurance applies. b. If a claim is made or "suit" is brought against (c) The terms of this insurance, any insured, you must: including those with respect to: (1) Immediately record the specifics of theclaim 1) Our right and duty to or "suit" and defend the insured the date received; against any "suits" and seeking those damag- es; and (2) !Notify us as soon as practicable. 2) Your duties, and the du- ties of any other in- You must see to it that volved insured, in the we receive written no - event of an act, error or tice of the claim or "suit" omission, or claim; as soon as practicable. apply irrespective of the ap- c. You and any other in- plication of the Deductible volved insured must: Amount. (1) Immediately send (d) We may pay any part or all us copies of any of the Deductible Amount to demands, notices, effect settlement of any summonses or le - claim or "suit" and, upon no- gal papers re- tification of the action taken, ceived in connec- you shall promptly reim- tion with the claim burse us for such part of the or "suit"; Deductible Amount as we have paid. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 6 of 17 (2) Authorize us to ob- contributes equal tain records and amounts until it has other infomration; paid its applicable limit of insurance or none of (3) Cooperate with us the loss remains, in the investigation whichever comes first. or settlement of the claim or defense If any of the other in - against the "suit'; surance does not permit and contribution by equal shares, we will contrib- ( 4) Assist us, upon our ute by limits. Under this request, in the en- method, each insurer's forcement of any share is based on the right against any ratio of its applicable person or organi- limit of insurance to the zation which may total applicable limits of be liable to the in- insurance of all insur- sured because of an act, error or ers. omission to which c. Excess Insurance this insurance may also apply. This insurance is ex- cess over any of the d. No insured will, except other insurance, wheth- at that insured's own er primary, excess, con - cost, voluntarily make a tingent or on any other payment, assume any basis that is insurance obligation, or incur any purchased by you to expense without our coverage damages for consent. acts, errors or omis- sions that occurred prior (2) Item 5. Other Insurance is re- to the 'first effective placed by the following: date". 5. Other Insurance e. Additional Definitions If other valid and collectible As respects Employee Benefit Lia- insurance is available to the bility Coverage, Section V - Defini- insured for a loss we cover tions is amended as follows: under this Coverage Part, our obligations are limited as (1) The following definitions are follows: added: a. Primary Insurance 1. "Administration" means: This insurance is prima- a. Providing information to ry except when c. below "employees", including applies. If this insurance their dependents and is primary, our obliga- beneficiaries, with re- tions are not affected spect to eligibility for or unless any of the other scope of "employee insurance is also prima- benefit programs"; ry. Then, we will share with all that other insur- b. Interpreting the "em- ance by the method de- ployee benefit pro- scribed in b. below. grams"; b. Method of Sharing c. Handling records in connection with the If all of the other insur- "employee benefit pro- ance permits contribu- grams'; or tion by equal shares, we will follow this meth- d. Effecting, continuing or od also. Under this ap- terminating any "em- proach each insurer ployee's" participation in Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 7 of 17 GA 233 TX 09 17 any benefit included in c. Unemployment insur- the "employee benefit ance, social security program". benefits, workers' com- However, "administration" pensation and disability benefits; and does not include: a. Handling payroll deduc- d. Vacation plans, includ- ing buy and sell pro- grams; leave of ab- b. The failure to effect or sence programs, includ- maintain any insurance ing military, maternity, or adequate limits of family, and civil leave; coverage of insurance, tuition assistance plans; including but not limited transportation and to unemployment insur- health club subsidies. ante, social security 4. "First effective date" means benefits, workers' com- the date upon which cover- pensation and disability age was first effected in a benefits. series of uninterrupted re- 2. "Cafeteria plans" means newals of insurance cover - plans authorized by applica- age. ble law to allow "employees" (2) The following definitions are de- to elect to pay for certain leted in their entirety and re - benefits with pre-tax dollars. placed by the following: 3. "Employee benefit pro- 8, "Employee" means a person grams" means a program actively employed, formerly providing some of all of the employed, on leave of ab- following benefits to "em- sence or disabled, or retired. ployees", whether provided "Employee" includes a through a "cafeteria plan" or "leased worker". "Employee" otherwise: does not include a "tempo - a. Group life insurance; rary worker". group accident or health 21. "Suit" means a civil proceed - insurance -;dental, vision ing in which money damag- and hearing plans, and es because of an act, error flexible spending ac- or omission to which this in - counts; provided that no surance applies are alleged. one other than an "em- "Suit" includes: ployee" may subscribe to such benefits and a. An arbitration proceed - such benefits are made ing in which such dam - generally available to ages are claimed and to those "employees" who which the insured must satisfy the plan's eligibil- submit or does submit ity requirements; with our consent; b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro - plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in - subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" may subscribe to such c. An appeal of a civil pro - benefits and such bene- ceeding. fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 17 2. Unintentional Failure to Disclose Haz- 2) Rust or other cor- ards rosion, decay, de- Section IV - Commercial General Liabil- terioration, hidden or latent defect or ity Conditions, 7. Representations is any quality in amended by the addition of the following: property that caus- Based on our dependence upon your rep- es it to damage or resentations as to existing hazards, if un- destroy itself; intentionally you should fail to disclose all 3) Smog; such hazards at the inception date of your policy, we will not reject coverage under 4) Mechanical break - this Coverage Part based solely on such down, including failure. rupture or bursting caused centric 3. Damage to Premises Rented to You ugal forcee;; a. The last Paragraph of 2. Exclusions 5) Settling, cracking, under Section I - Coverage A - Bod- shrinking or ex - ily Injury and Property Damage Li- passion; ability is replaced by the following: Exclusions c. through q. do not apply "property 6) Nesting or infesta- tion, or discharge to damage" by fire, expio- or release of waste sion, lightning, smoke or soot to products or secre- premises while rented to you or tem- insects, porarily occupied by you with permis- birds, rodents birds, rodents or sion of the owner, for which the other animals; or amount we will pay is limited to the Damage to Premises Rented to 7) Presence, growth, You Limit as described in Section III proliferation, - Limits of Insurance. spread or any ac- The insurance provided under Sec- tivityb. ud g fungus, in- cluding mold or tion I - Coverage A - Bodily injury mildew, and any and Property Damage Liability ap- mycotoxins, plies to "property damage" arising out spores, scents or of water damage to premises that are byproducts pro - both rented to and occupied by you. duced or released (1) As respects Water Damage Le- by fungi. gal Liability, as provided in Para- (b) "Property damage" caused graph 3.b. above: directly or indirectly by any The exclusions under Section I - of the following: Coverage A - Bodily Injury and (i) Earthquake, volcanic Property Damage Liability, 2. eruption, landslide or Exclusions, other than i. War any other earth move - and the Nuclear Energy Liabil- ment; ity Exclusion (Broad Form), are deleted and the following are (ii) Water that backs up or added: overflows or is other - This insurance does not apply to: wise discharged from a sewer, drain, sump, (a) "Property damage": sump pump or related equipment; (i) Assumed in any con- tract or agreement; or (iii) Water under the ground surface pressing on, or (i i) Caused by or resulting flowing or seeping from any of the follow- through: ing: 1) Foundations, walls, 1) Wear and tear; floors or paved surfaces; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 9 of 17 2) Basements, whether paved or not; or 3) Doors, windows or other openings. (c) "Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (1) You did your best to maintain heat in the building or structure: or (ii) You drained the equip- ment and shut off the water supply if the heat was not maintained. (d) "Property damage" to: (i) Plumbing, heating, air conditioning, fire protec- tion systems, or other equipment or applianc- es; or (ii) The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b. above, the Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (1) Paragraph 6. of Section III - Limits of Insurance is replaced by the following: 6. Subject to Paragraph S. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A - Bodily Injury and Property Dam- age Liability for damages because of "property dam- age" to any one premises: a. While rented to you, or temporarily occupied by you with permission of the owner; b. In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or c. In the case of damage by water, while rented to and occupied by you. (2) The most we will pay is limited as described in Section B. Limits of Insurance, 3. Damage to Prem- ises Rented to You of this en- dorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A and B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Sec- tion B. Limits of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work, 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. 180 Day Coverage for Newly Formed or Acquired Organizations Section II - Who is an Insured is amended as follows: Subparagraph a. of Paragraph 3. is re- placed by the following: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc_, with its permission. Page 10 of 17 a. Insurance under this provision is af- ance, but only with respect forded only until the 180th day after to liability arising out of the you acquire or form the organization ownership, maintenance or or the end of the policy period, use of that part of the prem- whichever is earlier; ises leased to you, subject to the following additional 7. Waiver of Subrogation exclusions: Section IV - Commercial General Liabil- This insurance does not ap- ity Conditions, 9. Transfer of Rights of ply to: Recovery Against Others to us is amended by the addition of the following: (i) Any `occurrence" which We waive any right of recovery we may takes place after you cease to be a tenant in have against any person or organization that premises; against whom you have agreed to waive such right of recovery in a written contract (ii) Structural alterations, or agreement because of payments we new construction or make for injury or damage arising out of demolition operations your ongoing operations or "your work" performed by or on be - done under a written contract or agree- half of such additional ment with that person or organization and insured_ included in the "products -completed oper- ations hazard". However, our rights may () Equip - only be waived prior to the 'occurrence" ment giving rise to the injury or damage for Any person or organization which we make payment under this Cov- from whom you lease erage Part. The insured must do nothing equipment when you and after a loss to impair our rights. At our re- such person(s) or organiza- quest, the insured will bring "suit" or trans- tion(s) have agreed per Par- fer those rights to us and help us enforce agraph 8.a.(1) of this en - those rights. dorsement to provide insur- 8. Automatic Additional Insured - Speci- ance. Such person(s) or or- fied Relationships ganization(s) are insureds only with respect to liability a. The following is added to Section 11 - for "bodily injury", "property Who is an Insured: damage" or "personal and advertising injury" caused, in (1) Any person(s) or organization(s) whole or in part, 6y your described in Paragraph 8.a.(2) of maintenance, operation or this endorsement (hereinafter re- use of equipment leased ferred to as additional insured) or - by such person(s) oror whom you are required to add as ganyou A person s or an additional insured under this organs anon). organizations status an Coverage Part by reason of a under additional insured under this written contract, written agree- endorsement ends when ment, written permit or written their contract or agreement authorization. with you for such leased (2) Only the following persons or or- equipment ends. However, ganizations are additional in- this insurance does not ap- sureds under this endorsement, ply to any 'occurrence" and insurance coverage provided which takes place after the to such additional insureds is lim- equipment lease expires. ited as provided herein: (c) Vendors (a) Managers or Lessors of Any person or organization Premises (referred to below as ven- The manager or lessor of a dor) with whom you have premises leased to you with agreed per Paragraph whom you have agreed per 8.a.(1) of this endorsement Paragraph 8.a.(1) of this en- to provide insurance, but en- dorsement to provide insur- ly with respect to "bodily in- jury" or 'property damage" Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 11 of 17 arising out of "your products" or sale of the which are distributed or sold products; in the regular course of the vendor's business, subject 5) Demonstration, in- to the following additional stallation, servicing exclusions: or repair opera- tions, except such (i) The insurance afforded operations per - the vendor does not formed at the ven- apply to: dor's premises in 1) "Bodily injury" or connection with the sale of the product; "property damage" for which the ven- 7) Products which, af- dor is obligated to ter distribution or pay damages by sale by you, have reason of the as- been labeled or re- sumption of liability labeled or used as in a contract or a container, part or agreement. This ingredient of any exclusion does not other thing or sub - apply to liability for stance by or for the damages that the vendor; or vendor would have in the absence of 8) "Bodily injury" or the contract or "property damage" agreement; arising out of the sole negligence of 2) Any express war- the vendor for its ranty unauthorized own acts or omis- by you; sions or those of 3) Any physical or its employees or anyone else acting chemical change in on its behalf, How - the product made ever, this exclusion intentionally by the does not apply to: vendor; 4) Repackaging, ex- a) The excep- tions contained cept when un- in in ph gr Paraas a a packed solely for (c{i) the purpose of in- ththis of en- spection, demon- or stration, testing, or the substitution of b) Such inspec- parts under in- tions, adjust- structions from the ments, tests or manufacturer, and servicing as then repackaged in the vendor has the original con- agreed to tainer; make or nor- 5) Any failure to make mally under - takes to make such inspections, in the usual adjustments, tests course of or servicing as the business, in vendor has agreed connection to make or normal- t with t he distri- wit t ly undertakes to or sale make in the usual of of the prod - course of busi- ness, in connection with the distribution Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 12 of 17 (ii) This insurance does not (iii) The ownership, mainte- apply to any insured nance or use of any el - person or organization: evators covered by this 1) From whom you insurance. have acquired (e) Mortgagee, Assignee or such products, or Receiver any ingredient, part or container, enter- Any person or organization ing into, accompa- with whom you have agreed nying or containing per Paragraph 8.a.(1) of this such products; or endorsement to provide in- surance, but only with re- 2) When liability in- spect to their liability as cluded within the mortgagee, assignee, or re- "products- ceiver and arising out of the completed opera- ownership, maintenance, or tions hazard" has use of the premises by you. been excluded un- However, this insurance der this Coverage does not apply to structural Part with respect to alterations, new construction such products. and demolition operations (d) State or Governmental perfon-ned by or for that per - son or organization. Agency or Subdivision or Political Subdivision - (3) The insurance afforded to addi- Permits or Authorizations tional insureds described in Par - Relating to Premises agraph 8.a.(1) of this endorse - Any state or governmental ment: agency or subdivision or po- (a) Only applies to the extent litical subdivision with which permitted by law; and you have agreed per Para- graph 8.a.(1) of this en- (b) Will not be broader than that dorsement to provide insur- which you are required by ance, subject to the follow- the written contract, written ing additional provision: agreement, written permit or written authorization to pro - This insurance applies only vide for such additional in - with respect to the following sured; and hazards for which the state or governmental agency or (c) Does not apply to any per - subdivision or political sub- son, organization, vendor, division has issued a permit state, governmental agency or authorization in connec- or subdivision or political tion with premises you own, subdivision, specifically rent or control and to which named as an additional in - this insurance applies: sured under any other provi- sion of, or endorsement (i) The existence, mainte- added to, this Coverage nance, repair, construc- Part, provided such other tion, erection or removal provision or endorsement of advertising signs, covers the injury or damage awnings, canopies, cel- for which this insurance ap- lar entrances, coal plies. holes, driveways, man- holes, marquees, hoist b. With respect to the insurance afford - away openings, side- ed to the additional insureds de - walk vaults, street ban- scribed in Paragraph 8.a.(1) of this ners or decorations and endorsement, the following is added similar exposures; or to Section III - Limits of Insurance: (ii) The construction, erec- The most we will pay on behalf of the tion or removal of eleva- additional insured is the amount of in - tors; or surance: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 13 of 17 (1) Required by the written contract, 9. Property Damage to Borrowed Equip - written agreement, written permit ment or written authorization described in Paragraph 8.a.(1) of this en- a. The following is added to Exclusion dorsement; or 2J. Damage to Property under Sec- tion I - Coverage A - Bodily Injury (2) Available under the applicable and Property Damage Liability: Limits of Insurance shown in the Declarations; Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip - whichever is less. ment loaned to you, provided they are This endorsement shall not increase not being used to perform operations at the time of loss. the applicable Limits of Insurance shown in the Declarations. b. With respect to the insurance provid- ed by this section of the endorse- c. Section IV - Commercial General ment, the following additional provi- Liability Conditions is amended to sions apply: include the following: (1) The Limits of Insurance shown in Automatic Additional Insured Pro- the Declarations are replaced by vision the limits designated in Section This insurance applies only if the B. Limits of Insurance, 9. "bodily injury" or "property damage" Property Damage to Borrowed occurs, or the "personal and advertis- Equipment of this endorsement ing injury" offense is committed: with respect to coverage provid- ed by this endorsement. These (1) During the policy period; and limits are inclusive of and not in (2) Subsequent to your execution of addition to the limits being re- placed. The Limits of Insurance the written contract or written shown in Section B. Limits of agreement, or the issuance of a Insurance, 9. Property Damage written permit or written authori- to Borrowed Equipment of this zation, described in Paragraph endorsement fix the most we will 8.a.(1). pay in any one "occurrence" re- d. Section IV - Commercial General gardless of the number of: Liability Conditions is amended as (a) Insureds; follows: Condition 5. Other Insurance is (b) Claims made or "suits" brought; or amended to include: Primary and Noncontributory In- (c) Persons or organizations making claims or bringing suran ce "suits". This insurance is primary to and will (2) Deductible Clause not seek contribution from any other insurance available to an additional (a) Our obligation to pay dam - insured per Paragraph 8.a.(1) of this ages on your behalf applies endorsement provided that: only to the amount of dam- ages for each 'occurrence" (1) The additional insured is a which are in excess of the Named Insured under such other Deductible Amount stated in insurance; and Section B_ Limits of Insur- (2) You have agreed in writing in a ante, 9. Property Damage contract, agreement, permit or to Borrowed Equipment of authorization described in 8.a.(2) this endorsement The limits of this endorsement that this in- of insurance will not be re- surance would be primary and duced by the application of would not seek contribution from such deductible amount. any other insurance available to (b) Section IV - Commercial the additional insured. General Liability Condi- tions, 2. Duties in the Event of Occurrence, of - Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 14 of 17 fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees as Insureds - Specified Health Care Services and Good Samar- itan Services Paragraph 2.a.(1)(d) under Section If - Who is an Insured does not apply to: a. Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or b. Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit under Section IV - Commercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto or Watercraft under Sec- tion 1 - Coverage A - Bodily Injury and Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 4. "Bodily injury" is replaced by the following: 4. 'Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. 14. Expected or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected or Intended Injury under Section I - Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees as Insureds The following is added to Paragraph 2. under Section 11-Who is an Insured: 2. Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc_, with its permission. Page 15 of 17 16. Voluntary Property Damage Coverage a. Coverage D - Voluntary Property Damage Coverage Section I - Coverages is amended to include the following: (1) Insuring Agreement GA 233 TX 09 17 (a) We will pay the cost to re- pair or replace "property damage" to property of oth- ers arising out of operations incidental to your business when: 1) Damage is caused by you; or 2) Damage occurs while in your possession. At your written request, we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by us. It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b) This insurance applies to "property damage" only if: (2) Exclusions This insurance does not apply to "property damage" that would be excluded by Coverage A - Bodi- ly Injury and Property Damage Liability, 2. Exclusions, except for j. Damage to Property, par- agraphs (3), (4), (5) and (6), k. Damage to Your Product, and I. Damage to Your Work. (3) Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V - Definitions are replaced by the following: 16. "Occurrence" means an in- cident, including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20. "Property damage" means physical injury to tangible property. "Electronic data" is not tangible property, and "property damage" does not include disappearance, ab- straction or theft. b. Care, Custody or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody or Control Li- ability Coverage in this endorsement only: (1) Section I - Coverage A - Bodily Injury and Property Damage Liability, 2. Exclusions, j. Damage to Property, Subpara- graphs (3), (4) and (5) do not ap- ply to "property damage" to the property of others described therein. (2) It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. 2) The "property damage" 3 "Property damage" for which occurs during the policy O Care, Custody Y or Control Lia- Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 16 of 17 1) The "property damage" takes place in the "cov- erage territory"; and bility Coverage provides cover- (3) The Voluntary Property Dam- age shall be deemed to be age Coverage, Aggregate Limit caused by an "occurrence" but of Insurance is the most we will shall not serve to limit or restrict pay for the sum of all damages the applicability of any exclusion under Voluntary Property for "property damage" under this Damage Coverage. This limit Coverage Part. applies separately to each "cov- c. Limits of Insurance and Deducti- erage term". bles (4) Deductible Clause For purposes of the coverage provid- (a) Our obligation to pay lam- ed by Voluntary Property Damage ages on your behalf applies Coverage and Care, Custody or only to the amount of dam - Control Liability Coverage, Section ages for each "occurrence" III - Limits of Insurance is amended which are in excess of the to include the following: Deductible Amount stated (1) The Limits of Insurance shown in for the applicable coverage in the Schedule. The limits the Declarations are replaced by of insurance will not be re - the limits designated in Section duced by the application of B. Limits of Insurance, 16. such Deductible Amount. Voluntary Property Damage Coverage and Care, Custody (b) Section IV - Commercial or Control Liability Coverage, General Liability Condi- in this endorsement. These limits tions, 2. Duties in the are inclusive of, and not in addi- Event of Occurrence, of tion to, the limits being replaced, fense, Claim or Suit, ap- The Limits of Insurance shown in plies to each claim or "suit" the Schedule fix the most we will irrespective of the amount. pay regardless of the number of: (c) We may pay any part or all (a) Insureds; of the Deductible Amount to (b) Claims made or "suits" effect settlement of any claim or suit" and, upon no- brought; or tification of the action taken, (c) Persons or organizations you shall promptly reim- making claims or bringing burse us for such part of the "suits". Deductible Amount as has been paid by us. (2) (a) Subject to (3) below, the Voluntary Property Dam- 17. Broadened Contractual Liability - Work age Coverage, Each Occur- Within 50' of Railroad Property rence Limit Of Insurance is Section V - Definitions, 12. "Insured con - the most we will pay for the tract" is amended as follows: sum of damages under Vol- untary Property Damage a. Paragraph c. is replaced by the fol- Coverage; lowing: (b) The Care, Custody or Con- c. Any easement or license agree- trol Liability Coverage, ment; Each Occurrence Limit Of Insurance is the most we will b. Paragraph f.(1) is deleted in its entire - pay for the sum of damages ty under Care, Custody or 18. Alienated Premises Control Liability Coverage; because of all "property damage" Exclusion 2 j. Damage to Property, Paragraph (2) under Section I - Cover - arising out of any one "occur- age A - Bodily Injury and Property rence". Damage Liability does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 17 of 17 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILI I Y COVERAGE FORM Various provisions in this Coverage Part restrict SUPPLEMENTARY PAYMENTS - COV- this insurance. Read the entire Coverage Part ERAGES A AND B. carefully to determine rights, duties and what is and is not covered. b. This insurance applies to "bodily injury" and "property damage" only if: Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organi- zation qualifying as a Named Insured under this Coverage Part. The words "we", "us' and "our" refer to the Company providing this insurance. The word "insured" means any person or organiza- tion qualifying as such under SECTION II - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I -COVERAGES COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "bodily injury" or "prop- erty damage" to which this insurance ap- plies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2) Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I - COVERAGES, COW ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or medical expenses under SECTION - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. (1) The "bodily injury" or "property dam- age" is caused by an 'occurrence" that takes place in the "coverage ter- ritory",- (2) (3) Prior to the "coverage term" in which "bodily injury" or "property damage" occurs, you did not know, per Para- graph 1.d. below, that the "bodily in- jury" or "property damage" had oc- curred or had begun to occur, in whole or in part. c. 'Bodily injury" or "property damage" which: (1) Occurs during the "coverage term"; and (2) Was not, prior to the "coverage term", known by you, per Paragraph 1.d. below, to have occurred; includes any continuation, change or re- sumption of that "bodily injury" or "prop- erty damage" after the end of the "cover- age term" in which it first became known by you. d. You will be deemed to know that "bodily injury" or "property damage" has occurred at the earliest time when any "authorized representative": (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage'; (3) First observes, or first observed, the "bodily injury" or "property damage'; (4) Becomes aware, or become aware, by any means other than as de- scribed in (3) above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or No other obligation or liability to pay sums (6) Becomes aware, or become aware, or perform acts or services is covered of a condition from which "bodily in - unless expressly provided for under jury" or "property damagd' is sub- stantially certain to occur. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 1 of 22 e. Damages because of "bodily injury" in- clude damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bod- ily injury". 2. Exclusions This insurance does not apply to: a. Expected or Intended Injury "Bodily injury" or "property damage" which results from the intentional or criminal acts of the insured or which is in fact expected or intended by the insured, even if the injury or damage is of a differ- ent degree or type than actually expected or intended. This exclusion does not ap- ply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agree- ment; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property dam- age" occurs subsequent to the exe- cution of the contract or agreement. When a claim for such "bodily injury" or "property damagd' is made, we will defend that claim provided the insured has assumed the obligation to defend such claim in the "insured contract". Such defense payments will not reduce the limits of insur- ance. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of_ (1) Causing or contributing to the intoxi- cation of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distribut- ing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation and Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured sus- tained in the 'Workplace"; (2) An "employee" of the insured arising out of the performance of duties re- lated to the conduct of the insured's business; or (3) The spouse, child, parent, brother or sister of that "employee" as a conse- quence of Paragraphs (1) or (2) above. This exclusion applies: (1) Whether the insured maybe liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury_ This exclusion does not apply to liability assumed by the insured under an "in- sured contract". f. Pollutant (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, Paragraph (a) does not apply to: 1) "Bodily injury" to any person injured while on any prem- ises, site or location owned or occupied by, or rented or loaned to, you provided: a) The injury is caused by the inadequate ventila- tion of vapors; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission_ Page 2 of 22 GA 101 TX 09 10 b) The person injured is product of any manufactur- first exposed to such ing process; vapors during the policy period; and 2) "Bodily injury" or "property damage" for which you may c) Within 30 days of such be held liable, if you are a first exposure, the per- contractor, and the owner or son injured is clinically lessee of such premises, diagnosed or treated by site or location has been a physician for the added to this Coverage Part medical condition as an additional insured caused by the expo- with respect to your ongoing sure to such vapors_ operations or "your work" However, Paragraph c) performed for that additional does not apply if the insured at that premises, "bodily injury" is caused site or location and such by vapors produced by premises, site or location is or originating from not and never was owned or equipment that is used occupied by, or rented or to heat, cool or dehu- loaned to, any insured, midify the building, or other than that additional in - equipment that is used sured; or to heat water for per- sonal use, by the build- 3) "Bodily injury" or "property ing's occupants or their damage" arising out of heat, guests. smoke or fumes from a "hostile fire"; This exception 1) shall ap- ply only to Named Insureds; (b) At or from any premises, site or we shall have no duty to de- location which is or was at any fend or pay damages for time used by or for any insured any person or organization or others for the handling, stor- that is not a Named Insured. age, disposal, processing or However, this paragraph treatment of waste, - does not apply if the "bodily (c) Which are or were at any time injury" is caused by vapors transported, handled, stored, produced by or originating treated, disposed of, or proc- from equipment that is used essed as waste by or for: to heat, cool or dehumidify the building, or equipment 1) Any insured; or that is used to heat water for personal use, by the 2) Any person or organization building's occupants or their for whom you may be le - guests. gally responsible; For the purpose of the ex- (d) At or from any premises, site or ception granted in Para- location on which any insured or graph 1) only, vapors any contractors or subcontrac- means any gaseous or air- tors working directly or indirectly borne irritant or airborne on any insured's behalf are per - contaminant, including forming operations if the "pollut- smoke, fumes, vapor or ants" are brought on or to the soot, but excluding asbes- premises, site or location in con- tos, which is discharged, nection with such operations by dispersed, emitted, released such insured, contractor or sub - or escapes from materials, contractor. However, Paragraph machinery or equipment (d) does not apply to: used in the service or main- 1) "Bodily injury" or "property tenance of the premises. damage" arising out of the Vapors does not mean any discharge, dispersal, seep - gaseous or airborne irritants age, migration, release, es - or contaminants used in a cape or emission of fuels, manufacturing process or lubricants or other operating which is the product or by- fluids, or exhaust gases, which are needed to per - includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 22 form, or are the result of, (2) Any loss, cost or expense arising out the normal electrical, hy- of any: draulic or mechanical func- tions necessary for the op- (a) Request, demand, order or eration of 'Imobile equip- statutory or regulatory require- ment" or its parts, if such ment that any insured or others fuels, lubricants or other test for, monitor, clean up, re - operating fluids, or exhaust move, contain, treat, detoxify or gases, escape, seep or mi- neutralize, or in any way re - grate, or are discharged, spond to, or assess the effects dispersed, released or emit- of, "pollutants",- or ted from a vehicle part de- (b) Claim or suit by or on behalf of a signed to hold, store or re- governmental authority for dam- ceive them. This exception ages because of testing for, does not apply if the fuels, monitoring, cleaning up, remov- lubricants or other operating ing, containing, treating, detoxi- fluids, or exhaust gases, fying or neutralizing, or in any escape, seep or migrate, or way responding to, or assessing are discharged, dispersed, the effects of, "pollutants". released or emitted with the intent to cause "bodily in- However, Paragraphs (2)(a) and (b) jury" or "property damage" do not apply to liability for damages or with the knowledge that because of "property damage" that 'bodily injury" or "property the insured would have in the ab- damage" is substantially sence of such request, demand, or - certain to occur, or if such der or statutory or regulatory re- fuels, lubricants or other quirement, or such claim or "suit' by operating fluids, or exhaust or on behalf of a governmental au - gases, are brought on or to thority. the premises, site or loca- tion with such intent to es- g. Aircraft, Auto or Watercraft cape, seep or migrate, or be "Bodily injury" or "property damage" aris- discharged, dispersed, re- ing out of the ownership, maintenance, leased or emitted as part of use or entrustment to others of any air - the operations being per- craft, "auto" or watercraft owned or oper- formed by such insured, ated by or rented or loaned to any in - contractor or subcontractor; sured. Use includes operation and "load- 2) "Bodily injury" or "property ing or unloading". damage" sustained within a This exclusion applies even if the claims building and caused by the against any insured allege negligence or release of gases, fumes or other wrongdoing in the supervision, hir- vapors from materials ing, employment, training or monitoring of brought into that building in others by that insured, if the "occurrence" connection with operations which caused the "bodily injury" or "prop - being performed by you or erty damage" involved the ownership, on your behalf by a contrac- maintenance, use or entrustment to oth- tor or subcontractor; or ers of any aircraft, "auto" or watercraft 3) 'Bodily injury" or "property that is owned or operated by or rented or damage" arising out of heat, loaned to any insured. smoke or fumes from a "hostile This exclusion does not apply to: fire"; or (e) At or from any premises, site or (1) A watercraft while ashore on prem- location on which any insured or ises you own or rent; any contractors or subcontrac- (2) A watercraft you do not own that is: tors working directly or indirectly on any insured's behalf are per- (a) Less than 51 feet long; and forming operations if the opera- (b) Not being used to carry persons tions are to test for, monitor, or property for a charge; clean up, remove, contain, treat, detoxify or neutralize, or in any (3) Parking an "auto' on, or on the ways way respond to, or assess the next to, premises you own or rent, effects of, "pollutants". provided the "auto' is not owned by Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 4 of 22 or rented or loaned to you or the in- sured; (4) Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5) 'Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is on, attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li- censed or principally garaged; or (b) The operation of any of the ma- chinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" aris- ing out of: (1) The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any in- sured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged rac- ing, speed, demolition, or stunting activity. War "Bodily injury" or "property damage", how- ever caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, in- cluding action in hindering or defend- ing against an actual or expected at- tack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage to Property "Property damage" to: (1) Property you own, rent or occupy, in- cluding any costs or expenses in- curred by you, or any other person, organization or entity, for repair, re- placement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to an - other's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those prem- ises; (3) Property loaned to you; (4) Personal property in the care, cus- tody or control of an insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or in- directly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or re- placed because "your work" was in- correctly performed on it. Paragraphs (1), (3) and (4) of this exclu- sion do not apply to "property damage" (other than damage by fire or explosion) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days, for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in SECTION III - LIM- ITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are 'your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this ex- clusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations haz- ard". k. Damage to Your Product "Property damage" to "your product" aris- ing out of it or any part of it. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations haz- ard". Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 6 of 22 This exclusion does not apply if the dam- aged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Prop- erty Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your prod- uct" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall of Products, Work or Impaired Property Any liability or damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, re- call, inspection, repair, replacement, ad- justment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is with- drawn or recalled from the market or from use by any person or organization be- cause of a known or suspected defect, deficiency, inadequacy or dangerous con- dition in it. o. Personal and Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Asbestos "Bodily injury" or "property damage" aris- ing out of, attributable to, or any way re- lated to asbestos in any form or transmit- ted in any manner. q. Employment -Related Practices (c) Other employment -related prac- tices, policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evalua- tion, failure to promote, reas- signment, discipline, defamation, harassment, humiliation or dis- crimination directed at that per- son; or (2) The spouse, child, parent, brother or sister of that person as a conse- quence of "bodily injury" to that per- son at whom any of the employment - related practices described in Para- graphs (a), (b) or (c) above is di- rected. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seel�jng coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that "bodily injury" or "property damage" had occurred or had begun to occur, in whole or in part, prior to the "coverage term" in which such "bodily injury" or "property damage" oc- curs or begins to occur. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that "bodily injury" or "property damage" has occurred or has begun to occur at the earliest time when that additional insured, or any one of its owners, members, part- ners, managers, executive officers, "em- ployees" assigned to manage that addi- tional insured's insurance program, or "employees" assigned to give or receive notice of an "occurrence", "personal and advertising injury" offense, claim or "suit": (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; "Bodily injury"to: (2) Receives a written or verbal demand or claim for damages because of the (1) A person arising out of any: "bodily injury" or "property damage"; (a) Refusal to employ that person; (3) First observes, or first observed, the (b) Termination of that person's em- "bodily injury" or "property damage"; ployment; or Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc., with its permission. Page 6 of 22 (4) Becomes aware, or become aware, by any means other than as de- scribed in (3) above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or (S) Becomes aware, or become aware, of a condition from which "bodily in- jury" or "property damage" is sub- stantially certain to occur. s. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "elec- tronic data". It. Distribution of Material in Violation of Statutes "Bodily injury" or "property damage" aris- ing directly or indirectly out of any action or omission that violates or is alleged to violate: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. Exclusions c. through y. do not apply to "prop- erty damage" by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner, for which the amount we will pay is limited to the Dam- age to Premises Rented To You Limit as de- scribed in SECTION III - LIMITS OF INSUR- ANCE. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "personal and advertis- ing injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discre- tion, investigate any offense and settle any claim or "suit' that may result But: (1) The amount we will pay for damages is limited as described in SECTION III -LIMITS OF INSURANCE; and (2) Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I - COVERAGES, COW ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or medical expenses under SECTION I - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay sums or perform acts or services is covered unless expressly provided for under SUPPLEMENTARY PAYMENTS - COW ERAGES A AND B. b. This insurance applies to "personal and advertising injury" only if: (1) The "personal and advertising injury" is caused by an offense arising out of your business; and (2) The "personal and advertising injury" offense was committed in the "cover- age territory" during the policy period; and (3) Prior to the "coverage term" in which the "personal and advertising injury" offense is committed, you did not know, per Paragraph 1.d. below, that the offense had been committed or had begun to be committed, in whole or in part. c. "Personal and advertising injury" caused by an offense which: (1) Was committed during the "coverage term"; and (2) Was not, prior to the "coverage term", known by you, per Paragraph 1.d. below, to have been committed; includes any continuation, change or re- sumption of that offense after the end of the "coverage term" in which it first be- came known by you. d. You will be deemed to know that a "per- sonal and advertising injury" offense has been committed at the earliest time when any "authorized representative": (1) Reports all, or any part, of the "per- sonal and advertising injury" to us or any other insurer; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 7 of 22 (2) Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3) First observes, or first observed, the offense that caused the "personal and advertising injury"; (4) Becomes aware, or become aware, by any means, other than as de- scribed in (3) above, that the offense had been committed or had begun to be committed; or (5) Becomes aware, or become aware, of a condition from which "personal and advertising injury" is substantially certain to occur. 2. Exclusions This insurance does not apply to: a. Knowing Violation of Rights of An- other "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge of Falsity "Personal and advertising injury" arising out of oral or written publication of mate- rial, if done by or at the direction of the in- sured with knowledge of its falsity. c. Material Published Prior to Coverage Term "Personal and advertising injury" arising out of oral or written publication of mate- rial whose first publication took place be- fore the later of the following: (1) The inception of this Coverage Part; or (2) The "coverage term" in which insur- ance coverage is sought. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability - (1) That the insured would have in the absence of the contract or agree- ment; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "personal and advertising injury" is caused by or arises out of an of- fense committed subsequent to the execution of the contract or agree- ment. When a claim for such "per- sonal and advertising injury" is made, we will defend that claim, provided the insured has assumed the obliga- tion to defend such claim in the "in- sured contract". Such defense pay- ments will not reduce the limits of in- surance. f. Breach of Contract "Personal and advertising injury" arising out of a breach of contract, except an im- plied contract to use another's advertising idea in your "advertisement"_ g. Quality or Performance of Goods - Failure to Conform to Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "ad- vertisement". h. Wrong Description of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". i. Infringement of Copyright, Patent, Trademark or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, pat- ent, trademark, trade secret or other intel- lectual property rights. However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds in Media and Internet Type Businesses "Personal and advertising injury" commit- ted by an insured whose business is: "Personal and advertising injury" for (1) Advertising, broadcasting, publishing which the insured is obligated to pay or telecasting; damages by reason of the assumption of (2) Designing or determining content of liability in a contract or agreement. This web -sites for others; or exclusion does not apply to liability for damages: (3) An Internet search, access, content or service provider_ Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 8 of 22 However, this exclusion does not apply to Paragraphs 17. a., b. and c. of "personal and advertising injury" under SECTION V - DEFINITIONS. For the purposes of this exclusion, the placing of frames, borders or links, or ad- vertising, for you or others anywhere on the Internet is not, by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board any insured hosts, owns, or over which any insured exercises control. Unauthorized Use of Another's Name or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's poten- tial customers. M. Employment Related Practices "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's em- ployment; or (c) Other employment -related prac- tices, policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evalua- tion, failure to promote, reas- signment, discipline, defamation, harassment, humiliation or dis- crimination directed at that per- son; or (2) The spouse, child, parent, brother or sister of that person as a conse- quence of "personal and advertising injury" to that person at whom any of the employment -related practices described in Paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and n. Pollutant "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollut- ants" at any time_ o. Pollutant -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in any way re- spond to, or assess the effects of, "pollutants'; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or as- sessing the effects of, "pollutants". p. Asbestos "Personal and advertising injury" arising out of, attributable to, or any way related to asbestos in any form or transmitted in any manner. q. Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that a "per- sonal and advertising injury" offense had been committed or had begun to be committed, in whole or in part, prior to the "coverage term" in which such offense was committed or began to be committed_ An additional insured added by attach- ment of an endorsement to this Coverage Partwill be deemed to have known that a "personal and advertising injury" offense has been committed or has begun to be committed at the earliest time when that additional insured, or any one of its own- ers, members, partners, managers, ex- ecutive officers, "employees" assigned to manage that additional insured's insur- ance program, or "employees" assigned to give or receive notice of an "occur- rence", "personal and advertising injury" offense, claim or "suit": (2) To any obligation to share damages (1) Reports all, or any part, of the "per - with or repay someone else who sonal and advertising injury" to us or must pay damages because of the any other insurer; iriury. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 9 of 22 (2) Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3) First observes, or first observed, the offense that caused the "personal and advertising injury"; (4) Becomes aware, or become aware, by any means other than as de- scribed in (3) above, that the "per- sonal and advertising injury" offense had been committed or had begun to be committed; or (5) Becomes aware, or become aware, of a condition from which "personal and advertising injury" is substantially certain to occur. r. War "Personal and advertising injury", how- ever caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war, (2) Warlike action by a military force, in- cluding action in hindering or defend- ing against an actual or expected at- tack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. s. Distribution of Material in Violation of Statutes "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to vio- late: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. a. We will pay medical expenses as de- scribed below for "bodily injury" caused by an accident: I (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "cov- erage territory" and during the policy period; (2) The expenses are incurred and re- ported to us within three years of the date of the accident; and (3) The injured person submits to ex- amination, at our expense, by physi- cians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including pros- thetic devices; and (3) Necessary ambulance, hospital, pro- fessional nursing and funeral ser- vices. 2. Exclusions We will not pay expenses for "bodily inury": a. Any Insured To any insured, except "volunteer work- ers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury on Normally Occupied Premises To a person injured on that part of prem- ises you own or rent that the person nor- mally occupies. d. Workers' Compensation and Similar Laws COVERAGE C. MEDICAL PAYMENTS To a person, whether or not an "em- ployee" of any insured, if benefits for the 1. Insuring Agreement "bodily injury" are payable or must be pro- vided under a workers' compensation or disability benefits law or a similar law. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 10 of 22 e. Athletic Activities To any person injured while officiating, coaching, practicing for, instructing or participating in any physical exercises or games, sports, or athletic contests or ex- hibitions of an athletic or sports nature_ f. Products -Completed Operations Haz- ard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY_ SUPPLEMENTARY PAYMENTS - COVERAGES A AND B We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required be- cause of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the in- sured at our request to assist us in the investi- gation or defense of the claim or "suit", includ- ing actual loss of earnings up to $250 a day because of time off from work. 5. All costs taxed against the insured in the "suit". 6. Prejudgment interest awarded against the in- sured on that part of the judgment we become obligated to pay and which falls within the ap- plicable limit of insurance. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or depos- ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. a. An individual, you and your spouse are insureds, but only with respect to the con- duct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c, A limited liability company, you are an in- sured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insur- eds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive offi- cers" and directors are insureds, but only with respect to their duties as your offi- cers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while per- forming duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and ad- vertising injury": (a) To you, to your partners or members (if you are a partner- ship or joint venture), to your members (if you are a limited li- ability company), to a co - "employee" while in the course of his or her employment or per- forming duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; SECTION II -WHO IS AN INSURED (b) To the spouse, child, parent, brother or sister of that co- l. If you are designated in the Declarations as: "employee" or "volunteer Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 11 of 22 worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her provid- ing or failing to provide profes- sional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exer- cised for any purpose by, c. COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY does not apply to "personal and advertising injury" arising out of an offense committed be- fore you acquired or formed the organiza- tion. No person or organization is an insured with re- spect to the conduct of any current or past partner- ship, joint venture or limited liability company that is not shown as a Named Insured in the Dedara- tions. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or you, any of your "employees", "volun- c. Persons or organizations making claims teer workers", any partner or member or bringing "suits". (if you are a partnership or joint ven- ture), or any member (if you are a 2. a. The General Aggregate Limit is the most limited liability company). we will pay for the sum of: b. Any person (other than your "employee" or 'volunteer worker"), or any organiza- tion while acting as your real estate man- ager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that prop- erty; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organiza- tion. However: (1) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; (2) Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products -completed operations haz- ard"; and (3) Damages under COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY. This General Aggregate Limit will not ap- ply if either the Location General Aggre- gate Limit of Insurance, Paragraph 2.b., or the Construction Project General Ag- gregate Limit of Insurance, Paragraph 2.c. applies. b. A separate Location General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall apply to each location owned by, or rented or leased to you and is the most we will pay for the sum of: a. Insurance under this provision is afforded (1) Damages under COVERAGE A. only until the 90th day after you acquire or BODILY INJURY AND PROPERTY form the organization or the end of the DAMAGE LIABILITY, except dam - policy period, whichever is earlier; ages because of "bodily injury" or "property damage" included in the b. COVERAGE A. BODILY INJURY AND "products -completed operations haz- PROPERTY DAMAGE LIABILITY does ard'; and not apply to "bodily injury" or "property damage" that occurred before you ac- (2) Medical expenses under COVER- quired or formed the organization; and AGE C. MEDICAL PAYMENTS, Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc., with its permission. Page 12 of 22 which can be attributed to operations at only a single location owned by, or rented or leased to you. c. A separate Construction Project General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall apply to each construction project and is the most we will pay for the sum of: 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: (1) Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- 6 ages because of "bodily injury" or "property damage" included in the "products -completed operations haz- ard"; and (2) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; which can be attributed only to ongoing operations and only at a single construc- tion project. d. Only for the purpose of determining which General Aggregate Limit of Insurance, 2.a., 2.b., or 2.c., applies: (1) Location means premises involving the same or connecting lots, or prem- ises, whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. (2) Construction project means a loca- tion you do not own, rent or lease where ongoing improvements, altera- tions, installation, demolition or main- tenance work is performed by you or on your behalf. All connected ongo- ing improvements, alterations, instal- lation, demolition or maintenance work performed by you or on your behalf at the same location for the same persons or organizations, no matter how often or under how many different contracts, will be deemed to be a single construction project. 3. The Products -Completed Operations Aggre- gate Limit is the most we will pay under COV- ERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property damage" included in the "products -completed opera- tions hazard". a. Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY; and b. Medical expenses under COVERAGE C. MEDICAL PAYMENTS; because of all "bodily injury" and "property damage" arising out of any one "occurrence". Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. i. Subject to 5. above, the Medical Expense Limit is the most we will pay under COVER- AGE C. MEDICAL PAYMENTS for all medical expenses because of "bodily injury' sustained by any one person. The Limits of Insurance of this Coverage Part ap- ply separately to each "coverage term". SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties in the Event of Occurrence, Offense, Claim or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or a "personal and advertising injury" of- fense which may result in a claim. To the extent possible, notice should include: (1) Now, when and where the "occur- rence" or offense took plaoe; (2) The names and addresses of any in- jured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense. 4. Subject to 2.a. above, the Personal and Ad- b. If a claim is made or "suit" is brought vertising Injury Limit is the most we will pay against any insured, you must: under COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY for the sum (1) Immediately record the specifics of of all damages because of all "personal and the daim or "suit' and the date re - advertising injury" sustained by any one per- ceived-, and son or organization. (2) Notify us as soon as practicable. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 13 of 22 You must see to it that we receive written b. The date this Coverage Part became ef- notice of the claim or "suit" as soon as fective; and practicable. will be considered as included until the end of c. You and any other involved insured must: the current policy period. We will make no ad- ditional premium charge for this additional coverage during the interim. demands, notices, summonses or le- gal papers received in connection 5. Other Insurance with the claim or "suit"; If other valid and collectible insurance is avail- (2) Authorize us to obtain records and able to the insured for a loss we cover under other information; COVERAGE A. BODILY INJURY AND (3) Cooperate with us in the investiga- PROPERTY DAMAGE LIABILITY or COV- ERAGE B. PERSONAL AND ADVERTISING tion or settlement of the claim or de- INJURY LIABILITY of this Coverage Part, our fence against the "suit"; and obligations are limited as fellows: (4) Assist us, upon our request, in the a. Primary Insurance enforcement of any right against any person or organization which may be This insurance is primary except when b. liable to the insured because of injury below applies. If this insurance is primary, or damage to which this insurance our obligations are not affected unless may also apply. any of the other insurance is also primary. d. No insured will, except at that insured's Then, we will share with all that other in- surance by the method described in c. own cost, voluntarily make a payment, below. assume any obligation, or incur any ex- pense, other than for first aid, without our b. Excess Insurance consent. This insurance is excess over: 3. Legal Action Against Us (1) Any of the other insurance, whether No person or organization has a right under primary, excess, contingent or on this Coverage Part: any other basis: a. To join us as a party or otherwise bring us (a) That is Fire, Extended Cover - into a "suit" asking for damages from an age, Builder's Risk, Installation insured; or Risk or similar insurance for b. To sue us on this Coverage Part unless "yourwork"; all of its terms have been fully complied (b) That is Fire or Explosion insur- with. ance for premises rented to you A person or organization may sue us to re- or temporarily occupied by you with permission of the owner; cover on an agreed settlement or on a final judgment against an insured; but we will not (c) That is insurance purchased by be liable for damages that are not payable un- you to cover your liability as a der the terms of this Coverage Part or that are tenant for "property damage" to in excess of the applicable limit of insurance_ premises rented to you or tem- An agreed settlement means a settlement and porarily occupied by you with release of liability signed by us, the insured permission of the owner; or and the claimant or the claimant's legal repre- sentative. (d) If the loss arises out of the main- tenance or use of aircraft, 4. Liberalization "autos" or watercraft to the ex - If, within 60 days prior to the beginning of this tent not subject to SECTION I - COVERAGES, COVERAGE A. Coverage Part or during the policy period, we BODILY INJURY AND PROP- make any changes to any forms or endorse- ERTY DAMAGE LIABILITY, 2. merits of this Coverage Part for which there is Exclusions, g. Aircraft, Auto currently no separate premium charge, and or Watercraft. that change provides more coverage than this Coverage Part, the change will automatically (2) Any other primary insurance avail - apply to this Coverage Part as of the latter of able to the insured covering liability a. The date we implemented the change in for damages arising out of the prem- ises or operations, or the products and completed operations, for which Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc., with its permission. Page 14 of 22 the insured has been added as an additional insured by attachment of an endorsement. (3) Any other insurance: (a) Whether primary, excess, con- tingent or on any other basis, except when such insurance is written specifically to be excess over this insurance; and (b) That is a consolidated (wrap-up) insurance program which has been provided by the prime con- tractor/project manager or owner of the consolidated proiect in which you are involved. When this insurance is excess, we will have no duty under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that ex- ceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance_ We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cover- age Part. c. Method of Sharing If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the dose of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retro- spective premiums is the date shown as the due date on the bill. If: (1) The earned premium is less than the deposit premium, we will return the excess to the first Named Insured; or (2) The earned premium is greater than the deposit premium, the difference will be due and payable to us by the first Named Insured upon notice from us. c. The first Named Insured must keep re- cords of the information we need for pre- mium computation, and send us copies at such times as we may request. 7. Representations By accepting this Coverage Part, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon repre- sentations you made to us; and c. We have issued this Coverage Part in re- liance upon your representations. S. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named In- sured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 9. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc., with its permission. Page 16 of 22 10. Two or Morn Coverage Farms or Policies Issued by Us If this Coverage Part and any other Coverage Form or Coverage Part forming a part of this policy apply to the same "occurrence" or "per- sonal and advertising injury" offense, the ag- gregate maximum Limit of Insurance under all the Coverage Forms or Coverage Parts shall not exceed the highest applicable Limit of In- surance under any one Coverage Form or Coverage Part. This condition does not apply to any Coverage Form or Coverage Part is- sued by us specifically to apply as excess in- surance over this Coverage Part. 11. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written notice of the nonrenewal not less than 30 days be- fore the expiration date. If notice is mailed, proof of mailing will be suf- ficient proof of notice. SECTION V - DEFINITIONS publicly traded organization, your stockholders are also "authorized representatives". (v) A trust, your trustees are "authorized representatives". b. Your "employees": (1) Assigned to manage your insurance program; or (2) Responsible for giving or receiving notice of an "occurrence", "personal and advertising injury" offense, claim or "suit"; are also "authorized representatives 3. "Auto" means: 1. "Advertisement" means a notice that is broad- cast, telecast or published to the general pub- lic or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. "Adver- tisement" includes a publicity article. For pur- 4. poses of this definition: a. Notices that are published include mate- rial placed on the Internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a web -site that is about your goods, prod- ucts or services for the purposes of at- tracting customers or supporters is con- sidered an "advertisement". 2. 'Authorized representative" means: a. If you are designated in the Declarations as: (1) An individual, you and your spouse are "authorized representatives". (2) A partnership or joint venture, your members, your partners, and their spouses are "authorized representa- tives". (3) A limited liability company, your members and your managers are "authorized representatives". a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto' does not include "mobile equipment". "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 5. "Coverage term" means the following individ- ual increment, or if a multiyear policy period, increments, of time, which comprise the policy period of this Coverage Part: a. The year commencing on the Effective Date of this Coverage Part at 12:01 AM standard time at your mailing address shown in the Declarations, and if a multi- year policy period, each consecutive an- nual period thereafter, or portion thereof if any period is for a period of less than 12 months, constitute individual "coverage terms". The last "coverage term" ends at 12:00 AM standard time at your mailing address shown in the Declarations on the earlier of: (1) The day the policy period shown in the Declarations ends; or (2) The day the policy to which this Cov- erage Part is attached is terminated or cancelled. (4) An organization other than a partner- b. However, if after the issuance of this Cov- ship, joint venture or limited liability erage Part, any "coverage term" is ex - company, your "executive officers" tended for an additional period of less and directors are "authorized repre- than 12 months, that additional period of sentatives". Provided you are not a I n cl udes copyrig hted mated a[ of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 16 of 22 time will be deemed to be part of the last b. You have failed to fulfill the terms of a preceding "coverage term". contract or agreement; B. "Coverage territory" means: if such property can be restored to use by: a. The United States of America (including a. The repair, replacement, adjustment or its territories and possessions), Puerto removal of "your product" or "your work'; Rico and Canada; or b. International waters or airspace, but only b. Your fulfilling the terms of the contract or if the injury or damage occurs in the agreement. course of travel or transportation between any places included in a. above; or 12. "Insured contract" means: c. All other parts of the world if the injury or a. A contract for a lease of premises. How - damage arises out of ever, that portion of the contract for a lease of premises that indemnifies any (1) Goods or products made or sold by person or organization for "property dam - you in the territory described in a. age" by fire or explosion to premises above; while rented to you or temporarily occu- pied by you with permission of the owner () p is not an "insured contract"; home is in the territory described in a. above, but is away for a short time b. A sidetrack agreement; on your business; or c. Any easement or license agreement, ex- (3) "Personal and advertising injury" of- kept in connection with construction or fenses that take place through the demolition operations on or within 50 feet Internet or similar electronic means of railroad; of communication, d. An obligation, as required by ordinance, provided the insured's responsibility to to indemnify a municipality, except in con - pay damages is determined in a "suit" on nection with work for a municipality; the merits, in the territory described in a. above or in a settlement to which we An elevator maintenance agreement; g agree. f. That part of any other contract or agree- 7. "Electronic data" means information, facts or ment pertaining to your business (includ- programs stored as or on, created or used on, ing an indemnification of a municipality in or transmitted to or from computer software, connection with work performed for a including systems and applications software, municipality) under which you assume the hard or floppy disks, CD-ROMs, tapes, drives, tort liability of another party to pay for cells, data processing devices or any other "bodily injury", "property damage" or "per - media which are used with electronically con- sonal and advertising injury" to a third trolled equipment. person or organization. Tort liability means a liability that would be imposed 8. "Employee" includes a "leased worker". "Em- by law in the absence of any contract or ployed' does not include a "temporary agreement. worker". Paragraph f. does not include that part of 9. "Executive officer" means a person holding any contract or agreement: any of the officer positions created by your charter, constitution, by-laws or any other (1) That indemnifies a railroad for "bodily similar governing document. injury", "property damage" or "per- sonal and advertising injury" arising 10. "Hostile fire" means one which becomes un- out of construction or demolition op - controllable or breaks out from where it was erations, within 50 feet of any rail - intended to be. road property and affecting any rail- road bridge or trestle, tracks, road- 11. "Impaired property' means tangible property, beds, tunnel, underpass or crossing; other than 'your product" or "your work", that cannot be used or is less useful because: (2) That indemnifies an architect, engi- a. It incorporates "your product" or "your neer or surveyor for injury or damage arising out of: work" that is known or thought to be de - festive, deficient, inadequate or danger- (a) Preparing, approving, or failing ous; or to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc., with its permission. Page 17 of 22 change orders or drawings and der Internet services, including those specifications; or listed in Paragraph (6), above. (b) Giving directions or instructions, 13. "Leased worker" means a person [eased to or failing to give them, if that is you by a labor leasing firm under an agree - the primary cause of the injury or ment between you and the labor leasing firm, damage; to perform duties related to the conduct of {3) Under which the insured, if an archi- your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing tect, engineer or surveyor, assumes firm. Leased worker" does not include a liability for an injury or damage aris- 'temporary worker". ing out of the insured's rendering or failure to render professional ser- 14. "Loading or unloading" means the handling of vices, including those listed in Para- property: graph (2) above and supervisory, in- spection, architectural or engineering a. After it is moved from the place where it is activities; accepted for movement into or onto an aircraft, watercraft or "auto"; (4) That indemnifies an advertising, pub- lic relations or media consulting firm b. While it is in or on an aircraft, watercraft for "personal and advertising injury" or "auto"; or arising out of the planning, execution c. While it is being moved from an aircraft, or failure to execute marketing com- watercraft or "auto" to the place where it munications programs. Marketing is finally delivered; communications programs include but are not limited to comprehensive but "loading or unloading" does not include the marketing campaigns; consumer, movement of property by means of a me - trade and corporate advertising for all chanical device, other than a hand truck, that media; media planning, buying, is not attached to the aircraft, watercraft or monitoring and analysis; direct mail; "auto". promotion; sales materials; design; presentations; point -of -sale mated- 15. "Mobile equipment" means any of the follow- als; market research; public relations ing types of land vehicles, including any st- and new product development; tached machinery or equipment: (5) Under which the insured, if an adver- a. Bulldozers, farm machinery, forklifts and tising, public relations or media con- other vehicles designed for use principally suiting firm, assumes liability for "per- off public roads; sonal and advertising injury" arising b. Vehicles maintained for use solely on or out of the insured's rendering or fail- next to premises you own or rent; ure to render professional services, including those services listed in c. Vehicles that travel on crawler treads; Paragraph (4), above; d. Vehicles, whether self-propelled or not, (6) That indemnifies a web -site designer maintained primarily to provide mobility to or content provider, or Internet permanently mounted: search, access, content or service provider for injury or damage arising (1) Power cranes, shovels, loaders, dig - out of the planning, execution or fail- gers or drills; or ure to execute Internet services. (2) Road construction or resurfacing Internet services include but are not equipment such as graders, scrapers limited to design, production, distribu- or rollers; tion, maintenance and administration of web -sites and web -banners; host- e. Vehicles not described in a., b., c. or d. ing web -sites; registering domain above that are not self-propelled and are names; registering with search en- maintained primarily to provide mobility to gines; marketing analysis; and pro- permanently attached equipment of the viding access to the Internet or other following types: similar networks; or (1) Air compressors, pumps and genera- (7) Under which the insured, if a web- tors, including spraying, welding, site designer or content provider, or building cleaning, geophysical explo- Internet search, access, content or ration, lighting and well servicing service provider, assumes liability for equipment; or injury or damage arising out of the insured's rendering or failure to ren- Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 18 of 22 (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not con- struction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and genera- tors, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment. However, "mobile equipment" does not in- clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehi- cle insurance law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions. 17. "Personal and advertising injury" means iryury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private oc- cupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or ser- vices; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 18. "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and petroleum by-products, and waste. Waste in- cludes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been com- pleted or abandoned. However, "your work" will be deemed completed at the earliest of the following times. - (a) When all of the work called for in your contract has been com- pleted; or (b) When all of the work to be done at the job site has been com- pleted if your contract calls for work at more than one job site; or (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, mainte- nance, correction, repair or replace- ment, but which is otherwise com- plete, will be treated as completed. b. Does not include "bodily injury" or "prop- erty damage" arising out of: (1) The transportation of property, un- less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured.- (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or e. Oral or written publication, in any manner, of material that violates a person's right of (3) Products or operations for which the privacy; classification, listed in the Declara- tions or in a schedule, states that Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc., with its permission. Page 19 of 22 products -completed operations are included. 20. "Property damage" means: a. Physical injury to tangible property, in- cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physi- cal injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which money damages because of "bodily injury", "property damage" or "personal and advertis- ing injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent; or c. An appeal of a civil proceeding. 22. 'Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. 'Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you_ 24. NVorkplace" means that place and during such hours to which the "employee" sustaining "bodily injury" was assigned by you, or any other person or entity aging on your behalf, to work on the date of "occurrence". 25. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have ac- quired; and (2) Containers (other than vehicles), ma- terials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fit- ness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment fur- nished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fit- ness, quality, durability, performance or use of "your work'; and (2) The providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 20 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an insured un- der this Coverage Part is also an in- sured under a nuclear energy liability policy issued by Nuclear Energy Li- ability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this Coverage Part not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, un- der any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazard- ous properties" of "nuclear material" and arising out of the operation of a "nuclear facility' by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the 'hazardous properties" of "nu- clear material", if (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or oper- ated by or on behalf of, an insured, or (b) has been discharged or dis- persed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, proc- essed, stored, transported or dis- posed of, by or on behalf of an in- sured; or (3) The "bodily injury" or "property dam- age" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, mainte- nance, operation or use of any "nu- clear facility", but if such facility is lo- cated within the United States of America, its territories or posses- sions or Canada, this Exclusion (3) applies only to "property damage" to such "nuclear facility' and any prop- erty thereat. 2. As used in this exdusion: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means 'source material", "special nuclear material" or "by-product mate- rial". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear re- actor". "Waste" means any waste material (a) con- taining "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facil- ity'. "Nuclear facility" means: A. Any "nuclear reactor"; S. Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, proc- essing or packaging "waste"; C. Any equipment or device used for the processing, fabricating or alloying of "spe- cial nuclear material" if at any time the to- tal amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of ura- nium 235; Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc., with its permission. Page 21 of 22 D. Any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the fore- going is located, all operations conducted on such site and all premises used for such op- erations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material_ "Property damage" includes all forms of radio- active contamination of property. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 22 of 22 1 HIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPluso BUSINESS AUTO XC+@ (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following. BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, S. Other In- surance c. is replaced by the following: c. Regardless of the provisions of Par- agraph a, above, this Coverage Form's Liability Coverage Is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "Insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended to include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily injury" or "property damage", and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the Section 11 - Liability Coverage, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, white performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance Is amended by replac- ing Paragraph 5.b. with the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow, and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "em- ployee's" name, with your per- mission, while performing duties related to the conduct of your business. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto"- E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual -or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "accident. b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently in- stalled housing unit as described in Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": 1. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy, or would be an "insured" under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and Is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Goes not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 f imit of Insurance for ball bonds with $4,000 in (2), and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 In (4). H. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, S. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion S. Fellow Employee is deleted. I. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc.. with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3.000. If a limit for Hired Auto - Physical Damage is shown In the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto", If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b, $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. IC. Transportation Expense - Higher Limits SECTION III - PHYSICAL. DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses, L. Airbag Coverage SECTION III - PHYSICAL DAMAGE COW ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for alrbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL. DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" Is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or S. We will pay under this coverage only that Actual cash value of the stolen amount of your rental reimbursement ex- (2 ) penses which is not already provided for or damaged property. under SECTION III - PHYSICAL DAM- b. An adjustment for depreciation and AGE COVERAGE, A- Coverage, 4. physical condition will be made in de - Coverage Extensions. termining actual cash value at the time of "loss". Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS Is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repair's plus the salvage value ex- ceeds the actual cash value. N. Glass Repair- Waiver of Deductible SECTION III - PHYSICAL. DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or "loss" is known to: 1. You, if you are an individual; 2. A partner. if you are a partnership; 3. An executive officer or insurance manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. P. Unintentional Failure to Disclose Hazards SECTION 1V - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However. If you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily Injury, sickness or disease. "Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. Section V - Definitions, H. "Insured con- tract". 1.c. is amended to read: c. An easement or license agreement; 2. Section V - Definitions, H. "Insured con- tract", 2.a. is deleted. Includes copyrighted material of 150 AA 288 0116 Properties, Inc., with its permission. Page 4 of 4 T AV 'I r exasmutuar WORKERS' COMPENSATION INSURANCE WORKERS` COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B 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 for this endorsement shall be 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: This endorsement changes the policy to which it is attached effective on the inception dale 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. 0001228995 of effective on Issued to: McMahon Contracting, L.P. &Le Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 03 04 B This page has been left blank intentionally. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdvuary2, 2D16 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Tenninology.......................................................................................................... I 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2 — Preliminary Matters......................................................................................................................... 7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time; Notice to Proceed................................................................ 7 2.03 Starting the Work.......................................................................................................................... 8 2.04 Before Starting Construction........................................................................................................ 8 2.05 Preconstruction Conference.......................................................................................................... 8 2.06 Public Meeting.............................................................................................................................. 8 2.07 Initial Acceptance of Schedules.................................................................................................... 8 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards......................................................... ....................................................... ......9 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 3.04 Amending and Supplementing Contract Documents .................... ..... ............. I............ I.............10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................ I I Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5 — Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6 — Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Pebnmty2,2016 6.02 Labor; Working Hours.................................................................................................. ...... 20 6.03 Services, Materials, and Equipment........................................................................................... 20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and "Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties........................................................................................................... 26 6.09 Permits and Utilities.................................................................................................................... 27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes........................................................................................................................................... 28 6.12 Use of Site and Other Areas....................................................................................................... 28 6.13 Record Documents............................................................................... .............. ......................... 29 6.14 Safety and Protection.................................................................................................................. 29 6.15 Safety Representative.................................................................................................................. 30 6.16 Hazard Communication Programs............................................................................................. 30 6.17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work................................................................................................................... 32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemniiication......................................................................................................................... 33 6.22 Delegation of Professional Design Services.............................................................................. 34 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination.......................................................................................................................35 Article 7 - Other Work at the Site................................................................................................................... 35 7.01 Related Work at Site................................................................................................................... 35 7.02 Coordination................................................................................................................................36 Article 8 - City's Responsibilities................................................................................................................... 36 8.01 Communications to Contractor................................................................................................... 36 8.02 Furnish Data................................................................................................................................ 36 8.03 Pay When Due............................................................................................................................ 36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals.............................................................................................. 36 8.07 Limitations on City's Responsibilities....................................................................................... 37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program............................................................................................... 37 Article 9 - City's Observation Status During Construction........................................................................... 37 9.01 City's Project Manager............................................................................................................37 9.02 Visits to Site................................................................................................................................ 37 9.03 Authorized Variations in Work.................................................................................................. 38 9.04 Rejecting Defective Work.......................................................................................................... 38 9.05 Determinations for Work Performed.......................................................................................... 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fd Auary2, 2016 Article 10 - Changes in the Work; Claims; Extra Work .................. 10.01 Authorized Changes in the Work ................................. 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 ............................................... ............................................................. 38 .............................................................. 38 .............................................................. 39 .............................................................. 39 .............................................................. 39 .............................................................. 39 .............................................................. 40 Article 11- Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................41 11.01 Cost of the Work......................................................................................................................... 41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work............................................................................................... ..... 44 ...................... 11.04 Plans Quantity Measurement......................................................................................................45 Article 12 - Change of Contract Price; Change of Contract Time................................................................. 46 12.01 Change of Contract Price............................................................................................................ 46 12.02 Change of Contract Time............................................................................................................ 47 12.03 Delays.......................................................................................................................................... 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48 13.01 Notice of Defects........................................................................................................................48 13.02 Access to Work........................................................................................................................... 48 13.03 Tests and Inspections.............................................................................. .. 48 ................................. . 13.04 Uncovering Work........................................................................................................................ 49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................ 50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 City May Correct Defective Work............................................................................................. 51 Article 14 - Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progress Payments...................................................................................................................... 52 14.03 Contractor's Warranty of Title................................................................................................... 54 14.04 Partial Utilization........................................................................................................................55 14.05 Final hispection........................................................................................................................... 55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................ 56 14.09 Waiver of Claims........................................................................................................................ 57 Article 15 - Suspension of Work and Termination.......................................................... ...... 57 ........................ 15,01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause................................................................................................... 58 15.03 City May Terminate For Convenience....................................................................................... 60 Article 16 - Dispute Resolution...................................................................................................................... 61 16.01 Methods and Procedures............................................................................................................. 61 Cn'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fein 1wy 2, 2016 Article17 — Miscellaneous.............................................................................................................................. 62 17.01 Giving Notice.............................................................................................................................. 62 17.02 Computation of Times................................................................................................................ 62 17.03 Cumulative Remedies................................................................................................................. 62 17.04 Survival of Obligations............................................................................................................... 63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febimy 2, 2016 007200-I GENERAL CONDITIONS Page 1 of 63 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment —The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award — Authorization by the City Council for the City to enter into an Agreement. b. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder The individual or entity who submits a Bid directly to City. 8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw — City's on-line, electronic document management and collaboration system. 12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February 2, 2016 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order —A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney ---- The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager --- The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract —The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor —The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebnuuyZ 2016 007200-1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third parry, City or Contractor exclusive of a Contract Claim. 26. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development -- The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fe]Huauy2, 2016 007200-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements —Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition ---The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milestone --A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award —The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs —Polychlorinated biphenyls. 49. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 50. Plans --- See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmy2, 2016 0072 00 - 1 GENERAL CONDITIONS Page 5 of 63 51. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project The Work to be performed under the Contract Documents. 53. Project Manager —The authorized representative of the City who will be assigned to the Site. 54. Public Meeting -- An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnuuy2,2016 00 72 00 - I GENERAL CONDITIONS Page 6 of 63 63. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Condition. —That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9.00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fcbnmry2, 2016 007200-1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdmmy2, 2016 007200-1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdxuuy2, 20I6 007200-1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies; 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnimy 2, 2016 007200-1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdmmy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall fiimish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmry2, 2016 00 72 00 -1 GENERAL CONDITIONS Page I2 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1, those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febamy2, 2016 007200-1 GENERAL. CONDITIONS Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated. The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for; a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary 2, 2016 007200-1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized. Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnavy 2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. if Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work,; or (ii) specifying any special conditions under which such Work may be resumed. F. if after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone -for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnny2, 2016 007200-1 GENERAL CONDITIONS Page 16 of 63 ARTICLE S — BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdmiuy 2, 2016 007200-] GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. S. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmry2, 2016 007200-1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting parry to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdxumy2,2016 007200-1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability, A commercial business auto policy shall provide coverage on "any auto', defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CrTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnruy2, 2016 007200-1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1, for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdmimy 2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 0132 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12, Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnxuy2,2016 007200-1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: t) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fcbrumy2, 2016 007200-1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify; a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2, C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to filrnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use ofsubstituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary 2, 2016 007200-1 GENERAL CONDITIONS Page 24 of63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdmmy2,2016 007200-1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the fall amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmy2, 2016 007200-1 GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the IIth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all Iicense fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdxuary 2, 2016 007200-1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses_ Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Feb utvy2, 2016 007200-1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.ushaxinfb/taxforms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and OtherAreas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: F&nay 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdmu¢y 2, 2D16 007200-1 GENERAL CONDITIONS Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Feban¢y2, 2016 Od 72 00 - 1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements, 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.1 S.C. Submittals submitted as herein provided conformance with the design concept shall Documents unless otherwise required by City. by Contractor and reviewed by City for be executed in conformity with the Contract 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdxuafy2,2016 007200-I GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdmiwy2, 20 t 6 00 72 00 -1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. I_IIIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and.causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fein my 2, 2016 007200-1 GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE _EVEN _IF_ ITS ALLEGED OR PROVEN HAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Felmrny 2, 2016 007200-1 GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended., Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs, Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fe}ntimy2, 2016 00 72 00 - I GENERAL CONDITIONS Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. .ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely ffirnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdmimy 2, 2016 007200-1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is Mike Bennett, or his/her successor pursuant to written notification from the Director of Transportation/Public Works Department. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Febawy2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinationsfor Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 -- CHANGES IN THE WORD; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Fdxumy 2, 2016 007200-1 GENERAL CONDITIONS Page 39 of63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10,06, B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fe(ruaay2, 2016 007200-1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02, 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2, 2016 007200-1 GENERAL CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included. The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.13, and shall include but not be limited to the following items: Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febumy2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from. causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. £ The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded. The term Cost of the Work shall not include any of the following items: 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.AA, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.OLA and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances. 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdxumy2, 2016 007200-1 GENERAL CONDITIONS Page 44 of 63 a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febwmy2, 2016 007200-I GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fehnwy 2, 2D 16 007200-1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.013.2, 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 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnoy 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.6, and 11,01,13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FeEn =y2, 2016 00 72 00 - I GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 -- TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise there of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnwy2,20I6 00 72 00 - 1 GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnuaty2, 2016 007200-1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmy 2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13,09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Feln imy 2, 2016 00 72 00 -1 GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Felmuaiy 2, 2016 007200-1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdxuury+2, 2016 007200-1 GENERAL CONDITIONS Page 54 of63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%}• D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment.- Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febawsy2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 55 of63 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. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdmay2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment. 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2,2016 007200-i GENERAL CONDITIONS Page 57 of63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 -- SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdx=y2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdmimy2, 20I6 007200-1 GENERAL CONDITIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 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. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnuffy 2, 2016 007200-1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be fiunished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Felxumy2,20I6 007200-1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within. such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febwary2,2016 007200-1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Fdxtwy2,2016 007200-1 GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fdmmy2, 2016 00 73 00 - 1 SUPPLEMENTARY CONDITIONS Page 1 of 5 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 Supplementary Conditions 7 8 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other 9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11 of the General Conditions which are not so modified or supplemented remain in full force and effect. 12 13 Defined Terms 14 15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16 meaning assigned to them in the General Conditions, unless specifically noted herein. 17 18 Modifications and Supplements 19 20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21 other Contract Documents, 22 23 SC-3.03B.2, "Resolving Discrepancies" 24 25 Plans govern over Specifications. 26 27 SC-4.01A 28 29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 30 Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the 31 Contract Drawings. 32 33 SC-4.01A.1., "Availability of Lands" 34 35 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 36 August 23, 2019: 37 38 Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION 1 McPherson Ranch HOA September 30, 2019 3 Vista Greens HOA September 30, 2019 4 Vista Greens HOA September 30, 2019 5 Vista Greens HOA September 30, 2019 39 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 40 and do not bind the City. 41 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 22, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 5 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 August 23, 2019: EXPECTED UTILITY AND LOCATION OWNER Verizon TARGET DATE OF ADJUSTMENT November 15, 2019 Atmos September 15, 2019 ................ ..•- ................... ......_............. ..-............... .-..................... ._._............... -............... _ �................................... _ - _....... �.............._............... AT&T October 15 2019 Charter October 30, 2019 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: A Geotechnical Report No. W182816, dated November 8, 2018, prepared by Alpha Testing, Inc., a sub - consultant of Neel -Schaffer, Inc., a consultant of the City, providing additional information on the geotechnical exploration. 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: Neel -Schaffer, Inc. (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: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 Keller Haslet Road Culvert Project No. 101492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease -policy limit SC-5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC-5.0413. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of $1,000,000 each occurrence $2, 000, 000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide ` X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injuryperperson/ $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 — Required for this Contract SC-6.04., "Project Schedule" Project schedule shall be tier 3 for the project. SC-6.07., "Wage Rates" X Not required for this Contract The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: SC-6.09., "Permits and Utilities" CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 Keller Haslet Road Culvert Project No. 101492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 5 SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: None. SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: 1. 404 Permit SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of August 23, 2019: 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: None Vendor Scope of Work Coordination Authority SC-8.01, "Communications to Contractor" None SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Mike Bennett, or his/her successor pursuant to written notification from the Director of Transportation and Public Works. 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 January 22, 2016 Keller Haslet Road Culvert Project No. 101492 00 73 00 - 5 SUPPLEMENTARY CONDITIONS Page 5 of 5 Revision Log DATE NAME SUMMARY OF CHANGE 1/22/2016 F. Griffin SC-9.01., "City's Project Representative" wording changed to City's Project Manager. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No, 101492 Revised January 22, 2016 011100-1 SUMMARY OF WORK Page 1 of 3 3 1 SECTION 011100 2 SUMMARY OF WORK 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights -of -way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Keller Haslet Road Culvert Project No. 101492 01 11 00 - 2 SUMMARY OF WORK Page 2 of 3 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 I 0 1 2 3 4 5 6 7 8 9 01 11 00 - 3 SUMMARY OF WORK Page 3 of 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] 10 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 20I2 Keller Haslet Road Culvert Project No. 101492 01 25 00 - 1 SUBSTITUTION PROCEDURES Page 1 of 5 1 SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to I or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or -equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1 — General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution - General 26 1. Within 30 days after award of Contract (unless noted otherwise), the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors, trade names, or 31 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or -equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or -equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised duly 1, 2011 012500-2 SUBSTITUTION PROCEDURES Page 2 of 5 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 11 1 012500-3 SUBSTITUTION PROCEDURES Page 3 of 5 1 4. No additional contract time will be given for substitution. 2 5. Substitution will be rejected if- 3 a. Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion, acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion, substitution will not perform adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product, the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified, and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work, to include building 20 modifications if necessary, making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2 - PRODUCTS [NOT USED] 28 PART 3 - EXECUTION [NOT USED] 29 30 31 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 1 2 3 4 5 6 7 8 9 10 11 012500-4 SUBSTITUTION PROCEDURES Page 4 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 12 Proposed Substitution: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Address Date Telephone For Use by City: Approved Recommended Recommended Not recommended Received late By — Date Remarks Rejected CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project Na. 101492 Revised July 1, 2011 City Date 012500-5 SUBSTITUTION PROCEDURES Page 5 of 5 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. I01442 Revised July 1, 2011 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 013119 PRECONSTRUCTION MEETING 013119-1 PRECONSTRUCTION MEETING Page] of 3 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised August I7, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 01 31 19-2 PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 0132 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre -Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment J. Questions or Comments CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Keller Haslet Road Culvert Project No. 101492 1 2 3 4 5 6 7 8 9 10 11 12 13 01 31 I9 - 3 PRECONSTRUCTION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 Keller Haslet Road Culvert Project No. 101492 0 013120-1 PROJECT MEETINGS Pagel of 3 1 SECTION 013120 2 PROJECT MEETINGS 3 (Specifier: This Specification is intended for use on projects designated as Tier 3 or Tier 4.] 4 PART1- GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. Provisions for project meetings throughout the construction period to enable orderly 8 review of the progress of the Work and to provide for systematic discussion of 9 potential problems 10 B. Deviations this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 — General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS 21 A. Coordination 22 1. Schedule, attend and administer as specified, periodic progress meetings, and 23 specially called meetings throughout progress of the Work. 24 2. Representatives of Contractor, subcontractors and suppliers attending meetings 25 shall be qualified and authorized to act on behalf of the entity each represents. 26 3. Meetings administered by City may be tape recorded. 27 a. If recorded, tapes will be used to prepare minutes and retained by City for 28 future reference. 29 4. Meetings, in addition to those specified in this Section, may be held when requested 30 by the City, Engineer or Contractor. 31 B. Pre -Construction Neighborhood Meeting 32 1. After the execution of the Agreement, but before construction is allowed to begin, 33 attend 1 Public Meeting with affected residents to: 34 a. Present projected schedule, including construction start date 35 b. Answer any construction related questions 36 2. Meeting Location 37 a. Location of meeting to be determined by the City. 38 3. Attendees CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 01 31 20 - 2 PROJECT MEETINGS Page 2 of 3 a. Contractor b. Project Representative c. Other City representatives 4. Meeting Schedule a. In general, the neighborhood meeting will occur within the 2 weeks following the pre -construction conference. b. In no case will construction be allowed to begin until this meeting is held. C. Progress Meetings 1. Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as - needed basis. Such additional meetings shall include, but not be limited to: a. Coordinating shutdowns b. Installation of piping and equipment c. Coordination between other construction projects d. Resolution of construction issues e. Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives f. Others, as requested by the Project Representative 5. Preliminary Agenda may include: a. Review of Work progress since previous meeting b. Field observations, problems, conflicts c. Items which impede construction schedule d. Review of off site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts f. Corrective measures and procedures to regain projected schedule g. Revisions to construction schedule h. Progress, schedule, during succeeding Work period i. Coordination of schedules j. Review submittal schedules k. Maintenance of quality standards 1. Pending changes and substitutions m. Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No, 101492 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 01 31 20 - 3 PROJECT MEETINGS Page 3 of 3 p. Review status of Requests for Information 6. Meeting Schedule a. Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a) City b) Engineer c) Contractor 7. Meeting Location a. The City will establish a meeting location. 1) To the extent practicable, meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 21 PART 3 - EXECUTION [NOT USED] 22 23 24 END OF SECTION Revision Log DATE NAME I SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 1 01 32 16 - 1 CONSTRUCTION PROGRESS SCHEDULE Page I of 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1— GeneraI Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Definitions 1. Schedule Tiers a. Tier 1 - No schedule submittal required by contract. Small, brief duration projects b. Tier 2 - No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3 - Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program projects d. Tier 4 - Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity c. Tier 5 - Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water or wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative - Concise narrative of the schedule including schedule 2 changes, expected delays, key schedule issues, critical path items, etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 ADMINISTRATIVE REQUIREMENTS 6 A. Baseline Schedule 7 1. General 8 a. Prepare a cost -loaded baseline Schedule using approved software and the 9 Critical Path Method (CPM) as required in the City of Fort Worth Schedule 10 Guidance Document. 11 b. Review the draft cost -loaded baseline Schedule with the City to demonstrate 12 understanding of the work to be performed and known issues and constraints 13 related to the schedule. 14 c. Designate an authorized representative (Project Scheduler) responsible for 15 developing and updating the schedule and preparing reports. 16 B. Progress Schedule 17 1. Update the progress Schedule monthly as required in the City of Fort Worth 18 Schedule Guidance Document. 19 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 20 3. Change Orders 21 a. Incorporate approved change orders, resulting in a change of contract time, in 22 the baseline Schedule in accordance with City of Fort Worth Schedule 23 Guidance Document. 24 C. Responsibility for Schedule Compliance 25 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 26 Report that delays to the critical path have resulted and the Contract completion 27 date will not be met, or when so directed by the City, make some or all of the 28 following actions at no additional cost to the City 29 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 30 outlining: 31 1) A written statement of the steps intended to take to remove or arrest the 32 delay to the critical path in the approved schedule 33 2) Increase construction manpower in such quantities and crafts as will 34 substantially eliminate the backlog of work and return current Schedule to 35 meet projected baseline completion dates 36 3) Increase the number of working hours per shift, shifts per day, working 37 days per week, the amount of construction equipment, or any combination 38 of the foregoing, sufficiently to substantially eliminate the backlog of work 39 4) Reschedule activities to achieve maximum practical concurrency of 40 accomplishment of activities, and comply with the revised schedule 41 2. If no written statement of the steps intended to take is submitted when so requested 42 by the City, the City may direct the Contractor to increase the level of effort in 43 manpower (trades), equipment and work schedule (overtime, weekend and holiday 44 work, etc.) to be employed by the Contractor in order to remove or arrest the delay 45 to the critical path in the approved schedule. 46 a. No additional cost for such work will be considered. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No, 101492 Revised July 1, 2011 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 D. The Contract completion time will be adjusted only for causes specified in this 2 Contract. 3 a. Requests for an extension of any Contract completion date must be 4 supplemented with the following: 5 1) Furnish justification and supporting evidence as the City may deem 6 necessary to determine whether the requested extension of time is entitled 7 under the provisions of this Contract. 8 a) The City will, after receipt of such justification and supporting 9 evidence, make findings of fact and will advise the Contractor, in 10 writing thereof. 11 2) If the City finds that the requested extension of time is entitled, the City's 12 determination as to the total number of days allowed for the extensions 13 shall be based upon the approved total baseline schedule and on all data 14 relevant to the extension. 15 a) Such data shall be included in the next updating of the Progress 16 schedule. 17 b) Actual delays in activities which, according to the Baseline schedule, 18 do not affect any Contract completion date shown by the critical path in 19 the network will not be the basis for a change therein. 20 2. Submit each request for change in Contract completion date to the City within 30 21 days after the beginning of the delayfor which a time extension is requested but 22 before the date of final payment under this Contract. 23 a. No time extension will be granted for requests which are not submitted within 24 the foregoing time limit. 25 b. From time to time, it may be necessary for the Contract schedule or completion 26 time to be adjusted by the City to reflect the effects of job conditions, weather, 27 technical difficulties, strikes, unavoidable delays on the part of the City or its 28 representatives, and other unforeseeable conditions which may indicate 29 schedule adjustments or completion time extensions. 30 1) Under such conditions, the City will direct the Contractor to reschedule the 31 work or Contract completion time to reflect the changed conditions and the 32 Contractor shall revise his schedule accordingly. 33 a) No additional compensation will be made to the Contractor for such 34 schedule changes except for unavoidable overall contract time 35 extensions beyond the actual completion of unaffected work, in which 36 case the Contractor shall take all possible action to minimize any time 37 extension and any additional cost to the City. 38 b) Available float time in the Baseline schedule may be used by the City 39 as well as by the Contractor. 40 3. Float or slack time is defined as the amount of time between the earliest start date 41 and the latest start date or between the earliest finish date and the latest finish date 42 of a chain of activities on the Baseline Schedule. 43 a. Float or slack time is not for the exclusive use or benefit of either the 44 Contractor or the City. 45 b. Proceed with work according to early start dates, and the City shall have the 46 right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 c. Acknowledge and agree that actual delays, affecting paths of activities 2 containing float time, will not have any effect upon contract completion times, 3 providing that the actual delay does not exceed the float time associated with 4 those activities. 5 E. Coordinating Schedule with Other Contract Schedules 6 1. Where work is to be performed under this Contract concurrently with or contingent 7 upon work performed on the same facilities or area under other contracts, the 8 Baseline Schedule shall be coordinated with the schedules of the other contracts. 9 a. Obtain the schedules of the other appropriate contracts from the City for the 10 preparation and updating of Baseline schedule and make the required changes 11 in his schedule when indicated by changes in corresponding schedules. 12 2. In case of interference between the operations of different contractors, the City will 13 determine the work priority of each contractor and the sequence of work necessary 14 to expedite the completion of the entire Project. 15 a. In such cases, the decision of the City shall be accepted as final. 16 b. The temporary delay of any work due to such circumstances shall not be 17 considered as justification for claims for additional compensation. 18 1.5 SUBMITTALS 19 A. Baseline Schedule 20 1. Submit Schedule in native file format and pdf format as required in the City of Fort 21 Worth Schedule Guidance Document. 22 a. Native file format includes: 23 1) Primavera (P6 or Primavera Contractor) 24 2. Submit draft baseline Schedule to City prior to the pre -construction meeting and 25 bring in hard copy to the meeting for review and discussion. 26 B. Progress Schedule 27 1. Submit progress Schedule in native file format and pdf format as required in the 28 City of Fort Worth Schedule Guidance Document. 29 2. Submit progress Schedule monthly no later than the last day of the month. 30 C. Schedule Narrative 31 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 32 Schedule Guidance Document. 33 2. Submit schedule narrative monthly no later than the last day of the month. 34 D. Submittal Process 35 1. The City administers and manages schedules through Buzzsaw. 36 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 37 Guidance Document. 38 3. Once the project has been completed and Final Acceptance has been issued by the 39 City, no further progress schedules are required. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USEDI 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 5 6 7 8 9 10 11 12 13 14 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] 15 PART 3 - EXECUTION [NOT USED] 16 17 18 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0132 33 PRECONSTRUCTION VIDEO 013233-1 PRECONSTRUCTION VIDEO Page 1 of 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: I 1 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 01 32 33 - 2 PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0133 00 SUBMITTALS 013300-I SUBMITTALS Page 1 of 8 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work -related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1— General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 01 33 00 - 2 SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 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 %2 inches x 11 inches to 8 '/2 inches x 1 Iinches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Keller Haslet Road Culvert Project No. 101492 013300-3 SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of: 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom -prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing -in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 01 33 00 - 4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 S) Printed performance curves and operational -range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare -parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include, but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 L 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. 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) CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 013300-5 SUBMITTALS Page 5 of 8 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples, where required, to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors, including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City, except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy, for coordinating the 35 Work with all other associated work and trades, for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings, data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance, the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under 1 of the following codes: 43 a. Code 1 44 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or 45 comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 01 33 00 - 6 SUBMITTALS Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however, all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however, all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all comments, omissions and 14 non -conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 Calendar Days of 16 the date of the Citys transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense, based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than 1 resubmission or any other delay in obtaining City's 37 review of submittals, will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial, at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor, and will be considered "Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents, then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 013300-7 SUBMITTALS Page 7 of 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE INOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 1 PART 2 u PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION 4 013300-8 SUBMITTALS Page 8 of 8 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.S. Working Days modified to Calendar Days CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project. No. 101492 Revised December 20, 2012 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of S 1 SECTION 013513 2 SPECIAL PROJECT PROCEDURES 3 [Text in Blue is for information or guidance. Remove all blue text in the final project document.] 4 PART1- GENERAL G K 1uYi-� iu v"AI 6 A. Section Includes: 7 1. The procedures for special project circumstances that includes, but is not limited to: 8 a. Coordination with the Texas Department of Transportation 9 b. Work near High Voltage Lines 10 c. Confined Space Entry Program 11 d. Air Pollution Watch Days 12 e. Use of Explosives, Drop Weight, Etc. 13 f. Water Department Notification 14 g. Public Notification Prior to Beginning Construction 15 h. Coordination with United States Army Corps of Engineers 16 i. Coordination within Railroad permits areas 17 j. Dust Control 18 k. Employee Parking 19 1. (Coordination with North Central Texas Council of Governments Clean 20 Construction Specification [remove if not required]) 21 B. Deviations from this City of Fort Worth Standard Specification 22 1. None. 23 C. Related Specification Sections include, but are not necessarily limited to: 24 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 25 2. Division 1 — General Requirements 26 3. Section 33 12 25 — Connection to Existing Water Mains 27 1.2 PRICE AND PAYMENT PROCEDURES 28 29 30 31 32 33 34 35 36 37 38 39 40 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 Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 0135 13 - 2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 6) Other requirements associated with general coordination with Railroad, 2 including additional employees required to protect the right-of-way and 3 property of the Railroad from damage arising out of and/or from the 4 construction of the Project. 5 2. Railroad Flagmen 6 a. Measurement 7 1) Measurement for this Item will be per working day. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 will be paid for each working day that Railroad Flagmen are present at the 11 Site. 12 c. The price bid shall include: 13 1) Coordination for scheduling flagmen 14 2) Flagmen 15 3) Other requirements associated with Railroad 16 3. All other items 17 a. Work associated with these Items is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this Specification refer to the current reference 22 standard published at the time of the latest revision date logged at the end of this 23 Specification, unless a date is specifically cited. 24 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 25 High Voltage Overhead Lines. 26 3. North Central Texas Council of Governments (NCTCOG) — Clean Construction 27 Specification 28 1.4 ADMINISTRATIVE REQUIREMENTS 29 A. Coordination with the Texas Department of Transportation 30 1. When work in the right-of-way which is under the jurisdiction of the Texas 31 Department of Transportation (TxDOT): 32 a. Notify the Texas Department of Transportation prior to commencing any work 33 therein in accordance with the provisions of the permit 34 b. All work performed in the TxDOT right-of-way shall be performed in 35 compliance with and subject to approval from the Texas Department of 36 Transportation 37 B. Work near High Voltage Lines 38 1. Regulatory Requirements 39 a. All Work near High Voltage Lines (more than 600 volts measured between 40 conductors or between a conductor and the ground) shall be in accordance with 41 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 42 2. Warning sign 43 a. Provide sign of sufficient size meeting all OSHA requirements. 44 3. Equipment operating within 10 feet of high voltage lines will require the following 45 safety features CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 0135 13 - 3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Insulating cage -type of guard about the boom or arm 2 b. Insulator links on the lift hook connections for back hoes or dippers 3 c. Equipment must meet the safety requirements as set forth by OSHA and the 4 safety requirements of the owner of the high voltage lines 5 4. Work within 6 feet of high voltage electric lines 6 a. Notification shall be given to: 7 1) The power company (example: ONCOR) 8 a) Maintain an accurate log of all such calls to power company and record 9 action taken in each case. 10 b. Coordination with power company 11 1) After notification coordinate with the power company to: 12 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 13 lower the lines 14 c. No personnel may work within 6 feet of a high voltage line before the above 15 requirements have been met. 16 C. Confined Space Entry Program 17 1. Provide and follow approved Confined Space Entry Program in accordance with 18 OSHA requirements. 19 2. Confined Spaces include: 20 a. Manholes 21 b. All other confined spaces in accordance with OSHA's Permit Required for 22 Confined Spaces 23 D. Air Pollution Watch Days 24 1. General 25 a. Observe the following guidelines relating to working on City construction sites 26 on days designated as "AIR POLLUTION WATCH DAYS". 27 b. Typical Ozone Season 28 1) May 1 through October 31. 29 c. Critical Emission Time 30 1) 6:00 a.m. to 10:00 a.m. 31 2. Watch Days 32 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 33 with the National Weather Service, will issue the Air Pollution Watch by 3:00 34 p.m. on the afternoon prior to the WATCH day. 35 b. Requirements 36 1) Begin work after 10:00 a.m. whenever construction phasing requires the 37 use of motorized equipment for periods in excess of 1 hour. 38 2) However, the Contractor may begin work prior to 10:00 a.m. if. 39 a) Use of motorized equipment is less than 1 hour, or 40 b) If equipment is new and certified by EPA as "Low Emitting", or 41 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 42 alternative fuels such as CNG. 43 E. TCEQ Air Permit 44 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 45 F. Use of Explosives, Drop Weight, Etc. 46 1. When Contract Documents permit on the project the following will apply: CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 01 35 13-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 a. Public Notification 2 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 3 prior to commencing. 4 2) Minimum 24 hour public notification in accordance with Section 01 31 13 5 G. Water Department Coordination 6 1. During the construction of this project, it will be necessary to deactivate, for a 7 period of time, existing lines. The Contractor shall be required to coordinate with 8 the Water Department to determine the best times for deactivating and activating 9 those lines. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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. H. 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. I. Public Notification of Temporary Water Service Interruption during Construction CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 1 1. In the event it becomes necessary to temporarily shut down water service to 2 residents or businesses during construction, prepare and deliver a notice or flyer of 3 the pending interruption to the front door of each affected resident. 4 2. Prepared notice as follows: 5 a. The notification or flyer shall be posted 24 hours prior to the temporary 6 interruption. 7 b. Prepare flyer on the contractor's letterhead and include the following 8 information: 9 1) Name of the project 10 2) City Project Number 11 3) Date of the interruption of service 12 4) Period the interruption will take place 13 5) Name of the contractor's foreman and phone number 14 6) Name of the City's inspector and phone number 15 c. A sample of the temporary water service interruption notification is attached as 16 Exhibit B. 17 d. Deliver a copy of the temporary interruption notification to the City inspector 18 for review prior to being distributed. 19 e. No interruption of water service can occur until the flyer has been delivered to 20 all affected residents and businesses. 21 f. Electronic versions of the sample flyers can be obtained from the Project 22 Construction Inspector. 23 J. Coordination with United States Army Corps of Engineers (USACE) 24 1. At locations in the Project where construction activities occur in areas where 25 USACE permits are required, meet all requirements set forth in each designated 26 permit. 27 K. Coordination within Railroad Permit Areas 28 1. At locations in the project where construction activities occur in areas where 29 railroad permits are required, meet all requirements set forth in each designated 30 railroad permit. This includes, but is not limited to, provisions for: 31 a. Flagmen 32 b. Inspectors 33 c. Safety training 34 d. Additional insurance 35 e. Insurance certificates 36 £ Other employees required to protect the right-of-way and property of the 37 Railroad Company from damage arising out of and/or from the construction of 38 the project. Proper utility clearance procedures shall be used in accordance 39 with the permit guidelines. 40 2. Obtain any supplemental information needed to comply with the railroad's 41 requirements. 42 3. Railroad Flagmen 43 a. Submit receipts to City for verification of working days that railroad flagmen 44 were present on Site. 45 L. Dust Control 46 1. Use acceptable measures to control dust at the Site. 47 a. If water is used to control dust, capture and properly dispose of waste water. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 1 b. If wet saw cutting is performed, capture and properly dispose of slurry. 2 M. Employee Parking 3 1. Provide parking for employees at locations approved by the City. 4 N. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 5 Construction Specification [if required for the project — verify with City] 6 1. Comply with equipment, operational, reporting and enforcement requirements set 7 forth in NCTCOG's Clean Construction Specification.} 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 19 20 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.4.13 — Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 1.4.E — Added Contractor responsibility for obtaining a TCEQ Air Permit CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WOR i H, OUR COMPANY WILL WORK ON U T ILI T Y 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 3306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Keller Haslet Road Culvert Project No. 101492 1 3 4 01 35 13 -8 SPECIAL PROJECT PROCEDURES Page 8 of 8 EXHIBIT B ORT �VOR7f om NO. xxxx NOOKS OF TEMPORART 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 December 20, 2012 Keller Haslet Road Culvert Project No. 101492 014523-1 TESTING AND INSPECTION SERVICES Page 1 of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division I — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution (if required in Iieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) "Pests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 25 26 27 28 29 30 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 Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised duly 1, 2011 I 015000-1 TEMPORARY FACtLrrIES AND CONTROLS Page] of 4 1 SECTION 0150 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 01 50 00 - 2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 1 d. Contractor Payment for Construction Water 2 1) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. Temporary Heat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 1. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off -site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. S 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR] / [RESTORATION] 25 3.6 RE -INSTALLATION 26 3.7 FIELD join SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 01 50 00 - 4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 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 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 I 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page I of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 — General Requirements 15 3. Section 34 71 13 — Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 28 29 30 31 32 33 34 35 36 37 38 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. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 015713-1 STORM WATER POLLUTION PREVENTION Page I of 3 1 SECTION 015713 2 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the 11 Contract 12 2. Division 1 — General Requirements 13 3. Section 3125 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 3125 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2, Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 015713-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 0133 00, except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 0157 13 - 3 STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 0133 00. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.9 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USEDI 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 IRevision Log DATE NAME I SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 01 58 13-1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 1 SECTION 0158 13 2 TEMPORARY PROJECT SIGNAGE 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. Nome. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 -- Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division I — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS ]NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS 27 2.1 OWNER -FURNISHED [oR1 OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 29 A. Design Criteria 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 01 58 13 - 2 TEMPORARY PROJECT SIGNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of Y4-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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 JoR] 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 Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 01 58 13-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 r 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0160 00 PRODUCT REQUIREMENTS 016000-1 PRODUCT REQUIREMENTS Page 1 of 2 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. Norse. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division I — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources102 - Construction Documents\Standard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved for use, including but not limited to, that 27 manufacturer's standard product. 28 E. See Section 01 33 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USEDI 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Keller Haslet Road Culvert Project No. 101492 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 016000-2 PRODUCT REQUIREMENTS Page 2 of 2 Revision Log DATE NAME SUA MARY OF CHANGE 10/12/12 D. Johnson Modified Location of City's Standard Product List CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 — General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 01 66 00 - 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 private property 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 duly 1, 2011 Keller Haslet Road Culvert Project No. 101492 01 66 00 - 3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR I RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD JoR] 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] 310 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 1, 2011 Keller Haslet Road Culvert Project No. 101492 01 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 01 70 00 - 1 MOBILIZATION AND REMOBILIZATION Page I of4 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 4 PART1- GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) RemovaI of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised November 22, 2016 Keller haslet Road Culvert Project No. 101492 01 70 00 - 2 MOBILIZATION AND REMOBILIZATION Page 2 of 4 1 3. Mobilizations and Demobilization for Miscellaneous Projects 2 a. Mobilization and Demobilization 3 1) Mobilization shall consist of the activities and cost on a Work Order basis 4 necessary for: 5 a) Transportation of Contractor's personnel, equipment, and operating 6 supplies to the Site for the issued Work Order. 7 b) Establishment of necessary general facilities for the Contractor's 8 operation at the Site for the issued Work Order 9 2) Demobilization shall consist of the activities and cost necessary for: 10 a) Transportation of Contractor's personnel, equipment, and operating 11 supplies from the Site including disassembly for each issued Work 12 Order 13 b) Site Clean-up for each issued Work Order 14 c) Removal of all buildings or other facilities assembled at the Site for 15 each Work Oder 16 b. Mobilization and Demobilization do not include activities for specific items of 17 work for which payment is provided elsewhere in the contract. 18 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 19 a. A Mobilization for Miscellaneous Projects when directed by the City and the 20 mobilization occurs within 24 hours of the issuance of the Work Order. 21 B. Deviations from this City of Fort Worth Standard Specification 22 1. None. 23 C. Related Specification Sections include, but are not necessarily limited to: 24 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 25 2. Division 1 — General Requirements 26 1.2 PRICE AND PAYMENT PROCEDURES 27 A. Measurement and Payment [Consult City Department/Division for direction on if 28 Mobilization pay item to be included or the item should be subsidiary. Include the 29 appropriate Section 1.2 A. 1.] 30 Mobilization and Demobilization 31 a. Measure 32 1) This Item is considered subsidiary to the various Items bid. 33 b. Payment 34 1) The work performed and materials furnished in accordance with this Item 35 are subsidiary to the various Items bid and no other compensation will be 36 allowed. 37 38 39 2. Remobilization for suspension of Work as specifically required in the Contract 40 Documents 41 a. Measurement 42 1) Measurement for this Item shall be per each remobilization performed. 43 b. Payment CITY OF FORT WORTH Keller haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised November 22, 2016 01 70 00 - 3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 1 1) The work performed and materials furnished in accordance with this Item 2 and measured as provided under "Measurement" will be paid for at the unit 3 price per each "Specified Remobilization" in accordance with Contract 4 Documents. 5 c. The price shall include: 6 1) Demobilization as described in Section 1.1.A.2.a.1) 7 2) Remobilization as described in Section I.1.A.2.a.2) 8 d. No payments will be made for standby, idle time, or lost profits associated this 9 Item. 10 3. Remobilization for suspension of Work as required by City 11 a. Measurement and Payment 12 1) This shall be submitted as a Contract Claim in accordance with Article 10 13 of Section 00 72 00. 14 2) No payments will be made for standby, idle time, or lost profits associated 15 with this Item. 16 4. Mobilizations and Demobilizations for Miscellaneous Projects 17 a. Measurement 18 1) Measurement for this Item shall be for each Mobilization and 19 Demobilization required by the Contract Documents 20 b. Payment 21 1) The Work performed and materials furnished in accordance with this Item 22 and measured as provided under "Measurement" will be paid for at the unit 23 price per each "Work Order Mobilization" in accordance with Contract 24 Documents. Demobilization shall be considered subsidiary to mobilization 25 and shall not be paid for separately. 26 c. The price shall include: 27 1) Mobilization as described in Section 1.1.A.3.a.1) 28 2) Demobilization as described in Section 1.1.A.3.a.2) 29 d. No payments will be made for standby, idle time, or lost profits associated this 30 Item. 31 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 32 a. Measurement 33 1) Measurement for this Item shall be for each Mobilization and 34 Demobilization required by the Contract Documents 35 b. Payment 36 1) The Work performed and materials furnished in accordance with this Item 37 and measured as provided under "Measurement" will be paid for at the unit 38 price per each "Work Order Emergency Mobilization" in accordance with 39 Contract Documents. Demobilization shall be considered subsidiary to 40 mobilization and shall not be paid for separately. 41 c. The price shall include 42 1) Mobilization as described in Section 1.1.A.4.a) 43 2) Demobilization as described in Section i.1.A.3.a.2) 44 d. No payments will be made for standby, idle time, or lost profits associated this 45 Item. 46 1.3 REFERENCES [NOT USED] 47 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised November 22, 2016 017000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.5 SUBMITTALS [NOT USED] 2 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 11 /22/16 Michael Owen 1.2 Price and Payment Procedures - Revised specification, including blue text, to make specification flexible for either subsidiary or paid bid item for Mobilization. CITY OF FORT WORTH Keller haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised November 22, 2016 N I 017t23-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 8 1 SECTION 017123 2 CONSTRUCTION STAKING AND SURVEY 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) Measurement for this Item shall be by lump sum. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item shall be paid for at the lump sum price bid for "Construction Staking". 20 2) Payment for "Construction Staking" shall be made in partial payments 21 prorated by work completed compared to total work included in the lump 22 sum item. 23 c. The price bid shall include, but not be limited to the following: 24 1) Verification of control data provided by City. 25 2) Placement, maintenance and replacement of required stakes and markings 26 in the field. 27 3) Preparation and submittal of construction staking documentation in the 28 form of "cut sheets" using the City's standard template. 29 2. Construction Survey 30 a. Measurement 31 1) This Item is considered subsidiary to the various Items bid. 32 b. Payment 33 1) The work performed and the materials furnished in accordance with this 34 Item are subsidiary to the various Items bid and no other compensation will be 35 allowed. 36 3. As -Built Survey 37 a. Measurement 38 1) Measurement for this Item shall be by lump sum. 39 b. Payment 40 1) The work performed and the materials furnished in accordance with this 41 Item shall be paid for at the lump sum price bid for "As -Built Survey". CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 Keller Haslet Road Culvert Project No. I01492 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 1 2) Payment for "Construction Staking" shall be made in partial payments 2 prorated by work completed compared to total work included in the lump sum 3 item. 4 c. The price bid shall include, but not be limited to the following:: 5 1) Field measurements and survey shots to identify location of completed 6 facilities. 7 2) Documentation and submittal of as -built survey data onto contractor redline 8 plans and digital survey files. 9 10 1.3 REFERENCES 11 A. Definitions 12 1. Construction Survey - The survey measurements made prior to or while 13 construction is in progress to control elevation, horizontal position, dimensions and 14 configuration of structures/improvements included in the Project Drawings. 15 2. As -built Survey —The measurements made after the construction of the 16 improvement features are complete to provide position coordinates for the features 17 of a project. 18 3. Construction Staking — The placement of stakes and markings to provide offsets 19 and elevations to cut and fill in order to locate on the ground the designed 20 structures/improvements included in the Project Drawings. Construction staking 21 shall include staking easements and/or right of way if indicated on the plans. 22 4. Survey "Field Checks" — Measurements made after construction staking is 23 completed and before construction work begins to ensure that structures marked on 24 the ground are accurately located per Project Drawings, 25 B. Technical References 26 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw 27 website) — 01 71 23.16.01— Attachment A Survey Staking Standards 28 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available 29 on City's Buzzsaw website). 30 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 31 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land 32 Surveying in the State of Texas, Category 5 33 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. The Contractor's selection of a surveyor must comply with Texas Government 36 Code 2254 (qualifications based selection) for this project. 37 1.5 SUBMITTALS 38 A. Submittals, if required, shall be in accordance with Section 0133 00. 39 B. All submittals shall be received and reviewed by the City prior to delivery of work. 40 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 41 A. Field Quality Control Submittals CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised February 14, 2018 017123-3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1 1. Documentation verifying accuracy of field engineering work, including coordinate 2 conversions if plans do not indicate grid or ground coordinates. 3 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 4 (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 5 1.7 CLOSEOUT SUBMITTALS 6 B. As -built Redline Drawing Submittal 7 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of 8 constructed improvements signed and sealed by Registered Professional Land 9 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A 10 — Survey Staking Standards) . 11 2. Contractor shall submit the proposed as -built and completed redline drawing 12 submittal one (1) week prior to scheduling the project final inspection for City 13 review and comment. Revisions, if necessary, shall be made to the as -built redline 14 drawings and resubmitted to the City prior to scheduling the construction final 15 inspection. 16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17 1.9 QUALITY ASSURANCE 18 A. Construction Staking 19 1. Construction staking will be performed by the Contractor. 20 2. Coordination 21 a. Contact City's Project Representative at least one week in advance notifying 22 the City of when Construction Staking is scheduled. 23 b. It is the Contractor's responsibility to coordinate staking such that 24 construction activities are not delayed or negatively impacted. 25 3. General 26 a. Contractor is responsible for preserving and maintaining stakes. if City 27 surveyors are required to re -stake for any reason, the Contractor will be 28 responsible for costs to perform staking. If in the opinion of the City, a 29 sufficient number of stakes or markings have been lost, destroyed disturbed or 30 omitted that the contracted Work cannot take place then the Contractor will be 31 required to stake or re -stake the deficient areas. 32 B. Construction Survey 33 1. Construction Survey will be performed by the Contractor. 34 2. Coordination 35 a. Contractor to verify that horizontal and vertical control data established in the 36 design survey and required for construction survey is available and in place. 37 3. General 38 a. Construction survey will be performed in order to construct the work shown 39 on the Construction Drawings and specified in the Contract Documents. 40 b. For construction methods other than open cut, the Contractor shall perform 41 construction survey and verify control data including, but not limited to, the 42 following: 43 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised February 14, 2018 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 1 2) Use of Benchmarks to furnish and maintain all reference lines and grades 2 for tunneling. 3 3) Use of line and grades to establish the location of the pipe. 4 4) Submit to the City copies of field notes used to establish all lines and 5 grades, if requested, and allow the City to check guidance system setup prior 6 to beginning each tunneling drive. 7 5) Provide access for the City, if requested, to verify the guidance system and 8 the line and grade of the carrier pipe. 9 6) The Contractor remains fully responsible for the accuracy of the work and 10 correction of it, as required. 11 7) Monitor line and grade continuously during construction. 12 8) Record deviation with respect to design line and grade once at each pipe 13 joint and submit daily records to the City. 14 9) If the installation does not meet the specified tolerances (as outlined in 15 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 16 the installation in accordance with the Contract Documents. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 C. As -Built Survey 1. Required As -Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater — Not Applicable CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised February 14, 2018 017123-5 CONSTRUCTION STAKING AND SURVEY Page 5 o178 1 b. The Contractor shall provide as -built survey including the elevation and 2 location (and provide written documentation to the City) of construction 3 features after the construction is completed including the following: 4 1) Manholes 5 a) Rim and flowline elevations and coordinates for each manhole 6 2) Water Lines 7 a) Cathodic protection test stations 8 b) Sampling stations 9 c) Meter boxes/vaults (All sizes) 10 d) Fire hydrants 11 e) Valves (gate, butterfly, etc.) 12 f) Air Release valves (Manhole rim and vent pipe) 13 g) Blow off valves (Manhole rim and valve lid) 14 h) Pressure plane valves 15 i) Underground Vaults 16 (1) Rim and flowline elevations and coordinates for each 17 Underground Vault. 18 3) Sanitary Sewer 19 a) Cleanouts 20 (1) Rim and flowline elevations and coordinates for each 21 b) Manholes and Junction Structures 22 (1) Rim and flowline elevations and coordinates for each 23 manhole and junction structure. 24 4) Stormwater — Not Applicable 25 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 26 1.11 FIELD [SITE] CONDITIONS [NOT USED] 27 1.12 WARRANTY 28 PART 2 - PRODUCTS 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 A. A construction survey will produce, but will not be limited to: 1. Recovery of relevant control points, points of curvature and points of intersection. 2. Establish temporary horizontal and vertical control elevations (benchmarks) sufficiently permanent and located in a manner to be used throughout construction. 3. The location of planned facilities, easements and improvements. a. Establishing final line and grade stakes for piers, floors, grade beams, parking areas, utilities, streets, highways, tunnels, and other construction. b. A record of revisions or corrections noted in an orderly manner for reference. c. A drawing, when required by the client, indicating the horizontal and vertical location of facilities, easements and improvements, as built. 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all construction staking projects. These cut sheets shall be on the standard city template which can be obtained from the Survey Superintendent (817-392-7925). 5. Digital survey files in the following formats shall be acceptable: a. AutoCAD (.dwg) b. ESRI Shapefile (.shp) CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised February 14, 2018 017123-6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use standard templates, if available) 6. Survey files shall include vertical and horizontal data tied to original project control and benchmarks, and shall include feature descriptions 5 PART 3 - EXECUTION 6 3.1 INSTALLERS 7 A. Tolerances: 8 1. The staked location of any improvement or facility should be as accurate as 9 practical and necessary. The degree of precision required is dependent on many 10 factors all of which must remain judgmental. The tolerances listed hereafter are 11 based on generalities and, under certain circumstances, shall yield to specific 12 requirements. The surveyor shall assess any situation by review of the overall plans 13 and through consultation with responsible parties as to the need for specific 14 tolerances. 15 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 16 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 17 1.0 ft. tolerance. 18 b. Horizontal alignment on a structure shall be within .0.1ft tolerance. 19 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 20 walkways shall be located within the confines of the site boundaries and, 21 occasionally, along a boundary or any other restrictive Iine. Away from any 22 restrictive line, these facilities should be staked with an accuracy producing no 23 more than 0.05ft. tolerance from their specified locations. 24 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 25 electric lines, shall be located horizontally within their prescribed areas or 26 easements. Within assigned areas, these utilities should be staked with an 27 accuracy producing no more than 0.1 ft tolerance from a specified location. 28 e. The accuracy required for the vertical location of utilities varies widely. Many 29 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 30 should be maintained. Underground and overhead utilities on planned profile, 31 but not depending on gravity flow for performance, should not exceed 0.1 ft. 32 tolerance. 33 B. Surveying instruments shall be kept in close adjustment according to manufacturer's 34 specifications or in compliance to standards. The City reserves the right to request a 35 calibration report at any time and recommends regular maintenance schedule be 36 performed by a certified technician every 6 months. 37 1. Field measurements of angles and distances shall be done in such fashion as to 38 satisfy the closures and tolerances expressed in Part 3.I.A. 39 2. Vertical locations shall be established from a pre -established benchmark and 40 checked by closing to a different bench mark on the same datum. 41 3. Construction survey field work shall correspond to the client's plans. Irregularities 42 or conflicts found shall be reported promptly to the City. 43 4. Revisions, corrections and other pertinent data shall be logged for future reference. 44 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised February 14, 2018 0 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of S 1 3.2 EXAMINATION [NOT USED] 2 3.3 PREPARATION [NOT USED] 3 3.4 APPLICATION 4 3.5 REPAIR / RESTORATION 5 A. If the Contractor's work damages or destroys one or more of the control 6 monuments/points set by the City, the monuments shall be adequately referenced for 7 expedient restoration. 8 1. Notify City if any control data needs to be restored or replaced due to damage 9 caused during construction operations. 10 a. Contractor shall perform replacements and/or restorations. 11 b. The City may require at any time a survey "Field Check" of any monument 12 or benchmarks that are set be verified by the City surveyors before further 13 associated work can move forward. 14 3.6 RE -INSTALLATION [NOT USED] 15 3.7 FIELD JoR] SITE QUALITY CONTROL 16 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 17 City in accordance with this Specification. This includes easements and right of way, if 18 noted on the plans. 19 B. Do not change or relocate stakes or control data without approval from the City. 20 3.8 SYSTEM STARTUP 21 A. Survey Checks 22 1. The City reserves the right to perform a Survey Check at any time deemed 23 necessary. 24 2. Checks by City personnel or 3'd party contracted surveyor are not intended to 25 relieve the contractor of his/her responsibility for accuracy. 26 27 3.9 ADJUSTING [NOT USED] 28 3.10 CLEANING [NOT USED] 29 3.11 CLOSEOUT ACTIVITIES [NOT USED] 30 3.12 PROTECTION [NOT USED] 31 3.13 MAINTENANCE [NOT USED] 32 3.14 ATTACHMENTS [NOT USED] 33 END OF SECTION 34 Revision Log CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 Keller Hasiet Road Culvert Project No. 101492 017123-8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson Added instruction and modified measurement & payment under 1.2; added 8/31/2017 M. Owen definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. Removed "blue text'; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2/14/2018 M Owen 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised February 14, 2018 FORT W.' ORTHo Section 0171 23.01- Attachment A Survey Staking Standards February 2017 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\017123.16.01_Attachment A_Survey Staking Standards.docx Page 1 of 22 These procedures are intended to provide a standard method for construction staking services associated with the City of Fort Worth projects. These are not to be considered all inclusive, but only as a general guideline. For projects on TXDOT right-of-way or through joint TXDOT participation, adherence to the TXDOT Survey Manual shall be followed and if a discrepancy arises, the TXDOT manual shall prevail. (http://onlinemanuals.txdot.ftov/txdotmanuals/ess/ess.pdfl If you have a unique circumstance, please consult with the project manager, inspector, or survey department at 817-392-7925. Table of Contents I. City of Fort Worth Contact Information II. Construction Colors III. Standard Staking Supplies IV. Survey Equipment, Control, and Datum Standards V. Water Staking VI. Sanitary Sewer Staking VII. Storm Staking Vill. Curb and Gutter Staking IX. Cut Sheets X. As -built Survey 0:\Jobs\14799 - Port Worth Keller Haslet Road Culvert\Design\Specifications\PN DG - Conformed Docs - Work In Progress\01 7123.16.01_Attachment A_Survey Staking Standards.docx Page 2 of 22 I. Survey Department Contact Information Physical and mailing address: 8851 Camp Bowie West Boulevard Suite 300 Fort Worth, Texas 76116 Office: (817) 392-7925 Survey Superintendent, direct line: (817) 392-8971 II. Construction Colors The following colors shall be used for staking or identifying features in the field. This includes flagging, paint of laths/stakes, paint of hubs, and any identification such as pin flags if necessary. Utility Color PROPOSED EXCAVATION ALL ELECTRIC AND CONDUITS Aiiii POTABLE WATER GAS OR OIL YELLOW TELEPHONE/FIBER OPTIC GRANGE SURVEY CONTROL POINTS, BENCHMARKS, PROPERTY CORNERS, RIGHT-OF-WAYS, AND ALL PAVING INCLUDING CURB, SIDEWALK, BUILDING CORNERS PINK SANITARY SEWER IRRIGATION AND RECLAIMED WATER III. Standard Staking Supplies Item Minimum size Lath/Stake 36" tall Wooden Hub (2"x2" min. square preferred) 6" tall Pin Flags (2.5" x 3.5" preferred) 21" long Guard Stakes Not required PK or Mag nails 1" long Iron Rods (1/2" or greater diameter) 18" long Survey Marking Paint Water -based Flagging 1" wide Marking Whiskers (feathers) 6" long Tacks (for marking hubs) 3/4" long 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\017123.16.01_Attachment A —Survey Staking Standards.docx Page 3 of 22 IV. Survey Equipment, Control, and Datum Standards A. City Benchmarks All city benchmarks can be found here: htta://fortworthtexas.goy/itsolutionsiGiS/ Look for'Zoning Maps'. Under 'Layers', expand'Basemap Layers', and check on `Benchmarks'. B. Conventional or Robotic Total Station Equipment I. A minimum of a 10 arc -second instrument is required. II. A copy of the latest calibration report may be requested by the City at any time. It is recommended that an instrument be calibrated by certified technician at least 1 occurrence every G months. C. Network/V.R.S. and static GPS Equipment I. It is critical that the surveyor verify the correct horizontal and vertical datum prior commencing work. A site calibration may be required and shall consist of at least 4 control points spaced evenly apart and in varying quadrants. Additional field checks of the horizontal and vertical accuracies shall be completed and the City may ask for a copy of the calibration report at any time. II. Network GPS such as the Western Data Systems or SmartNet systems may be used for staking of property/R.O.W, forced -main water lines, and rough -grade only. No GPS staking for concrete, sanitary sewer, storm drain, final grade, or anything that needs vertical grading with a tolerance of 0.25' or less is allowed. D. Control Points Set All control points set shall be accompanied by a lath with the appropriate Northing, Easting, and Elevation (if applicable) of the point set. Control points can be set rebar, 'X' in concrete, or any other appropriate item with a stable base and of a semi -permanent nature. A rebar cap is optional, but preferred if the cap is marked 'control point' or similar wording. Datasheets are required for all control points set. Datasheet should include: A. Horizontal and Vertical Datum used, Example: N.A.D.83, North Central Zone 4202, NAVD 88 Elevations B. Grid or ground distance. — If ground, provide scale factor used and base point coordinate, Example: C.S.F.=0.999125, Base point=North: 0, East=O C. Geoid model used, Example: GEOID12A 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\017123.16.01_Attachment A_Survey Staking Standards.docx Page 4 of 22 E. Preferred Grid Datum Although many plan sets can be in surface coordinates, the City's preferred grid datum is listed below. Careful consideration must be taken to verify what datum each project is in prior to beginning work. It is essential the surveyor be familiar with coordinate transformations and how a grid/surface/assumed coordinate system affect a project. Proiected Coordinate System: NAD_1983_StatePlane_Texas_North Central_FIPS_4202_Feet Projection: Lambert —Conformal —Conic Fa Ise_Easti ng: 1968500.00000000 False -Northing: 6561666,66666667 Central Meridian:-98.50000000 Standard Parallel 1: 32.13333333 Standard Parallel 2: 33.96666667 Latitude _Of Origin: 31.66666667 Linear Unit: Foot US Geographic Coordinate System: GCS_North_American_1983 Datum: D North American 1983 Prime Meridian: Greenwich Angular Unit: Degree Note: Regardless of what datum each particular project is in, deliverables to the City must be converted/translated into this preferred grid datum. 1 copy of the deliverable should be in the project datum (whatever it may be) and 1 copy should be in the NAD83, TX North Central 4202 zone. See Preferred Pile Naming Convention below F. Preferred Deliverable Format txt csv dwg .job G. Preferred Data Format P,N,E,Z,D,N Point Number, Northing, Easting, Elevation, Description, Notes (if applicable) H. Preferred Fife Naming Convention This is the preferred format: City Project Number_Description_Datum.csv Example fora proiect that has surface coordinates which must be translated: File 2: C1234 As -built of Water on Main Street Grid NAD83 TXSP 4202.csv 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\017123.16.01_Attachment A_Survey Staking Standards.docx Page 5 of 22 File 2: C1234_As-built of Water on Main Street —Project Specific Datum.csv Example Control Stakes 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Dorn -Work In Progress\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 6 of 22 I U Q M il 1016 11 EL.= 100.OD' W m � I � �{ En J to m 0 P I N=5000.00 W O [L Z 00 = L1 =w €O = _j <x U M Q E=5000.00 W=-- V. WaterScald ��andards 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\017123.16.01_Attachment A_Survey Staking Standards.docx Page 7 of 22 A. Centerline Staking — Straight Line Tangents I. Offset lath/stakes every 200' on even stations II. Painted blue lath/stake only, no hub is required III. Grade is to top of pipe (T/P) for 12" diameter pipes or smaller IV. Grade to flow line (F/L) for 16" and larger diameter pipes V. Grade should be 3.50' below the proposed top of curb line for 10" and smaller diameter pipes VI. Grade should be 4.00' below the proposed top of curb line for 12" and larger diameter pipes VII. Cut Sheets are required on all staking and a copy can be received from the survey superintendent Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking -Curves I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval II. Same grading guidelines as above III. Staking of radius points of greater than 100' may be omitted C. Water Meter Boxes I. 7.0' perpendicular offset is preferred to the center of the box II. Center of the meter should be 3.0' behind the proposed face of curb III. Meter should be staked a minimum of 4.5' away from the edge of a driveway IV. Grade is to top of box and should be +0.06' higher than the proposed top of curb unless shown otherwise on the plans D. Fire Hydrants I. Center of Hydrant should be 3.0' behind proposed face of curb II. Survey offset stake should be 7.0' from the center and perpendicular to the curb line or water main III. Grade of hydrants should be +0.30 higher than the adjacent top of curb E. Water Valves & Vaults I. Offsets should be perpendicular to the proposed water main II. RIM grades should only be provided if on plans Example Water Stakes 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\01 7123.16.01_Attachment A_Survey Staking Standards.docx Page 8 of 22 0 W FA 7' a/S t W/i_ C9 z 0 < / 7' a/S � WL W O M Cfl � 0 40 �A ff.0 V1. Sanitary Sauer Stakin k C-3.62 STA=1+72_87 .s � d �fl —3.81 w o. W Z 0 4 iaie a you. Cn w a h z JE4 W 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\01 71 23.16.01—Attachment A_Survey Staking Standards.docx Page 9 of 22 A. Centerline Staking — Straight Line Tangents I. Inverts shall be field verified and compared against the plans before staking II. Painted green lath/stake WITH hub and tack or marker dot, no flagging required Ill. 1 offset stake between manholes if manholes are 400' or less apart IV. Offset stakes should be located at even distances and perpendicular to the centerline V. Grades will be per plan and the date of the plans used should be noted VI. If multiple lines are at one manhole, each line shall have a cut/fill and direction noted VII. Stakes at every grade break Vill. Cut sheets are required on all staking Optional: Actual stakes shall consist of a GOD nail or hub set with a whisker B. Centerline Staking —Curves I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval It. Staking of radius points of greater than 100' may be omitted C. Sanitary Sewer Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor It. Flowline grade should be on the lath/stake for each flowline and direction noted Ill. RIM grade should only be on the stake when provided in the plans 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 10 of 22 0 F-- 0 Example Sanitary Sewer Stapes /s z ss 1I31 9TA=3+71QI1sw o-ate I� f,_ 0-4u11 j C-o- I ir �iji 11 M il. 7- z Of W {,7 U W W O) 1-r Az rOL Az rOL srnso-rn��� c-sue � � Enc...s�-I � c_a� � �OC �Y : an t7 N ~ :\Jobs\14799 -Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG -Conformed Docs -Work In Progress\017123.16.01-Attachment A -Survey Staking Standards.docx Page 11 of 22 VII. Storm Sewer & Inlet Staking A. Centerline Staking — Straight Line Tangents I. 1 offset stake every 200' on even stations II. Grades are to flowline of pipe unless otherwise shown on plans III. Stakes at every grade break IV. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking —Curves 1. if arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval 11. Staking of radius points of greater than 100' may be omitted C. Storm Drain Inlets I. Staking distances should be measured from end of wing II. Standard 10' Inlet = 16.00'total length III. Recessed 10' Inlet = 20.00' total length IV. Standard double 10' inlet = 26.67' total length V. Recessed double 10' inlet = 30.67' total length D. Storm grain Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor II. Flowline grade should be on the lath/stake for each flowline and direction noted III. RIM grade should only be on the stake when provided in the plans 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 12 of 22 G ti BACK (90E FlaND A.O.W.) Pon I i{LM BiY�4TlSM � Example Storm Inlet Stapes FRONT (SIDE FACING (L-) I,' I I1 u C'' 3'10:. r fi uiuT vrAncH OF LLca 0 CN PLASS) I TO 7W OF "D 0 �I lalar"s CRAAE ' TO "'ilm 0 I BACK OCE FiMI10 R.QW-) I NL19'0F1A►�1017 b P FRONT (SIDE FACING q) qi -01 0. Elm Or T4Z %im �f r/c a A FL I C15TANCES FOR R I! FTS _T `r STANDARD 10` — 10� RECESSED 1Q" 0 20f STANDARD DOU19LE 10' — 25.53' FLED +R M TA4Ck — — — -- — RECESSED DOURLE 11Y_-30_57 I I I RACK OF INLET I k�ANHOII= c — — BACK OF UJRB — — - FLOHLINE — — EDGE AF PAVE}AENT— ck: - FACE OF INLET . EDGE OF PAVEMENT BACK OF CURB FACE OF INLET J FWYAJNE EpGE G"F pA1+EIrlENT— — 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\017123.16.01_Attachment A_Survey Staking Standards.docx Page 13 of 22 VIII. Curb and Gutter Staking A. Centerline Staking —Straight Line Tangents V. 1 offset stake every 50' on even stations VI. Grades are to top of curb unless otherwise shown on plans VII. Stakes at every grade break Vlll. Cut sheets are required on all staking Optional: Actual stakes shall consist of a SDD nail or hub set with a whisker B. Centerline Staking— Curves III. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval IV. Staking of radius points of greater than 100' may be omitted 0:\Jobs\14799 - Fort Worth !Geller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Dots - Work In Progress\01 7123.16.01_Attachment A_Survey Staking Standards.docx Page 14 of 22 Example Curb & Gutter Stakes FRONT (SIDE FACING Q 0 a FRONT ate. (SIDE FACING q-) P%rr OF CLMYATM FRONT s.o, (ME FA10,340 It)-PW � FRONT a 17 (SIDE FACING q) y i I 4� s P, - a BACK (SIDE FACIrdCs R.O.Iy.) Fow w an IR r aa¢ POINT ¢ 9/C III I m - III I u 1D"rorgum IS Iil I��se m l FIr,B ElEVAIIWi o * —��-- � � rlti� II I i 1 / TOP OF CURB { BACK OF CURB _ FACE OF CURB I �' S FI_(3XI NE EDGE OF PAVEMENT Example Curb & Gutter Makes at Intersection 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\017123.16.01 Attachment A —Survey Staking Standards.docx Page 15 of 22 fill f x ��A 4((J�/ � i0' 0/51 m � STAg2+60 Y � rt0ft W I— LL !k -. a ITS C � j m r z 2 O Iti����� �I 301IJZM 'mst ,os I g stir 4w Move I•-F--� edro .4o nave o I ,tea •�-:+ .ns I o I�i iis m � b�i 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Dots - Work In Progress\01 7123.16.01_Attachment A_Survey Staking Standards.docx Page 16 of 22 IBC. Cut Sheets A. Date of field work B. Staking Method (GPS, total station) C. Project Name D. City Project Number (Example: C01234) E. Location (Address, cross streets, GPS coordinate) F. Survey company name G. Crew chief name H. A blank template can be obtained from the survey superintendent (see item I above) Date: Stalking Method: 0 GPS LOCATION: CONSULTANTICONTRACTOR SURVEY CREW INITIALS Standard City Cut Sheet 0 TOTAL STATION City Project Number: Project Name: 0 OTHER ALL GRADES ARE TO FLOWLINE OR TOP OF CURIA UNLESS OTHERWISE NOTED. PT # STATION OFFSET DESCRIPTION PROP. STAKED -CUT + FILL -LT/+RT GRADE ELEV. 0:\Jobs\14799 - Fort Worth Keller haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\017123.16.01_Attachment A_Survey Staking Standards.docx Page 17 of 22 X. As -built Survey+ A. Definition and Purpose The purpose of an as -built survey is to verify the asset was installed in the proper location and grade. Furthermore, the information gathered will be used to supplement the City's GIS data and must be in the proper format when submitted. See section II/ As -built survey should include the following (additional items may be requested): Manholes Top of pipe elevations every 250 feet Horizontal and vertical points of inflection, curvature, etc. (All Fittings) Cathodic protection test stations Sampling stations Meter boxes/vaults (All sizes) Fire lines Fire hydrants Gate valves (rim and top of nut) Plugs, stub -outs, dead-end lines Air Release valves (Manhole rim and vent pipe) Blow off valves (Manhole rim and valve lid) Pressure plane valves Cleaning wyes Clean outs Casing pipe (each end) Inverts of pipes Turbo Meters 0:\Jobs\14799 - Fort Worth Keller Haslet Road Cuivert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\017123.16.01_Attachment A —Survey Staking Standards.docx Page 18 of 22 B. Example Deliverable A hand written red line by the field surveyor is acceptable in most cases. This should be a copy of the plans with the point number noted by each asset. If the asset is missing, then the surveyor should write " ...7 FOI IND" to notify the City. 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\017123.16.01_Attachment A_Survey Staking Standards.docx Page 19 of 22 � 5t52-x '�ur'+pyry a ir.v _ wi �.iaroud un � xsy i �arnp� a a e� I 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PN DG - Conformed Docs - Work In Progress\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 20 of 22 0:\Jabs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 21 of 22 Progress\01 71 23.16.01—Attachment A_Survey Staking Standards.docx Page 22 of 23 rk In Obviously the .csv or .txt file cannot be signed/sealed by a surveyor in the format requested. This is just an example and all this information should be noted when delivered to the City so it is clear to what coordinate system the data is in. POINT NO. NORTHING EASTING ELEV. DESCRIPTION 1 6946257.189 2296079.165 726.09 SSMH RIM hi 1 Lc, 1 2 6946260.893 2296062.141 725.668 GV RIM 3 6946307.399 2296038,306 726.85 GV RIM 4 6946220.582 2296011.025 723.358 SSMH RIM 5 6946195.23 2296015,116 722.123 GV RIM f �` 6 6946190,528 2296022.721 722.325 FH A t7 O ` S 7 6946136.012 2295992.115 719,448 WM RIM 8 6946002.267 2295919.133 713.331 WM RIM 9 6946003.056 2295933,418 713,652 CO RIM , 4 10 6945984.677 2295880:52 711.662 SSMH RIM 11 6945986.473 2295869.892 710.046 WM RIM 12 6945895,077 2295860.962 707.72 WM RIM 13 6945996.591 2295862.188 708.205 WM RIM 14 6945934.286 2295841.925 709.467 WM RIM 15 6945936.727 2295830.441 710.084 CO RIM 16 6945835.678 2295799.707 707.774 SSMH RIM 17 6945817.488 2295827.011 708.392 SSMH RIM 18 6945759.776 2295758.643 711.218 SSMH RIM 19 6945768.563 2295778.424 720.086 GV RIM 20 6945743.318 2295788.392 710.631 GV RIM 21 6945723.219 2295754,394 712.849 GV RIM 22 6945682.21 2295744,22 716.696 WM RIM J _� 23 6945611.902 2295669.471 723.76 WM RIM 7.4 6945643:407 2295736.03 719.737 CO RIM �* 1 C 1(9(�* I f 25 6945571,059 2295555.195 727,514 SSMH RIM - 26 6945539.498 2295667.803 729,123 WM RIM -T- 27 6945519,834 2295619.49 732,689 WM RIM 28 6945417.879 2295580.27 740.521 WM RIM 29 6945456.557 2295643.145 736.451 CO RIM 1 t r a 30 6945387.356 2295597.101 740.756GVRIM tail 31 6945370.688 2295606.793 740,976GVRIM 32 6945383.53 2295610.559 740.408 FH 33 6945321.228 2295551.105 746.34 WM RIM 34 6945319.365 2295539.728 746.777 CO RIM 35 6945242.289 2295570.715 748.454 WM RIM 36 6945233.624 2295544.626 749.59 SSMH RIM 37 6945206.483 2295529.305 751.058 WM RIM ' 38 6945142.015 2295557.666 750.853 WM RIM rV} y 39 40 6945113.445 6945049.02 2295520.335 2295527.345 751.871 WM RIM 752.257 SSMH RIM 41 6945041.024 2295552.675 751.79 WM RIM ` 42 6945038.878 2295552.147 751.88 WM RIM.�+EY� 43 694S006.397 2295518.135 752.625 WM RIM 44 6944944.782 2295520.635 752,801 WM RIM 45 6944943.432 2295556.479 752.156 WM RIM 46 6944860.416 2295534.397 752.986 SSMH RIM 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Specifications\PNDG - Conformed Docs - Work In Progress\017123.16.01_Attachment A_Survey Staking Standards.docx Page 24 of 25 C. other preferred as -built deliverable Some vendors have indicated that it is easier to deliver this information in a different format. Below is an example spreadsheet that is also acceptable and can be obtained by request from the survey superintendent. 0:\Jobs\14799 - Fort Worth Keller Haslet Road Culvert\Design\Speciflcations\PNDG - Conformed Docs - Work In Progress\017123.16.01_Attachment A Survey Staking Standards.docx Page 25 of 26 § ( | e ! . ] 7 ! � � ! 2 ! a | § . � � - . I k !§ - - ■ : 2 ol E ƒ k E } o&o Al 7 9-Fort wort Keller Haslet R k CI rtD s A5 e Aa o #PNDG - Conformed Docs-Work m Pmge6o1712.16Q-AttammtAkrvp Staking kmAgs�x Page a2 01 74 23 - 1 CLEANING Page I of 4 1 SECTION 0174 23 2 CLEANING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 -- Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division i — General Requirements 13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 01 74 23 - 2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART2- PRODUCTS 4 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. Gencral 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised duly 1, 2011 OI7423-3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 23 foreign materials from sight -exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts, blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior (Site or Right of Way) Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re -seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 201 l 01 74 23 - 4 CLEANING Page 4 of 4 1 4. if no longer required for maintenance of erosion facilities, and upon approval by 2 City, remove erosion control from site. 3 5. Clean signs, lights, signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 .11 10 END OF SECTION Revision Log DATE NAME I SUMMARY OF CHANGE CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 017719 CLOSEOUT REQUIREMENTS 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. 101492 017719-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS jNOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 0178 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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 c. Fuses f. Vault keys g. Handwheels It. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 1. Once the City Project Representative finds the Work subsequent to Final inspection 2 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 e. Pipe Report (if required) 11 f. Contractor's Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE -INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 29 IRevision Log I DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. I0t492 I 017823-1 OPERATION AND MAINTENANCE DATA Page 1 of 5 1 SECTION 0178 23 2 OPERATION AND MAINTENANCE DATA 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include, but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) 11 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division I — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 01 33 00 . All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 '/2 inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Keller Haslet Road Culvert Project No. 101492 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 01 78 23 - 2 OPERATION AND MAINTENANCE DATA Page 2 of 5 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: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Keller Haslet Road Culvert Project No. 101492 01 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 5. Copy of each warranty, bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut -down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions 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 g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coiled piping diagrams CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 01 79 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 o£5 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised December 20, 2012 OI7823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 ' 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 7 8 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/3I/2012 D. Johnson 1.5.A.I — title of section removed CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Keller Haslet Road Culvert Project No. 101492 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0178 39 PROJECT RECORD DOCUMENTS O17839-1 PROJECT RECORD DOCUMENTS Page i of 4 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None, 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Keller Haslet Road Culvert Project No. I01492 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without Iengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER -FURNISHED [ox] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL f NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes, use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor, subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings, by dimension accurate to within 1 31 inch, the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents, coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual location of items. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 017839-4 PROJECT RECORD DOCUMENTS Page 4 of 4 c. Call attention to each entry by drawing a "cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2, Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Keller Haslet Road Culvert Project No. 101492 3123 16-1 UNCLASSIFIED EXCAVATION Page 1 of 5 1 SECTION 3123 16 2 UNCLASSIFIED EXCAVATION 3 4 PART1- GENERAL - !WMIvi01►i-El 411 6 A. Section Includes: 7 1. Excavate areas as shown on the Drawings or as directed. Removal of materials 8 encountered to the lines, grades, and typical sections shown on the Drawings and 9 removal from site. Excavations may include construction of 10 a. Roadways 11 b. Drainage Channels 12 c. Site Excavation 13 d. Excavation for Structures 14 e. Or any other operation involving the excavation of on -site materials 15 B. Deviations from this City of Fort Worth Standard Specification 16 1. None. 17 C. Related Specification Sections include, but are not necessarily limited to: 18 1. Division 0 -- Bidding Requirements, Contract Forms and Conditions of the Contract 19 2. Division 1 — General Requirements 20 3. °-ction 3123 23 — Borrow 21 4. Section 3124 00 — Embankments 22 1.2 PRICE AND PAYMENT PROCEDURES 23 A. Measurement and Payment 24 1. Excavation by Plan Quantity 25 a. Measurement 26 1) Measurement for this Item shall be by the cubic yard in its final position 27 using the average end area method. Limits of measurement are shown on 28 the Drawings. 29 2) When measured by the cubic yard in its final position, this is a plans 30 quantity measurement Item. The quantity to be paid is the quantity shown 31 in the proposal, unless modified by Article 11.04 of the General 32 Conditions. Additional measurements or calculations will be made if 33 adjustments of quantities are required. 34 b. Payment 35 1) The work performed and materials furnished in accordance with this Item 36 and measured as provided under "Measurement" will be paid for at the unit 37 price bid per cubic yard of "Unclassified Excavation by Plan". No 38 additional compensation will be allowed for rock or shrinkage/swell 39 factors, as these are the Contractor's responsibility. 40 c. The price bid shall include: 41 1) Excavation 42 2) Excavation Safety CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 312316-2 UNCLASSIFIED EXCAVATION Page 2 of 5 1 3) Drying 2 4) Dust Control 3 5) Reworking or replacing the over excavated material in rock cuts 4 6) Hauling 5 7) Disposal of excess material not used elsewhere onsite 6 8) Scarification 7 9) Clean-up 8 2. Excavation by Surveyed Quantity 9 a. Measurement 10 1) Measurement for this Item shall be by the cubic yard in its final position 11 calculated using the average end area or composite method. 12 a) The City will perform a reference survey once the Site has been cleared 13 to obtain existing ground conditions. 14 b) The City will perform a final post -construction survey. 15 c) The Contractor will be paid for the cubic yardage of Excavated material 16 calculated as the difference between the two surveys. 17 d) Partial payments will be based on estimated plan quantity 18 measurements calculated by the Engineer. 19 b. Payment 20 1) The work performed and materials furnished in accordance with this Item 21 and measured as provided under "Measurement" will be paid for at the unit 22 price bid per cubic yard of "Unclassified Excavation by Survey". 23 c. The price bid shall include: 24 1) Excavation 25 2) Excavation Safety 26 3) Drying 27 4) Dust Control 28 5) Reworking or replacing the over excavated material in rock cuts 29 6) Hauling 30 7) Disposal of excess material not used elsewhere onsite 31 8) Scarification 32 9) Clean-up 33 1.3 REFERENCES [NOT USED] 34 A. Definitions 35 1. Unclassified Excavation — Without regard to materials, all excavations shall be 36 considered unclassified and shall include all materials excavated. Any reference to 37 Rock or other materials on the Drawings or in the specifications is solely for the 38 City and the Contractor's information and is not to be taken as a classification of 39 the excavation. 40 1.4 ADMINSTRATIVE REQUIREMENTS 41 A. The Contractor will provide the City with a Disposal Letter in accordance to Division 42 01. CITY OF FORT WORTH Keller Haslet Load Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 312316-3 UNCLASSIFIED EXCAVATION Page 3 of 5 1 1.5 SUBMITTALS ]NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE 6 A. Excavation Safety 7 1. The Contractor shall be solely responsible for making all excavations in a safe 8 manner. 9 2. All excavation and related sheeting and bracing shall comply with the requirements 10 of OSHA excavation safety standards 29 CFR part 1926 and state requirements. 11 1.10 DELIVERY, STORAGE, AND HANDLING 12 A. Storage 13 1. Within Existing Rights -of -Way (ROW) 14 a. Soil may be stored within existing ROW, easements or temporary construction 15 easements, unless specifically disallowed in the Contract Documents. 16 b. Do not block drainage ways, inlets or driveways. 17 c. Provide erosion control in accordance with Section 3125 00. 18 d. When the Work is performed in active traffic areas, store materials only in 19 areas barricaded as provided in the traffic control plans. 20 e. In non -paved areas, do not store material on the root zone of any trees or in 21 landscaped areas. 22 2. Designated Storage Areas 23 a. If the Contract Documents do not allow the storage of spoils within the ROW, 24 easement or temporary construction easement, then secure and maintain an 25 adequate storage location. 26 b. Provide an affidavit that rights have been secured to store the materials on 27 private property. 28 c. Provide erosion control in accordance with Section 3125 00. 29 d. Do not block drainage ways. 30 1.11 FIELD CONDITIONS 31 A. Existing Conditions 32 1. Any data which has been or may be provided on subsurface conditions is not 33 intended as a representation or warranty of accuracy or continuity between soils. It 34 is expressly understood that neither the City nor the Engineer will be responsible 35 for interpretations or conclusions drawn there from by the Contractor. 36 2. Data is made available for the convenience of the Contractor. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 312316-4 UNCLASSIFIED EXCAVATION Page 4 of 5 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS f NOT USED] 3 2.1 OWNER -FURNISHED [NOT USED] 4 2.2 PRODUCT TYPES AND MATERIALS 5 A. Materials 6 1. Unacceptable Fill Material 7 a. In -situ soils classified as ML, MR, PT, OL or OR in accordance with ASTM 8 D2487 9 PART 3 - EXECUTION 10 3.1 INSTALLERS [NOT USED] 11 3.2 EXAMINATION [NOT USED] 12 3.3 PREPARATION [NOT USED] 13 3.4 CONSTRUCTION 14 A. Accept ownership of unsuitable or excess material and dispose of material off -site 15 accordance with local, state, and federal regulations at locations. 16 B. Excavations shall be performed in the dry, and kept free from water, snow and ice 17 during construction with eh exception of water that is applied for dust control. 18 C. Separate Unacceptable Fill Material from other materials, remove from the Site and 19 properly dispose according to disposal plan. 20 D. Maintain drainage in the excavated area to avoid damage to the roadway sections and 21 proposed or existing structures. 22 E. Correct any damage to the subgrade caused by weather, at no additional cost to the 23 City. 24 F. Shape slopes to avoid loosening material below or outside the proposed grades. 25 Remove and dispose of slides as directed. 26 G. Rock Cuts 27 1. Excavate to finish grades. 28 2. In the event of over excavation due to contractor error below the lines and grades 29 established in the Drawings, use approved embankment material compacted in 30 accordance with Section 3124 00 to replace the over excavated at no additional 31 cost to City. 32 H. Earth Cuts 33 1. Excavate to finish subgrade CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 3123 16 - 5 UNCLASSIFIED EXCAVATION Page 5 of 5 1 2. In the event of over excavation due to contractor error below the lines and grades 2 established in the Drawings, use approved embankment material compacted in 3 accordance with Section 3124 00 to replace the over excavated at no additional 4 cost to City. 5 3. Manipulate and compact subgrade in accordance with Section 3124 00. 6 3.5 REPAIR [NOT USED] 7 3.6 RE -INSTALLATION [NOT USED] 8 3.7 FIELD QUALITY CONTROL 9 A. Subgradc Tolerances 10 1. Excavate to within 0.1 foot in all directions. 11 2. In areas of over excavation, Contractor provides fill material approved by the City 12 at no expense to the City. 13 3.8 SYSTEM STARTUP [NOT USED] 14 3.9 ADJUSTING [NOT USED] 15 3.10 CLEANING [NOT USED] 16 3.11 CLOSEOUT ACTIVITIES [NOT USED] 17 3.12 PROTECTION [NOT USED] 18 3.13 MAINTENANCE [NOT USED] 19 3.14 ATTACHMENTS [NOT USED] 20 21 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.2 - Measurement and Payment Section modified; Blue Text added for clarification 1/28/13 D. Johnson 1.2 — Modified Bid Item names in payment section to differentiate between Payment Methods on bid list. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 0 a 312323-1 13ORROW Page I of 6 1 SECTION 3123 23 2 BORROW 3 4 PART1- GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. Furnish, place and compact Borrow material for grading. 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 -- Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 General Requirements 13 3. Section 3123 16 — Unclassified Excavation 14 4. Section 3124 00 — Embankments 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Borrow by Plan Quantity 18 a. Measurement 19 1) Measurement for this Item shall be by the cubic yard in its final position 20 using the average end area method. Limits of measurement are shown on 21 the Drawings. 22 2) When measured by the cubic yard in its final position, this is a plans 23 quantity measurement Item. The quantity to be paid is the quantity shown 24 in the proposal, unless modified by Article 11.04 of the General 25 Conditions. Additional measurements or calculations will be made if 26 adjustments of quantities are required. 27 b. Payment 28 1) The work performed and materials furnished in accordance with this Item 29 and measured as provided under "Measurement" will be paid for at the unit 30 price bid per cubic yard of "Borrow by Plan" for the various borrow 31 materials. No additional compensation will be allowed for rock or 32 shrinkage/swell factors, as these are the Contractor's responsibility. 33 c. The price bid shall include: 34 1) Transporting or hauling material 35 2) Furnishing, placing, compacting and finishing Borrow 36 3) Construction Water 37 4) Dust Control 38 5) Clean-up 39 6) Proof Rolling 40 7) Disposal of excess or waste material 41 8) Reworking or replacement of undercut material CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised .January 28, 2013 Keller Haslet Road Culvert Project No. 101492 312323-2 BORROW Page 2 of 6 1 2. Borrow by Surveyed Quantity 2 a. Measurement 3 1) Measurement for this Item shall be by the cubic yard in its final position 4 calculated using the average end area or composite method. 5 a) The City will perform a reference survey once the Site has been cleared 6 to obtain existing ground conditions. 7 b) The City will perform a final post -construction survey. 8 c) The Contractor will be paid for the cubic yardage of Borrow material 9 calculated as the difference between the two surveys. 10 11 d) Partial payments will be based on estimated plan quantity 12 measurements calculated by the Engineer. 13 b. Payment 14 1) The work performed and materials furnished in accordance with this Item 15 and measured as provided under "Measurement' will be paid for at the unit 16 price bid per cubic yard of `Borrow by Survey" for: 17 a) Various Borrow materials 18 c. The price bid shall include: 19 1) Transporting or hauling material 20 2) Furnishing, placing, compacting and finishing Borrow 21 3) Construction Water 22 4) Clean-up 23 5) Dust Control 24 6) Proof Rolling 25 7) Disposal of excess or waste material 26 8) Reworking or replacement of undercut material 27 3. Borrow by Delivered Quantity 28 a. Measurement 29 I) Measurement for this Item shall be by the cubic yard of loose Borrow 30 material as delivered to the Site and recorded by truck ticket provided to the 31 City. 32 b. Payment 33 1) The work performed and materials furnished in accordance with this Item 34 and measured as provided under "Measurement" will be paid for at the unit 35 price bid per cubic yard of "Borrow by Delivery" delivered to the Site and 36 recorded by truck ticket for: 37 a) Various Borrow materials 38 c. The price bid shall include: 39 1) Transporting or hauling material 40 2) Furnishing, placing, compacting and finishing Borrow 41 3) Construction Water 42 4) Clean-up 43 5) Dust Control 44 6) Proof Rolling 45 7) Disposal of excess or waste material 46 8) Reworking or replacement of undercut material 47 1.3 REFERENCES 48 A. Reference Standards CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 312323-3 BORROW Page 3 of 6 1 1. Reference standards cited in this Specification refer to the current reference 2 standard published at the time of the latest revision date logged at the end of this 3 Specification, unless a date is specifically cited. 4 2. ASTM Standards 5 a. ASTM D2487, Standard Practice for Classification of Soils for Engineering 6 Purposes (Unified Soil Classification System) 7 b. ASTM D4318-10, Standard Test Methods for Liquid Limit, Plastic Limit, and 8 Plasticity Index of Soils 9 c. ASTM D6913, Standard Test Methods for Particle -Size Distribution 10 (Gradation) of Soils Using Sieve Analysis 11 d. ASTM D698, Standard Test Methods for Laboratory Compaction 12 Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3) 13 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 14 1.5 SUBMITTALS 15 A. Submittals shall be in accordance with Section 0133 00. 16 B. All submittals shall be approved by the City prior to construction. 17 C. Submit laboratory tests reports for each soil borrow source used to supply general I8 borrow and select fill materials. 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 20 A. Shop Drawings 21 1. Stockpiled Borrow material 22 a. Provide a description of the storage of the delivered Borrow material only if the 23 Contract Documents do not allow storage of materials in the right-of-way of the 24 casement. 25 1.7 CLOSEOUT SUBMITTALS [NOT USED] 26 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 27 1.9 QUALITY ASSURANCE 28 A. Borrow material shall be tested prior to delivery to the Site. 29 1. Provide Proctor Test results, Gradation and Atterberg Limits for Borrow material 30 from each source. 31 a. All testing listed above shall be performed in terms of ASTM D698, ASTM 32 D6913 and ASTM D4318-10 respectively. 33 1.10 DELIVERY, STORAGE, AND HANDLING 34 A. Delivery 35 1. Coordinate all deliveries and haul -off. 36 B. Storage 37 1. Within Existing Rights -of -Way (ROW) 38 a. Borrow materials may be stored within existing ROW, easements or temporary 39 construction easements, unless specifically disallowed in the Contract 40 Documents. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 10I492 Revised January 28, 2013 31 23 23 - 4 BORROW Page 4 of 6 1 b. Do not block drainage ways, inlets or driveways. 2 c. Provide erosion control in accordance with Section 3125 00. 3 d. Store materials only in areas barricaded as provided in the traffic control plans. 4 e. In non -paved areas, do not store material on the root zone of any trees or in 5 landscaped areas. 6 2. Designated Storage Areas 7 a. If the Contract Documents do not allow the storage of Borrow materials within 8 the ROW, easement or temporary construction easement, then secure and 9 maintain an adequate storage location. 10 b. Provide an affidavit that rights have been secured to store the materials on 11 private property. 12 c. Provide erosion control in accordance with Section 3125 00. 13 d. Do not block drainage ways. 14 e. Only materials used for 1 working day will be allowed to be stored in the work 15 zone. 16 1.11 FIELD CONDITIONS [NOT USED] 17 1.12 WARRANTY [NOT USED] 18 PART 2 - PRODUCTS 19 2.1 OWNER -FURNISHED [NOT USED] 20 2.2 PRODUCT TYPES AND MATERIALS 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 A. Borrow 1. Additional soil beneath pavements, roadways, foundations and other structures required to achieve the elevations shown on the Drawings. 2. Acceptable Fill Material a. In -situ or imported soils classified as CL, CH, SC or GC in accordance with ASTM D2487 b. Free from deleterious materials, boulders over 6 inches in size and organics c. Can be placed free from voids d. Must have 20 percent passing the number 200 sieve 3. Blended Fill Material a. In -situ soils classified as SP, SM, GP or GM in accordance with ASTM D2487 b. Blended with in -situ or imported Acceptable Fill material to meet the requirements of an Acceptable Fill Material c. Free from deleterious materials, boulders over 6 inches in size and organics d. Must have 20 percent passing the number 200 sieve 4. Select Fill a. Classified as SC or CL in accordance with ASTM D2487 b. Liquid limit less than 35 c. Plasticity index between 8 and 20 5. Cement Stabilized Sand (CSS) a. Sand or silty sand b. Free of clay or plastic material c. Minimum of 4 percent cement content of Type I/II portland cement CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 312323-5 BORROW Page 5 of 6 1 d. 100 to 150 psi compressive strength at 2 days in accordance with ASTM 2 D1633, Method A 3 c. 200 to 250 psi compressive strength at 23 days in accordance with ASTM 4 D 1633, Method A 5 f. Mix in a stationary pug mill, weigh -batch or continuous mixing plant 6 2.3 ASSEMBLY OR FABRICATION TOLERANCES [NOT USED] 7 2.4 ACCESSORIES [NOT USED] 8 2.5 SOURCE QUALITY CONTROL ]NOT USED] 9 PART 3 - EXECUTION 10 3.1 INSTALLERS [NOT USED] 11 3.2 EXAMINATION [NOT USED] 12 3.3 PREPARATION [NOT USED] 13 3.4 INSTALLATION 14 A. All Borrow placement shall be performed in accordance to Section 3124 00. 15 3.5 REPAIR [NOT USED] 16 3.6 RE -INSTALLATION [NOT USED] 17 3.7 FIELD QUALITY CONTROL 18 A. Field quality control will be performed in accordance to Section 3124 00. 19 3.8 SYSTEM STARTUP [NOT USED] 20 3.9 ADJUSTING INOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.2 - Measurement and Payment Section modified; Blue Text added for clarification 1/28/13 D. Johnson 1.2 — Modified Bid Item names in payment section to differentiate between Payment Methods on bid list. I - - i I CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 3I2323-6 BORROW Page 6 of 6 CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101442 Revised January 28, 2013 312400-1 EMBANKMENTS Page 1 of 9 1 SECTION 3124 00 2 EMBANKMENTS 3 PART 1 - GENERAL 4 11 SUMMARY 5 A. Section Includes: 6 1. Transporting and placement of Acceptable Fill Material within the boundaries of 7 the Site for construction of: 8 a. Roadways 9 b. Embankments 10 c. Drainage Channels 11 d. Site Grading 12 e. Any other operation involving the placement of on -site materials 13 B. Deviations from this City of Fort Worth Standard Specification 14 1. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division I — General Requirements 18 3. Section 31 2316 —Unclassified Excavation 19 4. Section 3123 23 —Borrow 20 1.2 PRICE AND PAYMENT PROCEDURES 21 A. Measurement and Payment 22 1. Embankments by Plan Quantity 23 a. Measurement 24 1) Measurement for this Item shall be by the cubic yard in its final position 25 using the average end area method. Limits of measurement are shown on 26 the Drawings. 27 2) When measured by the cubic yard in its final position, this is a plans 28 quantity measurement Item. The quantity to be paid is the quantity shown 29 in the proposal, unless modified by Article 11.04 of the General 30 Conditions. Additional measurements or calculations will be made if 31 adjustments of quantities are required. 32 b. Payment 33 1) The work performed and materials furnished in accordance with this Item 34 and measured as provided under "Measurement" will be paid for at the unit 35 price bid per cubic yard of "Embankment by Plan". No additional 36 compensation will be allowed for rock or shrinkage/swell factors, as these 37 are the Contractor's responsibility. 38 c. The price bid shall include: 39 1) Transporting or hauling material 40 2) Placing, compacting, and finishing Embankment 41 3) Construction Water 42 4) Dust Control CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 312400-2 EMBANKMENTS Page 2 of 9 1 5) Clean-up 2 6) Proof Rolling 3 7) Disposal of excess materials 4 8) Reworking or replacement of undercut material 5 2. Embankments by Surveyed Quantity 6 a. Measurement 7 1) Measurement for this Item shall be by the cubic yard in its final position 8 calculated using the average end area or composite method. 9 a) The City will perform a reference survey once the Site has been cleared 10 to obtain existing ground conditions. 11 b) The City will perform a final post -construction survey. 12 c) The Contractor will be paid for the cubic yardage of Embankment 13 calculated as the difference between the two surveys. 14 d) Partial payments will be based on estimated plan quantity 15 measurements calculated by the Engineer. 16 b. Payment 17 1) The work performed and materials furnished in accordance with this Item 18 and measured as provided under "Measurement" will be paid for at the unit 19 price bid per cubic yard of "Embankment by Survey". 20 c. The price bid shall include: 21 1) Transporting or hauling material 22 2) Placing, compacting, and finishing Embankment 23 3) Construction Water 24 4) Dust Control 25 5) Clean-up 26 6) Proof Rolling 27 7) Disposal of excess materials 28 8) Reworking or replacement of undercut material 29 1.3 REFERENCES 30 A. Reference Standards 31 1. Reference standards cited in this specification refer to the current reference standard 32 published at the time of the latest revision date logged at the end of this 33 specification, unless a date is specifically cited. 34 2. ASTM Standards 35 a. ASTM D4318-10, Test Procedure for Determining Liquid Limit, Plastic Limit, 36 and Plasticity Index of Soils 37 b. ASTM D4943-08, Standard Test Method for Shrinkage Factors of Soils by the 38 Wax Method 39 c. ASTM D698-07e1, Standard Test Methods for Laboratory Compaction 40 Characteristics of Soil Using Standard Effort 41 d. ASTM D1557-09, Standard Test Methods for Laboratory Compaction 42 Characteristics of Soil Using Modified Effort 43 e. ASTM D7382-08, Standard Test for Determination of Maximum Dry Unit 44 Weight and Water Content Range for Effective Compaction of Granular Soils 45 Using a Vibrating Hammer 46 £ ASTM D1556-07, Standard Test for Density and Unit Weight of Soil In -Place 47 by the Sand Cone Method CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 312400-3 EMBANKMENTS Page 3 of 9 1 1.4 ADMINSTRATIVE REQUIREMENTS 2 A. Sequencing 3 1. Sequence work such that calls of proctors are complete in accordance with ASTM 4 D698 prior to commencement of construction activities. 5 1.5 SUBMITTALS 6 A. Submittals shall be in accordance with Section 01 33 00. 7 B. All submittals shall be approved by the City prior to construction 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 9 A. Shop Drawings 10 1. Stockpiled material 11 a. Provide a description of the storage of the excavated material only if the 12 Contract Documents do not allow storage of materials in the right-of-way or the 13 easement 14 1.7 CLOSEOUT SUBMITTALS INOT USED] 15 1.8 MAINTENANCE MATERIAL SUBMITTALS INOT USED] 16 1.9 QUALITY ASSURANCE [NOT USED] 17 1.10 DELIVERY, STORAGE, AND HANDLING 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 A. Storage 1. Within Existing Rights -of -Way (ROW) a. Soil may be stored within existing ROW, easements or temporary construction easements, unless specifically disallowed in the Contract Documents. b. Do not block drainage ways, inlets or driveways. c. Provide erosion control in accordance with Section 3125 00. d. When the Work is performed in active traffic areas, store materials only in areas barricaded as provided in the traffic control plans. e. In non -paved areas, do not store material on the root zone of any trees or in landscaped areas. 2. Designated Storage Areas a. If the Contract Documents do not allow the storage within the ROW, easement or temporary construction easement, then secure and maintain an adequate storage location. b. Provide an affidavit that rights have been secured to store the materials on private property. c. Provide erosion control in accordance with Section 3125 00. d. Do not block drainage ways. 36 1.11 FIELD CONDITIONS 37 A. Existing Conditions 38 1. Any data which has been or may be provided on subsurface conditions is not 39 intended as a representation or warranty of accuracy or continuity between soils. It 40 is expressly understood that neither the City nor the Engineer will be responsible 41 for interpretations or conclusions drawn there from by the Contractor. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 312400.4 EMBANKMENTS Page 4 of 9 1 2. Data is made available for the convenience of the Contractor. 2 1.12 WARRANTY ]NOT USED] 3 PART2- PRODUCTS 4 2.1 OWNER -FURNISHED [NOT USED] 5 2.2 PRODUCT TYPES AND MATERIALS 6 A. Materials 7 1. Acceptable Fill Material 8 a. In -situ or imported soils classified as CL, CH, SC or GC in accordance with 9 ASTM D2487 10 b. Free from deleterious materials, boulders over 6 inches in size and organics 11 c. Can be placed free from voids 12 d. Must have 20 percent passing the number 200 sieve 13 2. Blended Fill Material 14 a. In -situ soils classified as GW, GP, GM, SW, SP, or SM in accordance with 15 ASTM D2487 16 b. Blended with in -situ or imported acceptable backfill material to meet the 17 requirements of an Acceptable Backfill Material 18 c. Free from deleterious materials, boulders over 6 inches in size and organics 19 d. Must have 20 percent passing the number 200 sieve 20 3, Unacceptable Fill Material 21 a. In -situ soils classified as ML, MH, PT, OL or OH in accordance with ASTM 22 D2487 23 4. Select Fill 24 a. Classified as SC or CL in accordance with ASTM D2487 25 b. Liquid limit less than 35 26 c. Plasticity index between 8 and 20 27 2.3 ASSEMBLY OR FABRICATION TOLERANCES [NOT USED] 28 2.4 ACCESSORIES [NOT USED] 29 2.5 SOURCE QUALITY CONTROL [NOT USED] 30 PART 3 - EXECUTION 31 3.1 INSTALLERS [NOT USED] 32 3.2 EXAMINATION [NOT USED] 33 3.3 PREPARATION 34 A. Protection of In-PIace Conditions 35 1. Pavement 36 a. Conduct activities in such a way that does not damage existing pavement that is 37 designated to remain. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 312400-5 EMBANKMENTS Page 5 of 9 b. Repair or replace any pavement damaged due to the negligence of the contractor outside the limits designated for pavement removal at no additional cost 2. Trees a. When operating outside of existing ROW, stake permanent and temporary construction easements. b. Restrict all construction activities to the designated easements and ROW. c. Flag and protect all trees designated to remain in accordance with Section 31 10 00. d. Conduct embankments in a manner such that there is no damage to the tree canopy. e. Prune or trim tree limbs as specifically allowed by the Drawings or as specifically allowed by the City. 1) Pruning or trimming may only be accomplished with equipment specifically designed for tree pruning or trimming. 3. Above ground Structures a. Protect all above ground structures adjacent to the construction. 4. Traffic a. Maintain existing traffic, except as modified by the traffic control plan, and in accordance with Section 34 71 13. b. Do not block access to driveways or alleys for extended periods of time unless: 1) Alternative access has been provided 2) Proper notification has been provided to the property owner or resident 3) It is specifically allowed in the traffic control plan 25 3.4 INSTALLATION 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 A. Embankments General 1. Placing and Compacting Embankment Material a. Perform fill operation in an orderly and systematic manner using equipment in proper sequence to meet the compaction requirements b. Scarify and loosen the unpaved surface areas, except rock, to a depth of at least 6 inches, unless otherwise shown on the Drawings c. Place fill on surfaces free from trees, stumps, roots, vegetation, or other deleterious materials d. Bench slopes before placing material. e. Begin filling in the lowest section or the toe of the work area £ When fill is placed directly or upon older fill, remove debris and any loose material and proof roll existing surface. g. After spreading the Ioose lifts to the required thickness and adjusting its moisture content as necessary, simultaneously recompact scarified material with the placed embankment material. h. Roll with sufficient number passes to achieve the minimum required compaction. i. Provide water sprinkled as necessary to achieve required moisture levels for specified compaction j. Do not add additional lifts until the entire previous lift is properly compacted. 2. Surface Water Control a. Grade surface horizontally but provide with sufficient longitudinal and transverse slope to allow for runoff of surface water from every point. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 312400-6 EMBANKMENTS Page 6 of 9 1 b. Conduct fills so that no obstruction to drainage from any other sections of fill is 2 created. 3 c. Install temporary dewatering sumps in low areas during filling where excess 4 amounts of runoff collect. 5 d. Compact uniformly throughout. Keep surfaces of fill reasonably smooth and 6 free from humps and hollows that would prevent proper uniform compaction. 7 e. Do not place fill during or shortly after rain events which prevent proper work 8 placement of the material and compaction 9 f. Prior to resuming compaction operations, remove muddy material off the 10 surface to expose firm and compacted materials 11 B. Embankments for Roads 12 1. Only Acceptable Fill Material will be allowed for roadways 13 2. Embankments for roadbeds shall be constructed in layers approximately parallel to 14 the finished grade of the street 15 3. Construct generally to conform to the cross section of the subgrade section as 16 shown in the Drawings. 17 4. Establish grade and shape to the typical sections shown on the Drawings 18 5. Maintain finished sections of embankment to the grade and compaction 19 requirements until the project is accepted. 20 C. Earth Embankments 21 1. Earth embankment is mainly composed of material other than rock. Construct 22 embankments in successive layers, evenly distributing materials in lengths suited 23 for sprinkling and rolling. 24 2. Rock or Concrete 25 a. Obtain approval from the City prior to incorporating rock and broken concrete 26 produced by the construction project in the lower layers of the embankment. 27 b. No Rock or Concrete will be permitted in embankments in any location where 28 future utilities are anticipated. 29 c. When the size of approved rock or broken concrete exceeds the layer thickness 30 place the rock and concrete outside the Iimits of the proposed structure or 31 pavement. Cut and remove all exposed reinforcing steel from the broken 32 concrete. 33 3. Move the material dumped in piles or windrows by blading or by similar methods 34 and incorporate it into uniform layers. 35 4. Featheredge or mix abutting layers of dissimilar material for at least 100 feet to 36 ensure there are no abrupt changes in the material. 37 5. Break down clods or lumps of material and mix embankment until a uniform 38 material is attained. 39 D. Rock Embankments 40 1. Rock embankment is mainly composed of rock. 41 2. Rock Embankments for roadways are only allowed when specifically designated on 42 the Drawings. 43 3. Construct rock embankments in successive layers for the full width of the roadway 44 cross-section with a depth of 18-inches or less. CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised January 28, 2013 i 312400-7 EMBANKMENTS Page 7 of 9 1 4. The layer depth for large rock sizes shall not exceed a depth of 18-inches in any 2 case. Fill voids created by the large stone matrix with smaller stones during the 3 placement and filling operations. 4 5. Ensure the depth of the embankment layer is greater than the maximum dimension 5 of any rock. 6 6. Do not place rock greater than 18-inches in its maximum dimension. 7 7. Construct the final layer with graded material so that the density and uniformity is 8 in accordance compaction requirements. 9 8. The upper or final layer of rock embankments shall contain no material larger than 10 4 inches in their maximum dimension. 11 F. Density 12 1. Compact each layer until the maximum dry density as determined by ASTM D698 13 is achieved. 14 a. Not Under Roadway or Structure: 15 1) areas to be compacted in the open, not beneath any structure, pavement, 16 flatwork, or is a minimum of Ifoot outside of the edge of any structure, 17 edge of pavement, or back of curb. 18 a) Compact each layer to a minimum of 90 percent Standard Proctor 19 Density. 20 b. Embankments under future paving: 21 1) Compact each layer to a minimum of 95 percent standard proctor density 22 with a moisture content not to exceed +4 percent or -2 percent of optimum 23 moisture or as indicated on the Drawings 24 c. Embankments under structures: 25 1) Compacted each layer as indicated on the Drawings 26 F. Maintenance of Moisture and Reworking 27 1. Maintain the density and moisture content once all requirements are met. 28 2. For soils with a PI greater than 15, maintain the moisture content no lower than 4 29 percentage points below optimum. 30 3. Rework the material to obtain the specified compaction when the material loses the 31 required stability, density, moisture, or finish. 32 4. Alter the compaction methods and procedures on subsequent work to obtain 33 specified density as directed by the City. 34 3.5 REPAIR [NOT USED] 35 3.6 REINSTALLATION [NOT USED] 36 3.7 FIELD QUAILITY CONTROL 37 A. Field Tests and Inspections 38 1. Proctors 39 a. The City will perform Proctors in accordance with ASTM D698. 40 b. Test results will generally be available to within 4 calendar days and distributed 41 to: 42 1) Contractor 43 2) City Project Manager 44 3) City Inspector CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 28, 2013 Keller Haslet Road Culvert Project No. 101492 2 3 4 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 312400-8 EMBANKMENTS Page 8 of 9 4) Engineer c. Notify the City if the characteristic of the soil changes. d. City will perform new proctors for varying soils: 1) When indicated in the geotechnical investigation in the Appendix 2) If notified by the Contractor 3) At the convenience of the City e. Embankments where different soil types are present and are blended, the proctors shall be based on the mixture of those soils. 2. Proof Rolling a. Embankments under Future Pavement 1) City Project Representative must be on -site during proof rolling operations. 2) Use equipment that will apply sufficient load to identify soft spots that rut or pump. a) Acceptable equipment includes fully loaded single -axle water truck with a 1500 gallon capacity. 3) Make at least 2 passes with the proof roller (down and back = 1 pass). 4) Offset each trip by at most 1 tire width. 5) If an unstable or non -uniform area is found, correct the area. 6) Correct a) Soft spots that rut or pump greater than 3/4 inch. b) Areas that are unstable or non -uniform 7) If a non -uniform area is found then correct the area. b. Embankments Not Under Future Paving 1) No Proof Rolling is required. 3. Density Testing of Embankments a. Density Test shall be in conformance with ASTM D2922. b. For Embankments under future pavement: 1) The City will perform density testing twice per working day when compaction operations are being conducted. 2) The testing lab shall take a minimum of 3 density tests, but the number of test shall be appropriate for the area being compacted. 3) Testing shall be representative of the current lift being compacted. 4) Special attention should be placed on edge conditions. c. For Embankments not under future pavement or structures: 1) The City will perform density testing once working day when compaction operations are being conducted. 2) The testing lab shall take a minimum of 3 density tests. 3) Testing shall be representative of the current lift being compacted. d. Make the area where the embankment is being placed available for testing. e. The City will determine the location of the test. f. The City testing lab will provide results to Contractor and the City's Inspector upon completion of the testing. g. A formal report will be posted to the City's Buzzsaw site within 48 hours. h. Test reports shall include: 1) Location of test by station number 2) Time and date of test 3) Depth of testing 4) Field moisture 5) Dry density CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 28, 2013 Keller Haslet Road Culvert Project No. 101492 312400-9 EMBANKMENTS Page 9 of 9 1 6) Proctor identifier 2 7) Percent Proctor Density 3 B. Non -Conforming Work 4 1. All non -conforming work shall be removed and replaced. 5 3.8 SYSTEM STARTUP [NOT USED] 6 3.9 ADJUSTING [NOT USED] 7 3.10 CLEANING [NOT USED] 8 3.11 CLOSEOUT ACTIVITIES [NOT USED] 9 3.12 PROTECTION [NOT USED] 10 3.13 MAINTENANCE [NOT USED] 11 3.14 ATTACHMENTS [NOT USED] 12 13 14 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.2 — Added possible measurement and payment procedures and Blue 12/20/2012 D. Johnson text for instructions on how the methods should be applied 2.2.2.a added GW and SW material classifications 1/28/13 D. Johnson 1.2 — Modified Bid Item names in payment section to differentiate between Payment Methods on bid list. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 28, 2013 Keller Haslet Road Culvert Project No. 101492 Appendix Appendix A — Construction Details Appendix B Geotechnical Report Appendix C — 404 Permit Appendix D — Wage Rates Appendix E — City of Fort Worth Water Department Standard Product List CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 ATTACHMENT 1A Page 1 of 4 WORTH City of Fort Worth Minority Business Enterprise MBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: Check applicable block to describe MCMAHON CONTRACTING, L.P. Offeror PROJECT NAME: - - � - --- f7'Ar, � 11A,4� - i31C AEA City's M135 Project Goal. Offoror's MBE Proiect Commitment: FROJGCT NUMBER Identify �ii subcontractors/suppliers you will use ®n this project Failure to complete this fora, in its entirety with requested documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day 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 eater into a formal ageeement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional acid/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the laid being considered non -responsive to bid specifications. MBEs listed toward meeting the project goal must be 9ocated in the six (6) county marketplace at the time of laid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic area of Tarrant, ,Dallas, Menton, Johnson., Parker, and Wane coup ies. Prime contractors must identify by tier level of all subcontractors/supoliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered Is' tier, a payment by a subcontractor to its supplier is considered 2rd tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MBE and counting those dollars towards meeting the contract committed goal. ALL MBEs MIDST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas regional Certification Agency (NCTrCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the Offerer will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MBE owner -operated, and receive full MBE credit. The MBE may lease trucks from non -MBEs, including owner -operated, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. Rev. 2/10115 FORTWORTH ATTACHMENT 1A `� Page 2 of 4 Offerors are required to identify A .le subcontractors/suppliers, regardless of status; i.e., MinGrItY and non-lu BErs. MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. — - NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name n Detail Detail Address ; Subcontracting Supplies Telephone/Fax f ® � B Mork Purchased Dollar Amount Email Contact Person E E e'17- Drool! Se rvlcv3 I 31Go Conw#'%ve-./14 dr•ffe �j9F�q��� i�� ©�m 40 & 1%3 in 73P#7 j Elt(J c/ P#663o•WOO �.XlV00 4WA? #ZirOfIcle AjoweK.-r l �+s�. ��aroesgw►� �� O4 )00 I y.Z" ; r "Av, %X 74/,3/ l -- � 119 6c1r oV �r�r�..(�TrolS�c�a�Trrs . l�Gvt'f� a�l�cr� Ao.Q"1D/SG7 � rslu,,,/s — a _ _/tci j ❑ ❑ � CSTr raaT�y�S�++d .r J t�sT+w JS. A we,A %X 7G/4i4 �7-56/W 7�WIW17-544-703 ❑ ❑ a howl�!'��+caw.el`�rr�cal.� Rev. 2/10/15 FORT WORTH ATTACHMENT 1A Page 3 of 4 Offerors are required to identify ALiL subcontractors/suppliers, regardless of status, i.e., Minority and non-AABE° MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. Slf BCONTRACTOWSU PlPI_I!ER Company Name Address TelephonelFax Email Contact person 7 � S®+ol P, 4fr / 86'0 e aoa/ 419ItVado, �X 71100 9 rp-GY7' pwlra-Ids -Gaea. kc-rfd.. eatjrM17Qp/Jr4Rc9f! NCTRCA N T e W M r l7 a M E E E B Detail Detail Subcontracting Supplies Work I purchased RcfOL A'd Dollar Amount KG,t !lEiLi I�,�r e 5,wet, 116JI G\' r !i / ►��i y / /� w' / 9^64�t, TX 76O.�Y 409 A Aso -Al40 ,. Cory e Or,, -IV /riw -cow Co /—G1FWt! 14kJW-61 ne -f> '�O f f%r" 1?04l AirsIkAA*'/ ;'II ;IL :to SO � d o.%P o kiie, TX 74 26;Z� l El , 0 i/-Iaea/d/r^'e9i`cao sprp�/Ca$,, (4. Sµ�`l L�� fry. S�rft 13p L r Osier 00 �i �� TX 75;L*0 idob tcs a LcSl�a . �� , hob Altro;6 ;ze' 3 6�l����iarv�seo .Cose�l r4A 7� ,30 !.jiHadAex JU lam.�ro� ffotwo' " TiA 7700 r7t��Ylroap,+s�y�aVirs•.- Rev. 2/10/15 FORTWORTH ATTACHMENT 1A Page 2 of 4 Offerors are required to identify ALL subcontractorstsuppliers, regardless of status; i.e., NliaoWV and non -MBE.- MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. SUBCONTRACTOR/SUPPLIER NCTRCA n ~ Com pan Y Name Address i TeilephonefFax T M — _ i Detail w Subcontracting Work Detail Supplies Purchased Dollar Amount Email Contact person a E B M E E 8"ms- ploy 1400 �� it y�- 0 E I R6�+s✓r.N�rraea� �a.o�cale•Ca j 73so 1Jrd%14'4 . Anal I 4/0 O b,�des&v,,77 ci'ase�+. cb�m�`v.�@s+a+�ltiitrarr� I Tx 7G//7 091'9A17 7Vx o,of / I�j L i 60$01 V. l e;C0'r fr„� . raft SoiiN� W2i_5s!✓ aQ Rev. 2110115 FOIST 9YNTH ATTACHMENT 1A Page 4 of 4 ,total Dollar Amount of GIBE Subcontractors/Suppliers 7 ITotal Dollar Amount of Non -MBE Subcontractors/Suppliers 1 5' t Sir R►.9,2, _/_!' I TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORSISUPPLIERS The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the inority and Women Business Enterprise Office through the submittal of a Request for approval o ChangelAddfdon form. 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 Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this forma, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including NABE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Offeror agrees to allow the -transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) 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 the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City warVor a period of time not less than one (1) year. A'&"19"P4 iitl McMAHON CONTRACTING, LP Company Larne lud Address city/StatelZip '5 kdk2' Printed'Signature Ini I ae 'f, Contact Namelritle {if different ..,..,..,.....,., ....m � - (g3-19a7 ±72 - G_ - c2roA Telephone and/or Fax r Rev. 2/10115 Appendix A Construction Details CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 IACKRLL UNDER :MENT SELECT MA' ACCORDAI SECTION &qp CITY OF FORT WORTH, TEXAS REVISED: 08-31-2012 SELECT BACKFILL 33 05 1O-DO02 0 TWO NOTE TO DESIGNER: IN ACCORDANCE WITH SECTION 33 05 10 CSS BACKFILL WILL BE USED WHEN: • nME OR SPACE FOR COMPACTION AND/OR ACCEPTABLE BACKFILL DOES NOT EXIST, • TRENCH SETTLEMENT IS OF PARTICULAR CONCERN, • DEEP TRENCHES WHERE FINAL BACKFILL EXCEEDS 15 FEET, • OR AS DIRECTED BY CITY. CSS BACKFILL IN ACCORDANCE WITH SECTION 33 05 10 REPAIR 0°00o0-0-0-0a0 0 0 0 0 A 0 0 00000000000000 0000000°00000000 00000000000000 O 4 O O O O 0 000000000000000 O O O O O O 0 00000000000000 00000000000000 00000000000000 O000000000000 0 0 0 0 0 0 0 0 00000000000000 00000000000000 00000000000000 0°0°0 0°0°0000 „0_0_0_0 0 0_0 EMBEDMENT FINAL BACKFILL CITY OF FORT WORTH, TEXAS CEMENT STABILIZED SAID (CSS) BACKFILL REVISED: 10-08-2012 33 05 10-D©03 NOTE TO DESIGNER: IN ACCORDANCE WITH SECTION 33 05 10, CLSM1 WALL ONLY BE USED WHEN AN OBSTRUCTION CREATES THE NEED FOR A FLOWING BACKFILL, OR AS DIRECTED BY CITY_ CLSM IN ACCORDANCE WITH SECTION 03 34 13, BACKFILL IN ACCORDANCE WITH SECTION 33 05 10 SURFACE REPAIR vvvvvvvvvvvvvvv' vvvvvvvvvvvvvvvv 'v vvvvvvvvvvvvvv ' vvvvvvvvvvvvvvvv vvvvvvvvvvvvvvv' vvvvvvvvvvvvvvvv vvvvvvvvvvvvvvv vvvvvvvvvvvvvvvv vvvvvvvvvvvvvvv) vvvvvvvvvvvvvvvv vvvvvvvvvvvvvv' vvvvvvvvvvvvvv v v vvvvvvvvvvvvvv ' vvvvvvvvvvvvvvvv vvvvvvvvvvvvvvv, vvvvvvvvvvvvvvvv vvvvvvvvvvvvvvv' vvvvvvvvvvvvvvvv ' v vvvvvvvvvvvvvv ' vvvvvvvvvvvvvvvv v vvvvvvvvvvvvvv ' vvvvvvvvvvvvvvvv v vvvvvvvvvvvvvv ' vvvvvvvvvvvvvvvv EMBEDMENT FINAL BACKFILL VARIES ®�T ® CITY OF FORT WORTH, TEXAS REVISED:10-Os-2012 CONTROLLED LOW STRENGTH MATERIAL (CLSM) B ACKFILL 33 05 10-®004 NOTE TO DESIGNER:THE INTENT IS THAT THE CONTRACTOR CAN CHOOSE BETWEEN SELECT BACKFILL AND CSS. ACCEPTABLE BACKFILL MATERIAL IN ACCORDANCE WITH SECTION 33 05 10 BACKFILL WITH CSS OR SELECT BACKFILL IN ACCORDANCE WITH SECTION 33 05 10 &qw SURFACE REPAIR + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +++ 957 COMPACTION F++ + -2% TO +5% OF OPTIMUM + +++ MOISTURE CONTENT ++ + +•+ ++ + + + + + + + + +.+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 000000 0 0 0 C 98% COMPACTION -2% TO +5% OF 0000000 OPTIMUM O O O MOISTURE p0a0�0� CONTENT 0000000 EMBEDMENT CITY OF FORT WORTH, TEXAS DEEP TRENCH BACKFILL FINAL BACKFILL 15, FINAL BACKFILL NOTE BACKFILL FOR TOTAL FINAL BACKFILL DEPTH GREATER THAN 15' DEEP REVISED: 10-08-2012 33 05 10-DO05 A m o i zz Fo Waa \ ot'm, j ELQ p J w U z inw o � mw w w Jz. z��� \ = a aIL o W to M _ Wto F M �w�/1lG G[> I>pPDDpD % n_o tea" �t r��[I, I- > \ cnoo t # > i D o ��bptrtrDGpD}. dA \ a3vwi 1> r> tC Dpp IT- 1>+ +++ + pf'-p>fi1>ap + t[> �U++ itr t> D G t + E> D D I u / + + + DpDpDpDpDpDpD +*++ D D D D D D D +++++++DDDDDDDDDDDDD + + + + + i- + +DpDpDpDpDpDpD iv + + + + DpDpDpDpDpDpD ++++i+-I DpDpDpDpDpDpD / I + .+ +D_D_D_D_D_D_D �o M w �M Nw d = Z � D Z O W O y F o Fwa �¢ UVIz Nz LAa0. 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".y .. .:. .�\ �\ /.� U ¢ z w ��� w w -jan 0 WOw� LL. o �Dw z?o m_jLU < m1eF�J,1 U�Q z- X ¢ W �J 2pw wli� IL vc�io W O MwO O ¢az wow �yrJO waf J W W a W W U 0 M Z w m Q m p J W aFa0ac� ¢o ¢� J 0 O ¢ w x- O O awU_DUIIO v�W 1_01�1W U FWFP-OF2 WN O 0d'aZ 0¢ w 0C7U¢0i �Z Q W a O W 2 � p I l J 2 M: w ' p W Ld e c Z !U1 Z•�'P.� ''''•' ..� OO LA..I LLJ LL LLJ LLJ J. .'�- •fit ,4ry 'l. `;.•.,��•: x r. . m 0 z F LL J I 1' MIN, ACCEPTABLE BACKFILL OR 6" MIN CSS OR CLSM AS REQUIRED BY DRAWINGS PER SECTION 33 05 10 NOTES: 1. THIS DETAIL TO BE USED ONLY WHERE SPECIFIED ON THE DRAWINGS IN COMBINATION WITH PROPOSED MANHOLE OR VAULT IN THE SAME LOCATION. 2. ONLY FLAT TOP MANHOLES SHALL BE ALLOWED FOR UNIMPROVED SURFACES. CONE MANHOLES WILL NOT BE ALLOWED. 3. IF GRADE RINGS ARE USED THEY SHALL BE NO LESS THAN 2" THICK, AND SHALL NOT EXCEED 12" IN TOTAL HEIGHT. NO MORE THAN 3 TOTAL GRADE RINGS. SHALL BE ALLOWED, 4. ALL MEASUREMENTS ARE TYPICAL FOR ALL SIDES OF MANHOLE/VAULT LID ASSEMBLY, 5. MANHOLE FLAT TOP SHALL EXTEND 6" MIN. ABOVE HIGHEST ADJACENT UNIMPROVED SURFACE WHEN RAISED MANHOLE IS INDICATED IN THE DRAWINGS. 6. PROVIDE REINFORCEMENT TYING COLLAR TO MANHOLE. 7. WHERE POSSIBLE, RING AND FRAME MAY BE INTEGRALLY CAST INTO FLAT TOP, PROVIDED ALL OTHER SPACING REQUIREMENTS ARE MET. 8. WHEN USED, CONCRETE COLLARS SHALL BE POURED TO EXTENTS OF CONCRETE FLAT TOP. 9. MANHOLE SHALL BE RAISED OR FLUSH AS INDICATED ON THE DRAWINGS. `EXISTING PLAN VIEW UNIMPROVED SURFACE FRAME AND COVER CONCRETE MIN. COLLAR INDICATED IN F THE DRAWINGS TH Q. GROUT FACE 12" MAX. SMOOTH (TYP.) 2 ROWS RAM-NEK OR EQUIVALENT (TYP,) 1!, o�, i AS +++ -Y++ `•"� MANHOLE OR DRILLED BN70 VAULT PER MANHOLE CONE ,_ * + pRAWINGS 3" MIN. BOTH + + + + i `•'; a DIRECTIONS, SEE } } } + + NOTE 6 + Y +++ + + (4) #4 BARS DRILLED +++++++ INTO MANHOLE CONE 3" +++++++ MIN. BOTH DIRECTIONS, SEE NOTE 6 RAISED SECTION VIEW FRAME AND COVER AS `CONCRETE COLLAR INDICATED IN THE DRAWINGS GROUT FACE -' 12" MAX. SMOOTH (TYP.) " ;';. " s.. 2 ROWS RAM—NEK OR EQUIVALENT (TYP.) MANHOLE OR VAULT PER DRAWINGS FLUSH SECTION VIEW %" CHAMFER (TYP-) 6„ 6" MIN. TOP -SOIL TOP -SOIL 11 1.1 V MIN. ACCEPTABLE BACKFILL OR 6" MIN CSS OR CLSM AS REQUIRED BY DRAWNGS PER SECTION 33 05 10 CITY OF FORT WORTH, TEXAS REVISED: 08-31-2012 MANHOLE LID ASSEMBLY v UNIMPROVED SURFACE (FLAT TOP) 33 05 13-DO15 f UTILITY COLOR TABLE UTILITY COLOR POTABLE WATER BLUE RECLAIMED WATER PURPLE SANITARY SEWER GREEN STORM DRAIN RED 1" WIDE TAPE 4 AS F C01 1" APAR" 6" E &vp �T CAP WITH COLOR AS LITY COLOR TABLE WITH LABEL ON BOTH SIDES. F) tj A T I I TN ® Y N E OAT FORTH IN CASE OF (817) EMERGENCY PLEASE CALL: 392-4477 FOR LINE (817) LOCATION PLEASE CALL: 392-8296 UTILITY WARNING LABEL N.T.S. NOTES: 1. MARKERS SHALL BE REQUIRED FOR ALL POTABLE WATER, RECLAIMED WATER. AND SANITARY SEWER LINES GREATER THAN 12". 2. MARKERS SHALL BE REQUIRED FOR STORM DRAINS WHEN INDICATED ON THE DRAWINGS. 3. PLACE MARKERS AT EACH RIGHT-OF-WAY CROSSING AND AT MAJOR UTILITY CROSSINGS AS INDICATED IN THE DRAWINGS. CITY OF FORT WORTH, TEXAS UTILITY MARKER POLE REVISED: 08-31-2012 33 05 ,?G-DO i 0 6" MIN 6" MIN CONCRETE ENCASEMENT PER SECTION 33 05 10 8" MIN. TRENCH WALL CLEARANCE (TYP.) NOTE: • DIMENSIONS SHOWN ARE THE MINIMUM REQUIREMENT FOR PAYMENT PURPOSES. CITY OF FORT WORTH, TEXAS CONCRETE ENCASEMENT FOR UTILITY PIPES REVISED: 06-19-2013 33 Oa 10-DO17 6" MIN. AND 12" MAX. INITIAL BACKRLL _III' .,.. UTILITY SAND PER ' SECTION 33 05 10 .a' 11 6" MIN. i TRENCH GEOTEXTFLE FABRIC CRUSHED ROCK PER SECTION 33 05 10 12" MIN. AND 18" MAX. TRENCH WALL CLEARANCE (TYP.) TRENCH DEPTH TRENCH DEPTH LESS THAN OR GREATER THAN 15', EQUAL TO 15', GROUND WATER AND NO PRESENT, OR BURIED GROUND WATER STEEL PIPE PER PRESENT SECTION 33 11 14 CITY OF FORT WORTH, TEXAS REVISED: 08-31-2012 EMBEDMENT FOR WATER LINES 16-INCH TO 24-INCH 1 33 05 10-®IO2 OZ me do 0 z mR�RY37�' m i wy Z� 8 EGN go%%. 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VI o� W DW(QJ w m N z d a 0 a 0 o;� U � d O U W Q 0 O za a¢ I X �o 0 as a u In O m rm m U z w W I Ip PPP i P �D RD DSI PbPDPDI e b e I PpPyP pl D bDbDDI DDDDPDI P b P I DPP�P 61 PPDp P� P P b I DpPpPpl P P P I bRo-°bRl P RPRbRI PpPpP 61 PDPDPDI epbpbD P P P I PRpR6Pl O z a Q < o�Za oc,26 D7 mUW r7(=W O V)—j F 51L, W Z F O = O m a�N �pOU Z m ca X J W U w Q I N O N P (j o 4 A cm uj W 1i LLI cL I IL z o-4Lu z_ CL I� d LL Z Z O ® Z Lu U � � J Old z MANHOLE BASE REINF 06 BARS 6" OCFW 3'X3'X6' CONCRETE BASE WITH 94 BARS ® 6" OCEW, CAST ON UNDISTURBED SOIL 6" T 32' HINGED FRAME AND COVER PER 33 05 13-DO06 12' DIMENSION TABLE GATE VALVE SIZE A 8 MIN. C D RISER SIZE MIN'BURY DEPTHDEPTH PAVED+ MIN, BURY UNPAVED•16- X 5' 0 1'-6- 2-6' 13' 1' 6'-2• 5'-3" 11' 16' 6' 0 V-9' 3'-7' 16' JE 1• 6'-iD• V-11• 1Y 20' 6' 0 1'-10" 3'-7' 16" 1" 6'-10" 5-11" 12' 24" 6' 0 2'-0" 3'-9' 16" 1' 7'-W 6'--1" 12' 30' 7' 0 Y-3" 4'-11- 16- 2• 6'-2' 7'-3• 13, 36' 7' 0 Y-6' 5-C 16' 0 1 8'-9' V-10' 1 13' 'MINIMUM CUNT UWIH 1] VNUM HNIhHtU GIKAUL IU IUI' Uh VIVL NOTES: 1. VAULT TOP SHALL BE PER MANHOLE LID ASSEMBLY DETAILS AS INDICATED ON THE DRAWINGS. 2. RISERS: 'B- j REINF. #6 BARS VAULT -PLAN 6" OCEW PRE -CAST 32' HINGED FRAME AND COVER MANHOLE PER 33- `PER 33 05 13-13008, IF VAULT 39 10/20-D208 IS IN PAVEMENT. / TOWARD ONCOMINGRIENT GE TRAFFIC 2.1. DUCTILE IRON OR PVC PIPE: PROVIDE TAPPING COPPER SHALL SADDLE WITH CC THREAD, BALL CORPORATION NOT BE IN STOP CCxFLARE, COPPER RISER AND Y4 TURN CONTACT WITH BALL VALVE FLARExFLARE PER SECTION 33 12 MANHOLE 10. STRUCTURE 2.2. STEEL OR CPP: PROVIDE A THREADED OUTLET WITH CC THREAD, BALL CORPORATION STOP CLSM OR C55 CCxFLARE, COPPER RISER AND Y4 TURN BALL PER SECTION VALVE FLARExFLARE PER SECTION 33 12 10. 33 OS 10 3. TO OPEN ALL VALVES THE OPERATING NUT SHALL COPPER RISER, BE TURNED TU THE RIGHT (CLOCKWISE). SEE NOTE 2 INSET 'A' I STAINLESS STEEL UNI-STRUT. "U"-BOLT I I I AND NUTS I I I I I I43 RISER ELEVATION L11, RB ACING DETAIL PLAN MANHOLE BASE REINF. ij6 BARS 0 6" OCEW POLYISOCYANURATE CUSHION PAD, V THICK, EXTENDING IN PIPE LAY DIRECTION 12„ MIN. TAPPING SADDLE W/ CC THREADS PER SECTION 33 12 10 MU RETAINER - GLAND 6" R STAINLESS STEEL STRAPS TO BRACE COPPER, SEE INSET 'A' GROUTgMANHOLE CONNECTION PER SECTIONS 33 39 10 OR 33 39 20 i " IN. THREADED OUTLET W/ CC THREAD FLANGED CONNECTION, PROVIDE ISOLATION KIT WITH PETROLATUM TAPE COATING PER SECTION 33 04 10 3' CONCRETES PVC/DIP CPP/STEEL BASESE WITH $4 BARS ® 6" OCEW, CAST ON UNDISTURBED SOIL SECTION A --A CITY OF FORT WORTH, TEXAS REVISED: 08-31-2012 WATER TRANSMISSION GATE VALVE & VAULT (1611- 3611) 33 12 20-D 127 a JOwV}� d - F w Law� o Oaw amn w a z P Naapo (Z zJmF ca OLLI `-'-� a a z�Q w Sao w 0 Z Ja' JW Z[QY� Qz MW U�3a �3a JO U O o z z �a W Q n En a wa o w LLLd as a� �m J n w ul �^ a La as mU c� o ZU LL a wa U U Z W u ZF Z cn - Z 0x U W I I w0 ULL I ow CL Z azz oWaz I oo0 vwi�F owx IJic�iaa �za / — — tia — —tea Q.03 ow¢ ro zpw mc0Lki0 Z� Ewa a�~a w�En I Io. a Vw a�rn oo�U ��� w z¢� �z a Fa W L,-M V 0-0 Z X w p o,dw ON om 0En aY zmaom O w d w4 LLI WJd J Vt O VI F a W ❑ z Ir J Q Z a O p p M VI 4 �ww �w13C w U W W a adz UO ❑ 0.0 00 �o o IL W m a n 0. n U O 000 wwz W dop�z �az w Fzw m d n FLM aoa wx La �a W Sna z�J U� _jO VF-I� �w a Z OC�4 uj mV] oaF� I I p LLJ UFQO I I aw zx0M M OZ o - UF¢p W W J W I a��W+lw OZ RUr zQD (A 0 OLaw �Ir��0 — — — — oa � �ooV] wmLd Mm ycXm � aoO wz I;i a OWLd U WWU 0za Z owa O Z Z a� mo Yo o zwa o U00 F ~ M Z zom� U ��F FDd wo0U w W LIwa C7�O In W. UaJ oaw J W W w "wtn a v a d a- a- LL 0-o� En ova oml-j - oam 00� a rn ll F a a CIO El z R Fw Z F o cn Z U a O p z a F a x L'! Q� x lX W O W z wI a wiz w ¢ J m015 m Ln Nam¢ I F I �m W cDww U >' x5 Z U w o O T N ! U Wa J W O p Z Ja WZ w-j V>U OUa W Q(K � W w a= o � Z W a � (Aa LLI az w w EL UFa wa ¢ = O J F r x OU U Z O Ld Z m a� JO ap LL z ww w U a � J d J [Fia as wp D- a a aoa J V1 11 oLL z ---- �`z cea � Q Z J m w LLI 1 r Nm� zm Z Zocno 0,Z I { woN 0 cFi�ao �p� I j I ZY0" w Rom ZwM o O-Z {n0 wn�o raO I pa za�w m�z� r a O J 12w�rr %�X I I Uww oo`' t� d OF www aw In ZNU as a Inww ujam 0 M 00 0 w D w w 1 O O LL LL 0 r U Cal M z w z x z Q w z z Q RESTRAINED PLUG OR CAP "X" BLOCKING SHALL EXTEND TO UNDISTURBED EARTH ALL DUCTILE IRON FITTINGS SHALL BE WRAPPED IN POLYETHYLENE PER SECTION 33 11 11 TEE "X" PLAN VIEW BEND BLOCKING SHALL EXTEND TO UNDISTURBED EARTH HORIZONTAL THRUST BLOCKING TABLE PIPE SIZE "X' DIM.** PLUGS, TEES. DEAD -ENDS 90' BENDS 45' BENDS 22.5' BENDS 11.25' BENDS MIN. AREA (SF) MIN. AREA (SF) MIN. AREA (SF) MIN. AREA (SF) MIN. AREA (SF) 6" 1'-6" 4.00* 4.50 4.00* 4.00* 4.00* 8" 1'-6" 5.65 8.00 4.33 4.00* 4.00* 10" 1 *-6*, 8.84 12.50 6.76 4.00* 4.00* 12" V-6" 12.72 17.99 9.74 4.96 4.00* 16" 2'-0" 22.62 31.99 17,31 8.83 4.43 20" 2'-0" 35.34 49.98 27.05 13.79 6.93 24" 2'-0" 50.89 71.97 35.95 19.86 9.98 *MINIMUM THRUST BLOCKING SURFACE AREA SHALL BE 4 SQUARE FEET. **DIMENSION "X" TO BE A MINIMUM OF ONE FOOT AND SIX INCHES* BUT IS TO BE INCREASED WHERE NECESSARY TO PROVIDE BEARING AGAINST UNDISTURBED TRENCH WALL. NOTES: 1. THRUST BLOCKING AREAS SHOWN ARE BASED ON: 1.1. 225 PSI TEST PRESSURE 1.2. 3.000 PSF HORIZONTAL OR LATERAL BEARING PRESSURE FOR ACCEPTABLE SOILS 1.3. MINIMUM COVER OF 42" M. A SAFETY FACTOR OF 1.5. 2. THE ENGINEER SHALL PROVIDE A SEPARATE BLOCKING TABLE WHEN THE CONDITIONS DO NOT MEET THE ABOVE ASSUMPTIONS. 3. THE CONTRACTOR IS REQUIRED TO PROVIDE THRUST RESTRAINT BY MEANS OF THRUST BLOCKING FOR ALL PIPES. THIS ITEM SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS ITEMS BID. 4, ALL MJ FITTINGS SHALL BE ADDITIONALLY RESTRAINED WITH RETAINER GLANDS. 5. BLOCKING FOR WATER LINES LARGER THAN 24" SHALL BE DESIGNED FOR THE SPECIFIC LOCATION AND SHOWN ON THE DRAWINGS. 6. ALL DUCTILE IRON FITTINGS SHALL BE WRAPPED IN POLYETHYLENE ENCASEMENT PRIOR TO PLACING OF BLOCKING. 7. CONCRETE MATERIAL SHALL CONFORM TO SECTION 03 30 00. CITY OF FORT WORTH, TEXAS HORIZONTAL THRUST BLOCKING REVISED: 12-30-2016 33 11 00-D130 C01 SH. UNDISTURBED EARTH PROFILE VIEW CONCRETE CRADLE TABLE PIPE SIZE "X" DIM.** 90' BENDS 45' BENDS 22.5' BENDS 11.25' BENDS MIN. AREA (SF) MIN. AREA (SF) MIN. AREA (SF) MIN. AREA (SF) 6" 1'-6" 4.50 4.00* 4.00* 4.00* 8" 1'-6" 8.00 4.33 4.00* 4.00* 10" 1'-0" 12.50 6.76 4.00* 4.00* 12" 17.99 9.74 4.96 4.00* 16" t2'-O" 31.99 17.31 8.83 4.43 20" 49.98 27.05 13,79 6.93 24" 2'-0" 71.97 38.95 19.86 9.98 *MINIMUM THRUST BLOCKING SURFACE AREA SHALL BE 4 SQUARE FEET. **DIMENSION "X" TO BE A MINIMUM OF ONE FOOT AND SIX INCHES, BUT IS TO BE INCREASED WHERE NECESSARY TO PROVIDE BEARING AGAINST UNDISTURBED TRENCH BOTTOM. NOTES: 1. THRUST BLOCKING AREAS SHOWN ARE BASED ON: 1.1. 225 PSI TEST PRESSURE 1.2. 3,000 PSF HORIZONTAL OR LATERAL BEARING PRESSURE FOR ACCEPTABLE SOILS 1.3. MINIMUM COVER OF 42" 1.4. A SAFETY FACTOR OF 1,5. 2, THE ENGINEER SHALL PROVIDE A SEPARATE BLOCKING TABLE WHEN THE CONDITIONS DO NOT MEET THE ABOVE ASSUMPTIONS. 3. THE CONTRACTOR IS REQUIRED TO PROVIDE THRUST RESTRAINT BY MEANS OF THRUST BLOCKING FOR ALL PIPES. THIS ITEM SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS ITEMS BID. 4. ALL MJ FITTINGS SHALL BE ADDITIONALLY RESTRAINED WITH RETAINER GLANDS. 5. CRADLES FOR WATER LINES LARGER THAN 24" SHALL BE DESIGNED FOR THE SPECIFIC LOCATION AND SHOWN ON THE DRAWINGS. 6, ALL DUCTILE IRON FITTINGS SHALL BE WRAPPED IN POLYETHYLENE ENCASEMENT PRIOR TO PLACING OF BLOCKING. 7. CONCRETE MATERIAL SHALL CONFORM TO SECTION 03 30 00. &qw CITY OF FORT WORTH, TEXAS REVISED: 12-30-2016 CONCRETE CRADLE 133 11 00-D131 WIDTH SHALL BE 8" MIN. FOR 2 BAR APPLICATIONS, OTHERWISE 6" MIN. PIPE BACKFILL PER DRAWINGS AND SECTION 33 05 10 PIPE EMBEDMENT PER DRAWINGS AND SECTION 33 05 10 REINFORCING MAT, #4 BARS 0 6" OCEW 6" MIN, 6" MIN.'.' r i�.�.�,�,�.�:•:� .�.,'. ±,ate.:`• > ' :•:�:�.•,�.�.� TIE -DOWN BARS AS DESIGNATED ON TABLE REINFORCING MAT SHALL BE #4 BARS 0 6" OCEW BLOCKING SHALL -� ' BE AGAINST 6" MIN. UNDISTURBED TYP. EARTH SECTION VIEW HOOK TIE DOWN BLOCKING SHALL BARS INTO BE AGAINST REINFORCING UNDISTURBED MAT (TYP.) EARTH VERTICAL TIE -DOWN BLOCKING TABLE PIPE SIZE 90' BENDS 45' BENDS 22.5' BENDS 11.25' BENDS MIN. VOLUME (CF) MIN. #4 BARS MIN. VOLUME (CF) MIN. #4 BARS MIN. VOLUME (CF) MIN. #4 BARS 6" ALL 90' BENDS SHALL BE RESTRAINED 48.69 1 24.82 1 12.47 1 8" 86.56 2 44.13 1 22.17 1 0" r!12' 135.25 3 68.95 2 34.64 1 194.76 4 99.29 2 49.88 1 NOTES: 1. VERTICAL TIE -DOWN BLOCKING VOLUMES SHOWN ARE BASED ON: 1.1. 225 PSI TEST PRESSURE 1.2. 150 PCF CONCRETE DENSITY 1.3. A SAFETY FACTOR OF 1.5. 2. BAR QUANTITIES ARE BASED ON: 2.1. 30 KSI #4 STEEL REINFORCEMENT BAR 2.2. A FACTOR OF SAFETY OF 1.5 2.3. "L" SHALL BE A MINIMUM OF 18". 3. THE ENGINEER SHALL PROVIDE A SEPARATE VERTICAL TIE -DOWN BLOCKING TABLE WHEN THE CONDITIONS DO NOT MEET THE ABOVE ASSUMPTIONS. 4. THE CONTRACTOR IS REQUIRED TO PROVIDE THRUST RESTRAINT BY MEANS OF VERTICAL TIE --DOWN BLOCKING FOR ALL PIPES. THIS ITEM SHALL BE CONSIDERED SUBSIDIARY TO THE VARIOUS ITEMS BID. S. ALL MJ FITTINGS SHALL BE ADDITIONALLY RESTRAINED WITH RETAINER GLANDS. G. WIDTHS, LENGTHS AND DEPTHS MAY VARY BUT SATISFACTION OF ABOVE MINIMUM VOLUMES MUST BE DEMONSTRATED. 7. KEEP CONCRETE CLEAR OF PIPE JOINTS AND BOLTS. 8. VERTICAL TIE -DOWN BLOCKING FOR LINES 16" AND LARGER SHALL BE DESIGNED FOR THE SPECIFIC LOCATION AND SHOWN ON THE DRAWINGS. 9. ALL DUCTILE IRON FITTINGS SHALL BE WRAPPED IN POLYETHYLENE ENCASEMENT PRIOR TO PLACING OF BLOCKING. 10. CONCRETE MATERIAL SHALL CONFORM TO SECTION 03 30 00. CITY OF FORT WORTH, TEXAS REVISED: 12-30-2016 VERTICAL TIE -DOWN BLOCKING 33 11 00-D132 o C M 1 o � r3 w q' U) Er} 2 N n r w 0 0 �zl Q O x N Q T Ili wyM LU w W ti a0W coo m ^o 3C5d FF �� k3C + t + + + + + + + + + . 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N N N N M�� N� [MO n� dh- CO OOi Oni O 2 � U N � a �� I��� W� I l l l l l l r l � z Z J � Z Z O W U� N� I� 1� M m l I I I I I I I I W N N N I+1 C V' oa a W-_ a_ - a °- �g W N O.KN r N N N N M M V� V u'l m m n n m a1 rn ZQ U A-7 4-#3 DOWEL BARS SPACED EVENLY A'. PRE -CAST OR CAST -IN -PLACE MANHOLE PER 33 39 10/20-D208 0� � 1. D. GROUTED DROP THROUGH PER SECTION H TO 03 30 00 FLOW TO TROUGH Y" -Y4 LD- X. SEE NOTE 4 PROVIDE 4 DEPT� #3 DOWEL CENTERED DEPTH INVERT FOI EN BENCH BETWEEN ALL STANDARD AND DROP THROUGH MANHOLES A RADIUS CONCRETE TROUGH PER SECTION A -A SECTION 03 30 00 PLAN VIEW N OTES: 1. DROP THROUGH SHALL BE POURED MONOLITHICALLY WITH CAST -IN -PLACE BENCH, OR DOWELED AND GROUTED TO PRE -CAST BENCH. 2. DROP THROUGH SHALL EXTEND INTO MAIN -LINE TROUGH Y2 THE INNER DIAMETER OF LATERAL. 3. WHERE LATERAL FLOW -LINE TO DROP MAIN FLOW -LINE 15 GREATER THAN -1 PER 24" AN EXTERNAL DROP SHALL BE 03 30 00 REQUIRED PER 33 39 10/20-D209 4. "X" SHALL BE NO MORE THAN 24" FROM FLOW -LINE TO FLOW -LINE. "Y* SHALL BE THE GREATER OF HALF OF 'X" OR 6". T OR CAST -IN -PLACE MANHOLE PER 33 39 10/20-D208 CITY OF FORT WORTH, TEXAS REVISED: 08-31-2012 HYDRAULIC SLIDE 3339 10120-D207 NOTES: 1. MANHOLE TOP SHALL BE PER MANHOLE LID ASSEMBLY DETAILS AS INDICATED IN THE DRAWINGS- 2. FOR CAST-IN-PLACL MANHOLES, CURE FOR THREE DAYS BEFORE BACKFILLING AROUND STRUCTURE 3. IF SOIL CONDITIONS OR GROUND WATER PREVENT USE OF COARSE AGGREGATE BASE A 2-INCH MUD SLAB MAY BE SUBSTITUTED. 4, CAST-IN-PLACF CONCRETE SHALL BE PER SECTOIN 03 30 00. 5, PRE --CAST JOINTS SHALL CONFORM TO ASTM C478. PRE -CAST + + + + + + + + ' t 4 + + + + + + k;,- + + + + 4 + } + 's4 + + + + + + + r + r I+ ..,�.,- ++++++++ 3" MIN. ++} B" MIN. 4+++++++ (TYP.)+++++ + + + + + + + + + + + t + + + + + + + + + + + + + + + ® ' + + + + + + +s ACCEPTABLE + + + + + + ; •" BACKFILL AROUND'++++++4+4++++ MANHOLE (TYP.) PER' + + + + + + SECTION 33 05 10.+++++++++++i.+ ' + + + + + + + + +'+ RUBBER GASKETS + + + + + + + + + + 4 + +'+ + AT ALL PRECAST + + + + } + + + JOINTS + + + + + + + + 6. UNLESS OTHERWISE INDICATED IN THE DRAWINGS, 4'0 MANHOLES SHALL BE USED FOR 21" AND SMALLER SANITARY SEWER LINES AND 5'0 MANHOLES SHALL BE USED 24" UP TO 36" SANITARY SEWER LINES. 7, HINGED LIDS SHALL BE REQUIRED FOR ALL SANITARY SEWER MANHOLES WITH CONNECTING LINES OF 24-INCHES AND GREATER. B. HINGED LIDS SHALL BE REQUIRED FOR ALL SANITARY SEWER MANHOLES WITH A RIM ELEVATION GREATER THAN 12-INCHES ABOVE NATURAL GROUND. FRAME AND COVER AS INDICATED ON THE !ADRAWINGS OR AS REQUIRED PER NOTES 7 AND 8 CAST-IN- PLACE + + + + + + + + .. 5" MIN. FOR 4'0 ++++++++++++++ �a°•' 6" MIN. FOR 5's B" 4 + 4 + 4 + + + - 7" MIN. FOR WO + + t + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + 4- 4 + 4 + + + + + PIPE CONNECTIONIN+ + + ACCORDANCE WITH+ 4 + + SECTION 33 39 20++ ++ +++ ' + + A. + + a. + + EMBEDMENT SHALL BE,++++ +++++ a•' SAME AS MAIN (TYP.) + + + + + PER SECTION 33 05 10'+ +++ ++++' 6" ADJUST GROUT INVERT W/OFFSET TO MATCH PIPE FLOWLINE AS NEEDED 4', 5' OR 6' 0 AS INDICATED IN THE DRAWINGS SLOPE BENCH TOWARDS DOWNSTREAM DIRECTION PROVIDE 3/4 DEPTH INVERT (TYP.) I I I y77 6'.� 8 MIN. MIN. CRUSHED ROCK BELOW MANHOLE BASE (TYP.) PER SECTION 33 05 10 I APPLY INTERIOR CORROSION PROTECTION IF REQ'D (TYP.) PER SECTION 33 39 60 + + + + + + + +MANHOLE LID + + + + + ASSFMBLY, SEE + + + + + + NOTE 1 + + 4 + + + + + + + + + 4 + 4 + PROVIDE EXTERNAL ++-++++ ++COATING IN + - + + + ACCORDANCE WITH + ++T++++ASTM D4258 AND + + + + D4259 .,a'' + + + + + + + + 2 4 + 4 + + 4 + + + + + + + + + + 4 r + + + + + + + + + -A. + +T-F + + + + AIN. + + + + } + + + + + + i + + + + + + + + + + 4 4 + 4 + 4 + + + + + + + F 4 + + + 4 + + + + + + + + + + + + + + + • •. ° + 4 4 + + + + 4 + + + + + + + + + + + 4 + + + + + + { + + + + + + + + ° .+ + PIPE CONNECTION IN + + +ACCORDANCE WITH ++ ++ SECTION 33 39 10 GROUT AROUND `+" �`++++++++++++++ PIPE PENETRATION - a• - an g" J MIN. UNDISTURBED EARTH 12" I MIN. &40 CITY OF FORT WORTH, TEXAS REVISED: 06-19-2013 STANDARD I� ANHOLE 3339 USE BACKFILL ABOVE PIPE SPRING -LINE 5" MIN. AND 12" MAX. BEDDING TRENCH GEOTEXTILE FABRIC CRUSHED ROCK PER SECTION 33 05 10 12" MIN, TRENCH WALL CLEARANCE (TYP.) ®R�®Rdl CITY OF FORT WORTH, TEXAS REVISED; 08-31-2012 EMBEDMENT FOR RCP STORM SEWER ALL SIZES 1 33 05 1 0-®402 6" MIN. AND 12" MAX. INITIAL BACKFILL 6" MIN. AND 12" MAX. BEDDING BACKFILL PER IN ACCORDANCE WITH SECTION 33 05 10 TRENCH GEOTEXTILE FABRIC ONLY IF ANNULAR SPACE IS FILLED WITH CRUSHED ROCK + + + + + + + + + + + + + + + + + + + + + + + + + + f + + + + + + + + + + + + + + VARIABLE DIM. FILL THE ANNULAR SPACE BETWEEN MULTIPLE BOXES WITH CRUSHED ROCK OR CLSM PER SECTION 03 34 13 VARIABLE DIM. SPACE TO ALLOW FOR PROPER CONSOLIDATION, 6" MIN. + + + + + TRENCH GEOTEXTILE + + FABRIC ONLY IF +++ I I INITIAL BACKFILL IS + + CRUSHED ROCK ++++ II + + ACCEPTABLE BACKFILL + + COMPACTED TO 95% + + PER SECTION 33 05 10 ++++ ++ +++ + i + CRUSHED ROCK PER + + SECTION 33 05 1D + + + + 24" MIN. TRENCH WALL CLEARANCE TO ALLOW FOR PROPER COMPACTION (TYP.), 6" MIN. 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Lo- -LLJ ®®® x 611 Ln op iJ `tp '[J m �Vmdqqv ffiYno III X it _ 5 vN�0 R asi w a 8 ma�gLx 'S" U ffi Nz� �d�3o F y =��sbi4'9 0 8 x KKoaoa S vf01'�m� o N 3� Loz, J2 aLL Bllfq iq 39031N3113Atld C3_ t o 4�rL c mQ2Br� a 4�w� Q (A h gzz c�a �8yy W Ld '� zJ o m aaN Aw Olean m€� MM = m�B�a gwB ax w2- p 8k3117 EC 3D03 1N3W3M1Yd imnw— o u RoPa w mFN H $� F�_ a o`v m6¢Fy�ThT mII 8 W @ N�1yUS FN Ld a n w FI mF° 'win ,o-,c a o��o Appendix B Ge®technlcal Report CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 GEOTECHNICAL EXPLORATION on KELLER HASLET ROAD CULVERT AND CHANNEL Keller Haslet Road and Alta Vista Road Port Worth, Texas ALPHA Report No. W 182816 November 8, 2018 Prepared for: NEEL-SCHAFFER, INC. 512 Main Street, Suite 415 Port Worth, Texas 76102 Attention: Mr. Jim Amick, P.E. Pd By: re ace ALPHA TESTING WHERE IT ALL SEGINS A L PH VitT EST I N 18 WHERE IT ALL 110INI November 8, 2018 Neel -Schaffer, Inc. 512 Main Street, Suite 415 Fort Worth, Texas 76102 Attention: Mr. Jim Amick, P.E. Geotechnical Construction Materials Environmental TBPE Firm No. 813 Re: Geotechnical Exploration Keller Haslet Road Culvert and Channel Keller Haslet Road and Alta Vista Road Fort Worth, Texas ALPHA Report No. W 182816 5058 Brush Creek Road I Tel: 817-496-5600 Fort Worth, Texas 76119 Fax: 817-496-5608 www. alphatesting. com Attached is the report of the geotechnical exploration performed for the project referenced above. This study was authorized by Mr. James Amick, P.E. using the Subconsultant Agreement dated October 15, 2018 and performed in accordance with ALPHA Proposal No. 65847 dated June 26, 2018. This report contains results of field explorations and laboratory testing and an engineering interpretation of these with respect to available project characteristics. The results and analyses were used to develop recommendations to aid design and construction of the new pavement following drainage improvements to Keller Haslet Road. ALPHA TESTING, INC. appreciates the opportunity to be of service on this project. If we can be of further assistance, such as providing materials testing services during construction, please contact our office. Sincerely, ALPHA TESTING, INC OF a r' ':.•, �BRIAN J. HOYT . _`....... R746....... !K, November 8, 2018 Mark L. McKay, P.E.. Brian J. Hoyt, P.E. Director of Geotechnical Engineering Geotechnical Department Manager MLM/BJH/klf Copy: (1) Client 12 TABLE OF CONTENTS �n ALPHA REPORT NO. W182816 1.0 PURPOSE AND SCOPE....................................................................................................1 2.0 PROJECT CHARACTERISTICS.......................................................................................1 2.1. FIELD EXPLORATION............................................................................................2 3.0 LABORATORY TESTS.....................................................................................................2 4.0 GENERAL SUBSURFACE CONDITIONS......................................................................2 5.0 DESIGN RECOMMENDATIONS.....................................................................................3 5.1. Pavement Subgrade Preparation................................................................... ....3 5.2. Subgrade Improvement Using Lime Stabilization.....................................................4 5.2.1. Subgrade Improvement Using Flexible Base Material .............................. 4 5.3. Asphalt Concrete Pavement Section..........................................................................4 5.4. Soluble Sulfates..........................................................................................................6 5.5. Drainage Considerations............................................................................................6 6.0 GENERAL CONSTRUCTION PROCEDURES AND RECOMMENDATIONS ............6 6.1. Site Preparation and Grading.....................................................................................6 6.2. Fill Compaction..........................................................................................................8 6.3. Groundwater...............................................................................................................8 7.0 LIMITATIONS....................................................................................................................9 I1901►113A/ A-1 Methods of Field Exploration Boring Location Plan — Figure I B-1 Methods of Laboratory Testing Lime Series — Figure 2 WinPAS Analysis Logs of Borings (Borings 1 and 2) Key to Soil Symbols and Classifications ALPHA Report No. W 182816 ?AL 1.0 PURPOSE AND SCOPE The purpose of this geotechnical exploration is for ALPHA TESTING, INC. ("ALPHA") to evaluate for the "Client" some of the physical and engineering properties of subsurface materials at a selected location on the subject site with respect to formulation of appropriate geotechnical design parameters for pavement sections for a residential street. The field exploration was accomplished by securing subsurface samples from test borings performed across the site. Engineering analyses were performed from results of the field exploration and results of laboratory tests performed on representative samples. Also included are general comments pertaining to reasonably anticipated construction problems and recommendations concerning earthwork and quality control testing during construction. This information can be used to evaluate subsurface conditions and to aid in ascertaining construction meets project specifications. Recommendations provided in this report were developed from information obtained from the test borings depicting subsurface conditions only at the specific boring locations and at the particular time designated on the logs. Subsurface conditions at other locations may differ from those observed at the boring locations, and subsurface conditions at boring locations may vary at different times of the year. The scope of work may not fully define the variability of subsurface materials and conditions that are present on the site. The nature and extent of variations between the borings and other locations on site may not become evident until construction. If significant variations then appear evident, our office should be contacted to re-evaluate our recommendations after performing on -site observations and possibly other tests. 2.0 PROJECT CHARACTERISTICS It is proposed to reconstruct asphalt pavement after completion of drainage improvements to Keller Haslet Road, between Alta Vista Road and Vista Greens Drive in Fort Worth, Texas. A site plan illustrating the general outline of the site is provided as Figure 1, the Boring Location Plan, in the Appendix. At the time the field exploration was performed, the site was an asphalt paved street. We understand the street is classified as Residential Urban and will be constructed in accordance with the City of Fort Worth Pavement Design Manual (January 2015). We further understand final grades will be similar to existing grades, requiring cuts or fills of less than I ft. Boring 1 was drilled near the proposed pavement reconstruction area to obtain information for use in design of pavement sections. Boring 2 was drilled in the adjacent channel area to provide information regarding subsurface conditions in that area. ALPHA Report No. W 182816 2.1. FIELD EXPLORATION 92 Subsurface conditions on site were explored by drilling two (2) test borings to a depth of about 15 ft in general accordance with ASTM D 420. The approximate locations of the test borings are shown on Figure 1, the Boring Location Plan, enclosed in the Appendix. Details of drilling and sampling operations are briefly summarized in Methods of Field Exploration, Section A-1 of the Appendix. Subsurface types encountered during the field exploration are presented on the Log of Boring sheets included in the Appendix. The boring logs contain our Field Technician's and Engineer's interpretations of conditions believed to exist between actual samples retrieved. Therefore, the boring logs contain both factual and interpretive information. Lines delineating subsurface strata on the boring logs are approximate and the actual transition between strata may be gradual. 3.0 LABORATORY TESTS Selected samples of the subsurface materials were tested in the laboratory to evaluate their engineering properties as a basis in providing recommendations for pavement design and earthwork construction. The following laboratory tests were performed to facilitate pavement section recommendations: • Moisture Content (ASTM D 2216) • Atterberg-Limits (ASTM D 4318) • Percent Material Passing Sieve # 200 (ASTM D 422) • Sulfate Content (TX-145-E Part 11) A brief description of testing procedures used in the laboratory can be found in Methods of Laboratory Testing, Section B-1 of the Appendix. Individual test results are presented on the Log of Boring sheets or summary data sheets enclosed in the Appendix. 4.0 GENERAL SUBSURFACE CONDITIQNS Based on geological atlas maps available from the Bureau of Economic Geology, published by the University of Texas at Austin, the site lies within the Grayson Marl and Main Street Limestone formation, mapped as undivided. This formation generally consists of interbedded marl (limey shale) and Iimestone. Residual soils associated with this formation generally consist of clay soils with moderate to very high shrink -swell potential. Subsurface conditions encountered in the borings generally consisted of clay and shaly clay extending to the 15 ft termination depth of the borings. More detailed stratigraphic information is presented on the Log of Boring sheets attached to this report. Most of the materials encountered in the borings are considered relatively impermeable and are expected to have a relatively slow response to water movement. Therefore, several days of observation would be required to evaluate actual groundwater levels within the depths explored. Also, the groundwater level at the site is anticipated to fluctuate seasonally depending on the amount of rainfall, prevailing weather conditions and subsurface drainage characteristics. ALPHA Report No. W 182816 No free groundwater was encountered in the borings. However, it is common to detect seasonal groundwater from natural fractures in the clayey matrix, particularly during or after periods of precipitation. If more detailed groundwater information is required, monitoring wells or piezometers can be installed. Further details concerning subsurface materials and conditions encountered can be obtained from the Log of Boring sheets in the Appendix. 5.0 DESIGN RECOMMENDATIONS The following design recommendations were developed on the basis of the previously described Project Characteristics (Section 2.0) and General Subsurface Conditions (Section 5.0). If project criteria should change our office should conduct a review to determine if modifications to the recommendations are required. Further, it is recommended our office be provided with a copy of the final grading plans and specifications for review prior to construction. 5.1. Pavement Subgrade Preparation Assuming cuts or fills of less than 1 ft to achieve final pavement subgrade elevation, we expect the pavement subgrade could consist of clay soils or similar onsite materials used for grading the site. Since the subgrade conditions and required treatments could vary along the proposed road alignment, ALPHA should be retained to observe construction to verify conditions are as expected. Also, we should be provided with the final grading plan for review prior to construction to verify or modify in writing the recommendations contained in this report. Based on conditions encountered in the borings, the pavement could experience soil -related potential seasonal movements of about 5 inches. If this level of movement is not acceptable, our office should be contacted. Potential seasonal movements were estimated in general accordance with methods outlined by Texas Department of Transportation (TxDOT) Test Method Tex-124-E and engineering judgment and experience. Estimated movements were calculated assuming the moisture content of the in -situ soil within the normal zone of seasonal moisture content change varies between a "dry" condition and a "wet" condition as defined by Tex-124-E. Also, it was assumed a 1 psi surcharge load from the pavement acts on the subgrade soils. Movements exceeding our estimates could occur if positive drainage of surface water is not maintained or if soils are subject to an outside water source, such as leakage from a utility line or subsurface moisture migration from off -site locations. California Bearing Ratio (CBR) tests were not performed for this specific project, but our previous experience with similar soils indicates the CBR value for lime stabilized clays will be at least 10 whereas the CBR value for natural untreated clayey sand material could be about 2 to 3. A subgrade consisting of b inches of flexible base material is also estimated to have a CBR value of at least 10. 3 ALPHA Report No. W 182816 5.2. Subgrade Improvement Using Lime Stabilization The exposed clayey surface soils should be scarified to a depth of 6 inches and mixed with a minimum 30 lbs per sq yard of hydrated lime (by dry soil weight) in conformance with minimum TxDOT Standard Specifications Item 260. The recommended lime application rate is the minimum application rate determined by the City of Fort Worth. The results of a lime series test performed on a representative bulk clay sample are attached to this report (Figure 2). It is recommended lime stabilization procedures extend at least 1 ft beyond the edge of the pavement to reduce effects of seasonal shrinking and swelling upon the extreme edges of pavement. The soil -lime mixture should be compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 0 to 4 percentage points above the mixture's optimum moisture content. In all areas where hydrated lime is used to stabilize subgrade soil, routine Atterberg-limit tests should be performed to verify the resulting plasticity index of the soil -lime mixture is at/or below 15. Mechanical lime stabilization of the pavement subgrade soil will not prevent normal seasonal movement of the underlying untreated materials. Pavement and other flat work constructed within 1 ft of existing grade could experience soil -related potential seasonal movements of about 5 inches as discussed in Section 6.1. Good surface drainage and perimeter drainage with a minimum slope of 2 percent away from the pavement is recommended. Normal maintenance of pavement should be expected over the life of the structures. 5.2.1. Subgrade Improvement Using. Flexible Base Material Six (6) inches of flexible base material could be used in lieu of lime stabilization. FIexible should meet the requirements of TxDOT Standard Specifications Item 247, Type A, Grade 1-2. The flexible base should be compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 2 percentage points below to 2 percentage points above the material's optimum moisture content. Prior to placing the flexible base material, the exposed subgrade should be scarified to a depth of at least 6 inches and compacted to at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 0 to 4 percentage points above the material's optimum moisture content. 5-3. Asphalt Concrete Pavement Section The asphalt pavement section presented herein was calculated using the 1993 AASHTO pavement design procedures (WinPAS computer program distributed by American Concrete Pavement Association). Based on our experience with similar projects and requirements from the referenced Pavement Design Manual for the City of Fort Worth, the following design parameters were used in analyses of the asphalt concrete pavement section. 4 ALPHA Report No. W 182816 Reliability Standard Deviation Soil Resilient Modulus* Initial PSI Terminal PSI 85 percent 0.45 15,000 (psi), CBR=10 4.2 2.0 *Lime treated subgrade or flexible base subgrade prepared as recommended in Section 6.1.1 or Section 6.1.2. Using the Street Classification of "Residential -Urban" as described in the referenced port Worth Pavement Design Guide, it is estimated annual traffic volume will be about 35,000 Equivalent Single Axle Loads (ESALs) in one direction over a 25-year design life with 0.5 percent annual traffic growth. Based on this, we estimate the cumulative ESALs over the design life of the Residential Urban street pavement to be about 930,000. Based on the estimated traffic volume and design criteria for the subject street, the required structural number (SN) for the flexible pavement section supported on a time treated or flexible base subgrade is 2.47. Based on the referenced Pavement Design Manual for the City of Fort Worth, a structural coefficient of 0.44 was used for Type D asphalt surface course (TxDOT Standard Specification Item 340) and 0.41 for Type B asphalt base course (TxDOT Standard Specification Item 340). Table A contains the recommended flexible pavement section for the 25-year design period. TABLE A Minifuum Pavement Section for 25-Year Design Period Minimum Stru*laraI layer Layer Ma[erial layer C oefll�clenl Structural Thickness in Numher Type D Asphalt Surface Course 2 0.44 0.88 Type B Asphalt Base Course 4 0.41 1.64 Subgrade I --- --- --- Cumulative Structural Number 2.52 Minimum Required Structural Number for 25-year Design 2.47 Lime stabilized subgrade as recommended in Section 6.I.1 or flexible base as recommended in Section 6.1.2. ALPHA Report No. W 182816 #k 5.4. Soluble Sulfates One (1) sample obtained from Boring I was tested for soluble sulfate concentrations. Results of the laboratory testing (TxDOT Test Method TEX-145-E Part I1) are provided in Table B. TABLE B ."-W able Sulfates Boring Depth, r _ 1YiateriA, Soluble &d te, mg/Kg No. ft �yAa` f. pal 1 2-4 Brown Clay 80 Based on the results of laboratory testing, the soluble sulfate content measured in the sample tested is considered relatively low (<3,000 ppm). It should be noted that concentrations of soluble sulfates in soil are typically very localized and concentrations in other areas of the site could vary significantly. Therefore, it is recommended sulfate sampling/testing be performed during construction. During construction experienced geotechnical personnel should make close observations for possible sulfate reactions. 5.5. Drainage Considerations Adequate drainage should be provided to reduce seasonal variations in the moisture content of subgrade soils. Final grades within 10 ft of the pavement should be adjusted to slope away from the pavement at a minimum slope of 2 percent or a suitable storm sewer should be in place to remove surface water. Maintaining positive surface drainage throughout the life of the pavement is essential. 6.0 GENERAL CONSTRUCTION PROCEDURES AND RECOMMENDATIONS Variations in subsurface conditions could be encountered during construction. To permit correlation between test boring data and actual subsurface conditions encountered during construction, it is recommended a registered Professional Engineering firm be retained to observe construction procedures and materials. Some construction problems, particularly degree or magnitude, cannot be anticipated until the course of construction. The recommendations offered in the following paragraphs are intended not to limit or preclude other conceivable solutions, but rather to provide our observations based on our experience and understanding of the project characteristics and subsurface conditions encountered in the borings. 63 Site Preparation and Grading All areas supporting the pavement and areas to receive new fill (if any) should be properly prepared. ALPHA Report No. W 182816 After completion of the necessary stripping, clearing, and excavating and prior to placing any required fill, the exposed subgrade should be carefully evaluated by probing and testing. Any undesirable material (debris, organic material, wet, soft, or loose soil) still in place should be removed. The exposed subgrade should be further evaluated by proof -roiling with a heavy pneumatic tired roller, loaded dump truck or similar equipment weighing approximately 25 tons to check for pockets of soft or loose material hidden beneath a thin crust of possibly better soil. Proof -rolling procedures should be observed routinely by a Professional Engineer, or his designated representative. Unsuitable subgrade exposed during the proof -roll should be removed and replaced with well -compacted material as outlined in Section 7.2. Prior to placement of any fill, the exposed subgrade should then be scarified to a minimum depth of 6 inches and re -compacted as outlined in Section 7.2. If fill is to be placed on existing slopes (natural or constructed) steeper than six horizontal to one vertical (6:1), the fill materials should be benched into the existing slopes in such a manner as to provide a minimum bench -key width of five (5) feet. This should provide a good contact between the existing soils and new fill materials, reduce potential sliding planes, and allow relatively horizontal lift placements. Even if fill is properly compacted as recommended below, fills in excess of about 10 ft are still subject to settlements over time of up to about 1 to 2 percent of the total fill thickness. This should be considered when designing utility lines under pavement. Slope stability analysis of embankments (natural or constructed) was not within the scope of this study. The contractor is responsible for designing any excavation slopes, temporary sheeting or shoring. Design of these structures should include any imposed surface surcharges. Construction site safety is the sole responsibility of the contractor, who shall also be solely responsible for the means, methods and sequencing of construction operations. The contractor should also be aware that slope height, slope inclination or excavation depths (including utility trench excavations) should in no case exceed those specified in local, state and/or federal safety regulations, such as OSHA Health and Safety Standard for Excavations, 29 CFR Part 1926, or successor regulations. Stockpiles should be place well away from the edge of the excavation and their heights should be controlled so they do not surcharge the sides of the excavation. Surface drainage should be carefully controlled to prevent flow of water over the slopes and/or into the excavations. Construction slopes should be closely observed for signs of mass movement, including tension cracks near the crest or bulging at the toe. If potential stability problems are observed, a geotechnicai engineer should be contacted immediately. Shoring, bracing or underpinning required for the project (if any) should be designed by a professional engineer registered in the State of Texas. ALPHA Report No. W 182816 Due to the nature of the clay soils found near the surface at the borings, traffic of heavy equipment (including heavy compaction equipment) may create pumping and general deterioration of shallow soils. Therefore, some construction difficulties should be anticipated during periods when these soils are saturated. 6.2. Fill Compaction The following recommendations pertain to general fill compaction. The final pavement subgrade should be compacted as recommended in Section 6.1. Clay soils with a plasticity index of 25 or higher should be compacted to a dry density of at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 2 to 3 percentage points above the material's optimum moisture content. Clay soils with a plasticity index less than 25 should be compacted to a dry density of at least 95 percent of standard Proctor maximum dry density (ASTM D 698) and within the range of 1 percentage point below to 3 percentage points above the material's optimum moisture content. Clayey materials used as fill should be processed and the largest particle or clod should be less than 6 inches prior to compaction. In cases where either mass fills or utility lines are more than 10 ft deep, the fill/backfill below 10 ft should be compacted to at least 98 percent of standard Proctor maximum dry density (ASTM D 698) and within 2 percentage points of the material's optimum moisture content. The portion of the fill/backfill shallower than 10 ft should be compacted as outlined above. Compaction should be accomplished by placing fill in about 8-inch thick loose lifts and compacting each lift to at least the specified minimum dry density. Field density and moisture content tests should be performed on each lift. 6.3. Groundwater Groundwater was not encountered in the borings. However, based on our experience with similar soils, seasonal groundwater seepage could be encountered in excavations for pavement, utility conduits and other general excavations at this site. The risk of encountering seepage increases with the depth of excavation and during or after periods of precipitation. Standard sump pits and pumping may be adequate to control minor seepage on a local basis in relatively shallow excavations. In any areas where cuts are made, attention should be given to possible seasonal water seepage that could occur through natural cracks and fissures in the newly exposed stratigraphy. In these areas, subsurface drains may be required to intercept seasonal groundwater seepage. The need for these or other de -watering devices should be carefully addressed during construction. Our office could be contacted to visually observe the final grades to evaluate the need for such drains. ALPHA Report No. W 182816 7.0 LIMITATIONS d Professional services provided in this geotechnical exploration were performed, findings obtained, and recommendations prepared in accordance with generally accepted geotechnical engineering principles and practices. The scope of services provided herein does not include an environmental assessment of the site or investigation for the presence or absence of hazardous materials in the soil, surface water or groundwater. ALPHA, upon written request, can be retained to provide same. ALPHA TESTING, INC. is not responsible for conclusions, opinions or recommendations made by others based on this data. Information contained in this report is intended for the exclusive use of the Client (and their designated design representatives), and is related solely to design of the specific structures outlined in Section 2.0. No party other than the Client (and their designated design representatives) shall use or rely upon this report in any manner whatsoever unless such party shall have obtained ALPHA's written acceptance of such intended use. Any such third party using this report after obtaining ALPHA's written acceptance shall be bound by the limitations and limitations of liability contained herein, including ALPHA's liability being limited to the fee paid to it for this report. Recommendations presented in this report should not be used for design of any other structures except those specifically described in this report. In all areas of this report in which ALPHA may provide additional services in requested to do so in writing, it is presumed that such requests have not been made if not evidenced by a written document accepted by ALPHA. Further, subsurface conditions can change with passage of time. Recommendations contained herein are not considered applicable for an extended period of time after the completion date of this report. It is recommended our office be contacted for a review of the contents of this report for construction commencing more than one (1) year after completion of this report. Non-compliance with any of these requirements by the Client or anyone else shall release ALPHA from any liability resulting from the use of, or reliance upon, this report. Recommendations provided in this report are based on our understanding of information provided by the Client about characteristics of the project. If the Client notes any deviation from the facts about project characteristics, our office should be contacted immediately since this may materially alter the recommendations. Further, ALPHA TESTING, INC. is not responsible for damages resulting from workmanship of designers or contractors and it is recommended the Owner retain qualified personnel, such as a Geotechnical Engineering firm, to verify construction is performed in accordance with plans and specifications. 9 ALPHA Report No. W 182816 A-1 METHODS OF FIELD EXPLORATION Using standard rotary drilling equipment, a two (2) test borings were performed for this geotechnical exploration at the approximate locations shown on the Boring Location Plan, Figure 1. The test boring locations were selected by the Client and adjusted by ALPHA to avoid conflicts with utilities. The borings were staked by using a handheld GPS unit or pacing/taping and estimating right angles from landmarks which could be identified in the field and as shown on the site plan provided during this study. The locations of the test borings shown on the Boring Location Plan are considered accurate only to the degree implied by the method used to locate them. Relatively undisturbed samples of the cohesive subsurface materials were obtained by hydraulically pressing 3-inch O.D. thin -wall sampling tubes into the underlying soils at a depth of about 1 ft (ASTM D 1587). The samples were removed from the sampling tubes in the field and evaluated visually. One representative portion of the sample was sealed in a plastic bag for use in future visual evaluation and possible testing in the laboratory. The boring logs are included in the Appendix. The logs show visual descriptions of subsurface strata encountered using the Unified Soil Classification System. Sampling information, pertinent field data, and field observations are also included. Samples not consumed by testing will be retained in our laboratory for at least 14 days and then discarded unless the Client requests otherwise. O �M1 O r z -' ........... ALI-� _AE ALPHA Report No. W 182816 R-1 METHODS OF LABORATORY TESTING Representative samples were evaluated and classified by a qualified member of the Geotechnical Division and the boring logs were edited as necessary. To aid in classifying the subsurface materials and to determine the general engineering characteristics, natural moisture content tests (ASTM D 2216), Atterberg-limit tests (ASTM D 4318), percent material passing sieve #200 (ASTM D 422) and dry unit weight determinations were performed on selected samples. In addition, unconfined compression tests (ASTM D 2166) and pocket -penetrometer tests were conducted on selected soil samples to evaluate soil shear strength. Results of the laboratory tests described above are provided on the Log of Boring sheet. A lime series test was also performed on a composite sample of soils retrieved from the upper 4 ft of the boring. Results of the lime series test are shown as Figure 2. I ALPMA #AJESTING WHERE 17 ALL BEGINS Geotechnical d Construction Materials A Environmental a TBPF Firm No. 813 REPORT OF MECHANICAL LIME SERIES RESULTS Project No: W182816 I Date: 10/30/18 % Lime 0% 2% 4% 6% 8% PI 44 22 17 14 12 70 65 60 55 50 45 40 E 35 30 25 20 15 10 5 0 . I . I - . . . . . . . . . . . . . . . . . . 11 0% 1% 2% 3% 4% 5% 6% 7% 8% 9% 10% 11% 12% 13% 14% 15% Percent Dry Weight of Lime FIGURE 2 nPAS Pavement Thickness Design According to 1993 AASHTO Guide for Design of Pavements Structures American Concrete Pavement Association Flexible Design Inputs Project Name: Asphalt Pavement Reconstruction Route: Keller Haslet Road Location: Fort Worth Owner/Agency: City of Fort Worth Design Engineer: Flexible Pavement Design/Evaluation Structural Number 2.47 Subgrade Resilient Modulus 15,000.00 psi Total Flexible ESALs 930,000 Initial Serviceability 4.20 Reliability 85.00 percent Terminal Serviceability 2.00 Overall Standard Deviation 0.45 Layer Pavement Design/Evaluation Layer Layer Drainage Layer Layer Material Coefficient Coefficient Thickness SN Asphalt Cement Concrete 0.44 1.00 2.00 0.88 Asphalt Cement Concrete 0.41 1.00 4.00 1,64 T771 2.52 Tuesday, January 23, 2018 9:30:32AM Engineer: 5058 Brush Creek Rd Fail Worth, Texas BORING NO.; A IPH A 'L #NtTESTING 76119 Sheet 1 of' Phone: 817-496-5600 N PROJECT O.: W 182816 WHERE [ ALL fl 1 5i Fax: 817-496-5608 www.alphatesfing.com Client:_ _ _ Neel -Schaffer, Inc. Location: Fort Worth Texas Project: Keller Haslet Road Culvert and Channel Surface Elevation: Start Date: 10/22/2018 End Date: 10I2212018 West: Drilling Method: CONTINUOUS FLIGHT AUGER Nosfh: Hammer Drop (Ibs 1 in): GROUND WATER OBSERVATIONS °` E C ' . E.q- a a J SZ On Rods (ft): NONE --`�- J Y � AfteCL r Drilling (ft): DRY c a m 2$ ? a a` v 2- Q �° After Hours (ft): ° ° ; a N o V c U 7O C7 coa: X aci ra a $ cq 0 y° a a MATERIAL. DESCRIPTION Brown CLAY 0.5 0.9 91 37 64 21 43 1.25 0.8 96 27 46 19 27 5 1.6 27 2.75 19 8.0 Tan SHALY CLAY 3.0 27 62 20 42 10 4.5+ 22 15 15.0 TEST BORING TERMINATED AT 15 FT 5058 Brush Creek Rd. I� L P H A �T 13 T I � G Fort Worth, Teras BORING NO.: 2 ,� 76119 Sheet 1 of 1 Phone: 817-496-5600 PROJECT NO.: W182816 WHERE I "f' ALL (3 E G 1 �9 Fax: 817-496-5608 www. alphatesting. com Client: Neel -Schaffer, Inc. Location: Fort Worth, Texas Project: Keller Haslet Road Culvert and Channel SurFace Elevation: Start Date: 10122/2018 End Date: 10/22/2018 West: Drilling Method:_ _. CONTINUOUS FLIGHT AUGER North: Hammer Drop (Ibs 1 in): GROUND WATER OBSERVATIONS p C d a SZ Dn Rods (ft): NONE H o a U c a E D E s t After Drilling (ft): DRY U ECL a Z V o 2-1 2 - After Hours (ft): E c� o m a s �' a a ` z i a MATERIAL DESCRIPTION Brown CLAY with gravel 1.0 33 2.5 1.0 115 28 72 23 49 4.0 Tan CLAY 5 2.25 19 46 16 30 6.0 Tan SHALY CLAY 2.0 78 22 48 15 33 4.25 24 10 13.0 Dario Gray SHALY CLAY 4.5+ 21 fit 23 38 15 15.0 TEST BORING TERMINATED AT 15 FT ALPHA #XTEST11N@KEY TO SOIL SYMBOLS WHERE IT ALL BEGINS AND CLASSIFICATIONS SOIL & ROCK SYMBOLS RELATIVE DENSITY OF COHESIONLESS SOILS (blows/ft00 VA (CH), High Plasticity CLAY VERY LOOSE 0 TO 4 ® (CL), Low Plasticity CLAY LOOSE 5 TO 10 MEDIUM 11 TO 30 (SC), CLAYEY SAND DENSE 31 TO 50 VERY DENSE OVER 50 (SP), Poorly Graded SAND (SW), Well Graded SAND SHEAR STRENGTH OF COHESIVE SOILS (tsf) (SM), SILTY SAND VERY SOFT LESS THAN 0.25 SOFT 0.25 TO 0.50 ® (ML), SILT FIRM 0.50 TO 1.00 STIFF 1.00 TO 2.00 ® (MH), Elastic SILT VERY STIFF 2.00 TO 4,00 HARD OVER 4.00 ® LIMESTONE ® SHALE / MARL RELATIVE DEGREE OF PLASTICITY (PI) LOW 4 TO 15 SANDSTONE MEDIUM 16 TO 25 HIGH 26 TO 35 ® (GP), Poorly Graded GRAVEL VERY HIGH OVER 35 (GW), Well Graded GRAVEL (GC), CLAYEY GRAVEL RELATIVE PROPORTIONS (GM), SILTY GRAVEL (OL), ORGANIC SILT TRACE 1 TO 10 LITTLE 11 TO 20 SOME 21 TO 35 (OH), ORGANIC CLAY AND 36 TO 50 SAMPLING SYMBOLS PARTICLE SIZE IDENTIFICATION (DIAMETER) SHELBY TUBE (3" OD except where BOULDERS 8.0" OR LARGER ® noted otherwise) SPLIT SPOON (2" OD except where COBBLES COARSE GRAVEL 3.0" TO 8.01, 0.75" TO 3.0" noted otherwise) AUGER SAMPLE FINE GRAVEL COURSE SAND 5.0 mm TO 3.0" 2.0 mm TO 5.0 mm LLL���ssJJJ ® TEXAS CONE PENETRATION MEDIUM SAND FINE SAND 0.4 mm TO 5.0 mm 0.07 mm TO 0.4 mm I■ ■ ROCK CORE (2" ID except where SILT CLAY 0.002 mm TO 0.07 mm LESS THAN 0.002 mm IILL�� noted otherwise) Appendix C 404 Permit CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 DEPARTMENT OF THE ARltfttY U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT P. O. BOX 17300 FORT WORTH, TEXAS 76102-0300 r ' rn May 28, 2019 Regulatory Division SUBJECT: Project Number SWF-2018-00472, Keller Haslet Road Drainage Improvements Mr. Mike Bennett City of Fort Worth 200 Texas Street Fort Worth, Texas 76102 Dear Mr. Bennett: This letter is in regard to information received on April 17, 2019, and subsequent submittal received on May 15, 2019, concerning a proposal by the City of Fort Worth to replace and expand an existing culvert under Keller Haslet Road located in Fort Worth, Tarrant County, Texas. This project has been assigned Project Number SWF-2018--00472. Please include this number in all future correspondence concerning this project. Under Section 404 of the Clean Water Act the U.S. Army Corps of Engineers (USAGE) regulates the discharge of dredged and fill material into waters of the United States, including wetlands. USACE responsibility under Section 10 of the Rivers and Harbors Act of 1899 is to regulate any work in, or affecting, navigable waters of the United States. Based on the description of the proposed work, and other information available to us, we have determined this project will involve activities subject to the requirements of Section 404. We have reviewed this project under the pre -construction notification procedures of Nationwide Permit General Condition 32 (Federal Register, Vol. 82, No. 4, Friday, January 6, 2017). We have determined the discharge of dredged or fill materials into waters of the United States associated with this project is authorized by both Nationwide Permit 43 for Stormwater Management Facilities and by Nationwide Permit 14 for Linear Transportation Projects. To use this permit, the permittee must ensure the work is in compliance with the specifications and conditions listed on the enclosures and the special conditions listed below. Additionally, all activities must comply with the water quality certification conditions of the Texas Commission on Environmental Quality (TCEQ) located at http://Www.swf. usace.army. m it/Portals/47/Users/053/21 /821 /NWP%202017%2OTexas%20401 c ert.pdf. The special condition(s) are as follows: 1. The permittee shall debit 0.4 credits from the Bunker Sands Mitigation Bank in compliance with the provisions of the "Mitigation Banking Instrument, Bunker Sands Mitigation Bank, Kaufman County, Texas," dated April 30, 2008. This debit shall compensate off -site for unavoidable adverse project impacts that would not be compensated for by on -site mitigation. The permittee shall complete the mitigation bank transaction and provide documentation to the USACE that the transaction has occurred prior to commencing any ground -disturbing activity within waters of the United States. -2- 2. The permittee shall distinctly mark and fence the limits of clearing and construction for the project in the field. Steel cable, with prominent flagging, or similar methods, may be used in lieu of fencing. Markers and fencing may be removed after construction is completed. 3. T"he permittee shall conduct a meeting with the construction contractor(s) detailing the terms and conditions of this permit prior to commencing construction activities of the project. The permittee shall notify the Regulatory Division, Fort Worth District, U.S. Army Corps of Engineers (USACE) of the preconstruction contractor meeting at least two weeks in advance of the meeting. Within two weeks following the meeting, the permittee shall provide written confirmation to the USACE that the meeting was held. 4, The permittee shall submit a set of half-size (11 inch by 17 inch) as -built drawings of the maintenance work conducted on the mitigation area under this permit within six months of completion of construction of that portion of the project. Failure to comply with these specifications and conditions invalidates the authorization and may result in a violation of the Clean Water Act. Our verification for the construction of this activity under this nationwide permit is valid until March 18, 2022, unless prior to that date the nationwide permit is suspended, revoked, or modified such that the activity would no longer comply with the terms and conditions of the nationwide permit on a regional or national basis. The USACE will issue a public notice announcing the changes when they occur. Furthermore, activities that have commenced, or are under contract to commence, in reliance on a nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification, or revocation, unless discretionary authority has been exercised on a case -by - case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e) and 33 CFR 330.5(c) or (d). Continued confirmation that an activity complies with the specifications and conditions, and any changes to the nationwide permit, is the responsibility of the permittee. Our review of this project also addressed its effects on threatened and endangered species. Based on the information provided, we have determined this project will not affect any species listed as threatened or endangered by the U.S. Fish and Wildlife Service within our permit area. However, please note you are responsible for meeting the requirements of General Condition 18 on endangered species. The permittee must sign and submit to us the enclosed certification that the work, including any proposed mitigation, was completed in compliance with the nationwide permit. The permittee should submit the certification within 30 days of the completion of work. This permit 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 any purpose intended. It does not authorize any damages to private property, invasion of private rights., or any infringement of federal, state, or local laws or regulations. Thank you for your interest in our nation's water resources. If you have any questions concerning our regulatory program, please refer to our website at -3� http://www.swf.usace,army.mil/Missions/Regulatory or contact Ms. Hannah Halydier at the address above or telephone (817) 886-1745. Please help the regulatory program improve its service by completing the survey on the following website: http://corpsmapu.usace.army.mil/cm_apextf?p=regulatory_survey Sincerely, Stephen L Brooks Chief, Regulatory Division Enclosure Copy Furnished: Mr. Ross Rogers Integrated Environmental Solutions, LI_C 610 Elm St, Suite 300 McKinney, Texas 75069 PERMIT COMPLIANCE CERTIFICATION U.S. Army Corps of Engineers Project Number. SWF-2019-00472, Keller Haslet Road Drainage Name of Permittee: City of Fort Worth Improvements Date of Issuance: May 28, 2019 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: Regulatory Division CI SWF-DE-R U.S. Army Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300 Please note that your permitted activity is subject to a compliance inspection by a U.S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit was completed in accordance with the terms and conditions of the said permit, and eequired rnitigation was completed in accordance with the permit conditions. Signature of Permittee -- Date- Appendix D Wage bates CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION (DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator, 50,000 pounds or less $ 17.19 Excavator Operator, Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter, Structures $ 13.84 Form Setter, Paving & Curb $ 13.16 Foundation Drill Operator, Crawler Mounted $ 17.99 Foundation Drill Operator, Truck Mounted $ 21.07 Front End Loader Operator, 3 CY or Less $ 13.69 Front End Loader Operator, Over 3 CY $ 14.72 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator, Fine Grade $ 17.19 Motor Grader Operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator, Asphalt $ 13.08 Roller Operator, Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy -Float $ 16.24 Truck Driver Tra nsit- Mix $ 14.14 Truck Driver, Single Axle $ 12.31 Truck Driver, Single or Tandem Axle Dump Truck $ 12.62 Truck Driver, Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work zone Barricade Servicer $ 11.68 The Davis -Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. Page 1 of 1 Appendix E City ®f Fort Worth Water Department Standard Product List CITY OF FORT WORTH Keller Haslet Road Culvert STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 101492 Revised July 1, 2011 Ot RT WORTHO CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT MST Updated: April 12, 2019 The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. Table of Content (Click on items to go directly to the page) Items Page A. Water & Sewer 1. Manholes & Bases/Components........................................................... 1 2. Manholes & Bases/Fiberglass............................................................... 2 3. Manholes & Bases/Frames & Covers/Rectangular ............................... 3 4. Manholes & Bases/Frames & Covers/Round....................................... 4 5. Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight .. 5 6. Manholes & Bases/Precast Concrete .................................................... 6 7. Manholes & Bases/Rehab Systems/Cementitious................................ 7 8. Manholes & Bases/Rehab Systems/NonCementitious ......................... 8 9. Manhole Insert (Field Operations Use Only) ........................................ 9 10. Pipe Casing Spacer............................................................................... 10 11. Pipes/Ductile Iron................................................................................. 11 12. Utility Line Marker............................................................................... 12 B. Sewer 13. Coatings/Epoxy..................................................................................... 13 14. Coatings/Polyurethane.......................................................................... 14 15. Combination Air Valves....................................................................... 15 16. Pipes/Concrete...................................................................................... 16 17. Pipe Enlargement System (Method) ..................................................... 17 18. Pipes/Fiberglass Reinforced Pipe ......................................................... 18 19. Pipes/HDPE.......................................................................................... 19 20. Pipes/PVC (Pressure Sewer)................................................................. 20 21. Pipes/PVC*........................................................................................... 21 22. Pipes/Rehab/CIPP................................................................................. 22 23. Pipes/Rehab/Fold & Form.................................................................... 23 24. Pipes/Open Profile Large Diameter...................................................... 24 C. Water 25. Appurtenances....................................................................................... 25 26. Bolts, Nuts, and Gaskets....................................................................... 26 27. Combination Air Release Valve........................................................... 27 28. Dry Barrel Fire Hydrants...................................................................... 28 29. Meters................................................................................................... 29 30. Pipes/PVC (Pressure Water)................................................................. 30 31. Pipes/Valves & Fittings/Ductile Iron Fittings ....................................... 31 32. Pipes/Valves & Fittings/Resilient Seated Gate Valve .......................... 32 33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33 34. Polyethylene Encasement..................................................................... 34 35. Sampling Stations................................................................................. 35 ol h r ® PQ V � E f A i v 4 -A p O 66 N N M M M M N N N N N M M � M M1�o Z 0 0 0 o 0 M r0 d Q w o .. ° w 72 �r. 'n s m g M A yp+ qp pp � -� z z z z w Z h � h H Fn �"• 'n V] w 4 * O U s ,s E d dd Q V4' 47 Ubb U �O U V L% V u u U u l� loywy m a� �jpyLy N W �4py�y1 � � � � � OG 0'i Y5 W Fi N N R W D 0 .R -2 0 O -R -2 O O O O tOn tO�s tOn M M M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y c•f M m m G r/1 LE In )/R)) 55�55\ k \ }} �� # } ) 7 | \ \ 2 � � \ � § ) � 7 § � $ f ( lLj ,j 4 � k $ ,2/IIIii §aaa�a� § ,f§§§7\\ \ A ® ® ;99 ot - ) / ) . - \ : \ | ! §$— � � J§/ �§> k ,| #a . 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