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Contract 54749
TY p F 1 OR T WOUH CONTRACT cr FOR THE CONSTRUCTION OF SANITARY SEWER REHABILITATION CONTRACT 90 - PART 1 City Project No. 02382 Betsy Price David Cooke Mayor City Manager Chris Harder, PE Director, Water Department William Johnson Director, 'transportation and Public Works Department Prepared for The City of Fort Worth Water Department Jane 2020 I�azen Ld Hb{peffs lit 9Fi .f�� �/ifA<M19./A lle Firm Registrai Fort Wort 817--8 FoRTWORTH. ity of Fort Worth _ Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 7 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders COIVD-19 REVISION 04/06/2020 0021 13 Instructions to Bidders 03/09/2020 nnFingiffeer-n��'v-n-z /20 cu nn2ftjLet0:7 ran rho 0035 13 Conflict of Interest Statement 02/24/2020 0041 00 Bid Form 03/09/2020 00 42 43 Proposal Form Unit Price 01/20/2012 00 43 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 00 45 11 Bidders Pre ualification's 07/01/2011 00 45 12 Prequalification Statement 07/01/2011 0045 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Minorj_q Business Enterprise Goal COVID-19 REVISION 200406 06/09/2015 nnvv-i sii W0-5 00 52 43 A eement 09/06/2019 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/09/2020 00 73 00 Supplementag Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Fro ess Schedule 07/01/2011 01 3233 Preconstruction Video 07/01/2011 01 3300 Submittals 12/20/2012 0135 13 Special Project Procedures 12/20/2012 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 0158 13 Temporary Project Si a e 07/01/2011 01 6000 Product Requirements 03/09/2020 01 6600 Product Stora a and Handling Requirements 07/01/2011 01 70 00 Mobilization and RemobiIization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 0177 19 Closeout Requirements 07/01/2011 01 78 23 O aration and Maintenance Data 12/20/2012 01 7839 Project Record Documents 07/01/2011 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents None Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httt): //fortworthtexas.gov/tpw/contractors/ or https:fapps.fortworthtexas.eov/ProiectResources/ Division 02 - F.xistinQ C'.onditians LAef RPViQPd 0241 13 Selective Site Demolition 12/20/2012 0241 14 Utili Removal/Abandonment 12/20/2012 0241 15 Paving Removal 02/02/2016 Division 03 - C anerete 03 30 00 Cast -In -Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material CLSM 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 0-"tl8 i'119-e-i.QOQ iz Division 26 - Electrical Divicinn 31 - Earthwork 31 1000 Site Clearing 12/20/2012 3123 16 Unclassified Excavation 01/28/2013 94-23-B Beffew n, r4 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 34- - Gabions 12120/2012 Division 32 - Exterior 1mnrnvementc 3201 17 Permanent Asphalt Paving Repair 12/20/2012 3201 18 Temp= Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 CITY OF FORT WORTH Sanitary Server Rehabilitation Contract 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 7 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 3211 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 3213 13 Concrete Paving 12/20/2012 32 13 20 Concrete ,Sidewalks, Driveways and Barrier Free Rams 06/05/2018 32 13 73 Concrete Paving Joint Sealants 12/20/2012 3214 6 Y 2, Q 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 17 23 Pavement Markings 11 /22/2013 32 17 25 Curb Address Paintin 11/04/2013 3231 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast -in -Place Concrete Retaining Walls 06/05/2018 3291 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 H dro-Mulchin , Seeding, and Sodding 12/20/2012 29343 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testin 12/20/2012 33 01 31 Closed Circuit Television CCTV Inspection 03/03/2016 3303 10 B ass Pumping of Existing Sewer Systems 12/20/2012 33 04-10 joint Beading and Eleetfi�! 1sela-fieff 44-2 3304 It -O „ r �-tFel T-0 c+.,,.e 424OA20472 33-04-1 Y �1 Mrzrtml�^� rs 33 04 30 Temporary Water Services 07/01/2011 33 04 40 CleaniLig and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 Utility Trench Excavation, Embedment and Backfill 12/12/2016 33 05 12 Water Line Lowering_12/20/2012 3305 13 Frame, Cover and Grade Rings Cast Iron 01/22/2016 3305 13.10 Frame, Cover and Grade Rings — Composite 01/22/2016 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 12/20/2012 33-05 16 Co e«ete[xT.,te, t7 ,,,1f t f!1!Y 7�z 3305 17 Concrete Collars 12/20/2012 330520 Y 2 Y)z 40/2 4-2 33 05 4 T—Ha el Liner Plate !'1— nl�z 33 05 22 Steel Casing Pie 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 1105 Bolts, Nuts and Gaskets 12/20/2012 33 11 10 Ductile Iron Pie 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 CITY OF FORT WORTH Sanitary SewerRehabiiitation Contract 90 — Part i STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 7 33 11 12 Pol n 1 Chloride PVC Pressure Pie 11/16/2018 33444-3 !;I,� Q,�2 334444 giifie Stool n'rj#ifigs �z 33 1210 Water Services 1-inch to 2-inch 02/14/2017 33 12 20 Resilient Seated Gate Valve 12/20/2012 2,,-,z 33 1225 Connection to Existing Water Mains 02/06/2013 3 9 "�2812 33 1240 Fire Hydrants 01/03/2014 3342-69 06 W2044 33-31-Q Q, 0/201a 22 L2t fi 3331 15 High Density Polyethylene HDPE Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyt Chloride PVC Gravity Sanitary Sewer Pie 06/19/2013 S•2 ] 2• f SY�L y T"t Chloride 7 � lei • vir ri..�i (c 99-34-2-2 Smitafy Sowef Slip binmg y rz 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 3331 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33-34-7-9 , 2,r,i 33 39 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33-3949 Fiberglass ManhoLas ,, , 12 33- X) 48 424042012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33-4141 , 2,i 33- 41- 44 , , „�4-5 33-4� A9944miff age 12/20/2044 22 n71n��i 33 49 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 1 Curb and Drop Inlets 12/20/2012 2 294E�fmn�,nr Division 34 - Transportation 3 n , n,y 4 34n n-." n#f"'€4�-Cabinet n n12A#aebniefA B GentFollNlv=rzv � n .�A#aehfnent 2 n l'rrr�/ivia M -41-43 j2Q0;Qw 344446 a , rn�n 2/-2 n y ran r2049 34- t i Merial LED Readvo&y Luminair-es-06-'-A I - CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 —Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECUUtCATION DOCUMENTS Page 5 of 7 34 4120.02 064-5 Zit 4120.03 Roadwayn�trcr � 0 34 4150 A ibef optie Cablemin 3471 13 Traffic Control 11/22/2013 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 7 Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC4.04 UadeFgeuad €aeili ie GG 4.06 14amaF&us Em4r-ep ien4a Coed fie at -cite GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 City ®f Fort Worth, Texas Mayor ani Camo-nunica'j'an DATE: Tuesday, September 22, 2020 REFERENCE NO.: **M&C 20-0704 LAG NAME: 6OSS90P1-CIRCLEC SUBJECT: (CD 5 and CD 8) Authorize Execution of a Contract with William J. Schultz, Inc. dba Circle C Construction, in the Amount of $1,897,659.00 for the Sanitary Sewer Rehabilitation Contract 90, Part 1 Project and Adopt Appropriation Ordinance RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a contract with William J. Schultz, Inc. dba Circle C Construction, in the amount of $1,897,659.00 for Sanitary Sewer Rehabilitation Contract 90, Part 1; and 2. Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $2,280,074.00 for the Sanitary Sewer Rehabilitation Contract 90, Part 1 (City Project No. CO2382) transferred from available funds within the Water and Sewer Fund. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize a construction contract for the replacement or rehabilitation of the deteriorated sanitary sewer mains on the following streets, alleys and easements: Street From To Meadowbrook Lancaster Tierney Road Drive Avenue Lancaster Avenue ITierney Road 1700 feet east Alley between Beaty Street and Grandview Drive Stark Street East Lancaster Avenue Alley Between Meadowbrook Tierney Road 500 feet west Drive and Morris Avenue Easement between South Erie East Rosedale East Lancaster Street and East Loop 820 Street Avenue Easement between Jewell Grandview Drive Weiler Boulevard Avenue and Hightower Street Easement between San Jose Jewell Avenue Meadowbrook Drive and Weiler Boulevard Drive Easement between Forest Avenue and South Handley Hart Street East Rosedale Street Drive Easement between Grandview Greenlee Street JF750 feet south Drive and Weiler Boulevard Easement between Van Natta [Grandview Drive Weiler Boulevard Lane and Beaty Street IEasement north of Rosedale South Erie 1[400 feet west Street Street The Sanitary sewer component of this project is part of the Sanitary Sewer Overflow Initiative Program. The project was advertised for bid on July 9, 2020 and July 16, 2020 in the Fort Worth Star -Telegram. On August 13, 2020, the following bids were received: Bidder William J. Schultz, Inc. dba Circle C Construction Western Municipal Construction of Texas, LLC Amount $1, 897, 659 00 $2 760,955.00 11 Time of Completion 420 Calendar Days R&D Burns Brothers, Inc. J$3,030,075.00 FNH Construction LLC $3,056,388.00 Jackson Construction LLC—]1$3,610,498.0011 Gra-Tex Utilities, Inc. $5,677,001.00 In addition to the contract amount, $287,532.00 (Sewer: $218,907.00; Water: $68,625.00) is required for project management, material testing and inspection and $94,883.00 (Sewer: $73,098.00; Water: $21,785.00) is provided for project contingencies. This project will have no impact on the Water Department's operating budget when completed. Due to insufficient funds remaining in the Water Pay -As - You Go allocation for FY2020, Sewer funding is being used to fund the Water Construction Cost required in this M&C. Appropriations for Sanitary Sewer Rehabilitation Contract 90, Part 1, are as depicted below: --] Fund Existing Appropriations Additional Appropriations Project Total` W&S Capital Projects Fund $405,400.00 $2,280,074.00 $2,685,474.00 56002 Sewer Capital Fund - Legacy $320,483.00 $0.00 $320,483.00 59607 Project Total 11$725,883.00 $2,280,074.00 $3,005,957.00 *Numbers rounded for presentation purposes. M/WBE OFFICE: William J. Schultz, Inc. dba Circle C Construction Company is in compliance with the City's BD.E Ordinance by committing to zero percent MBE participation and documenting good faith effort. William J. Schultz, Inc. dba Circle C Construction Company identified several subcontracting and supplier opportunities. However, the firms contacted in the areas identified did not respond or did not submit the lowest bids. The City's MBE goal on this project is eight percent. The project is located in COUNCIL DISTRICTS 5 and 8. FISCAL INFORMATION ! CERTIFICATION: The Director of Finance certifies that funds are currently available in the Water & Sewer Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, in the W & S Capital Projects fund for the SS Rehab Contract 90 project. Prior to any expenditure being incurred, the Water Department has the responsibility to validate the availability of funds. FUND IDENTIFIERS FIDs : TO Fund Department cccunt Project Program ctiwity I3ucigetT Reference # mount --�-- ID _ID �— I _- Year ; (Chartfield 2)__L_ ____ Funda Department lAccounil Project ProgramlActivity Budget ID ID Year CERTIFICATIONS; Submitted for City Manager's Office by: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Walter Norwood (5026) ATTACHMENTS 1. 6OSS90P1-CIRCLEC Compliance Memo.pdf (CFW Internal) 2. 60SS9OPl-CIRCLEC FID Table (WCF 08.28.20).xisx (CMInternal) 3. 60SS9OPl-CIRCLEC Form 1295.pdf (CFW Internal) 4. 60SS90P1-CIRCLEC Funds Avail.docx (CFW Internal) 5. 60SS9OPl-CIRCLEC Map (t).pdf (Public) 6. 60SS9OPl-CIRCLEC Map (2).0 (Public) 7. 60SS90P1-CIRCLEC Map M.Oddf (Public) 8. 60SS90P1-CIRCLEC SAM.pdf. (CFW Internal) 9. 60SS90P1-CIRCLEC 56002 A020 R2 .docx (Public) Reference # 1Amo N N N N F-' N N N N N N N F-A N N N IN N A+ N Ul u1; LJl N Ln N Ul N w N Ln Ln Ln cn Ln L" In Lll Ln Ln Ln Ln Ln Ln Ul Ln Ln Ln 61 lh al m m m m m M m m m m M m Ql m m �Y Ol m m m dl O O b 0 0 0 0 0 O O O O O O O O d O 0 0 O Q Q Q Q Q Q b O b b 0 O O O d O O d O O b 0 0 0 0 d 0 N N N N N N N N N N N N N N N N Y N s s O O O O 0 0 0 0 O Q Q 0 Q 0 0 O L7 O O b 0 0 0 V V V V V V V V m m m m m (n m V V m .' m V V m m Q Q Q O g 0 0 0 O O O O 0 0 0 O O b - O d d d Q Q C7 O Q O 0 b 0 0 0 0 0 0 0 0 O to oo W Co 0 0 0 A 4P -A 4A A � A A Jf A 4, -P 4P � A a -p � A 4�- W CZ) W d W CD W CD W d (JU o W 0 W o W d CO co W CD LU o W CZ) W CD W Q .A W d N o W d.3 J.a N o Ln W Q W CD 4, W O W b A Ul UY Ln Ln Ln Ul Ln .P Ln Ln Ln Ln Ln Lrn A Ln -P U'1 W W Ln V V W Y LD W W W V V Y LID LD LD LD LIl LD LU LD 1- W 4�- .P 4P s-a W O Fi Y W 4P 4P F-1 O Ln Ul Ln L11 Ln Ln Ln CD CD CD O O Q b Ln O O O O 0 0 Ul T al Ol al m m 0) W Ln Ul O 7-a Q 0 Y 0 Fi W Ln F-` d Y N W Ln W Ln Ln Q 0 Y 0" Y b W N L-3 O O Q d O Q O O O O O O O 1--' O d 0 FS O O O d O Q V. N n n n n n n n n n n n n n n n n n n n n n d O O CDO O CD d Q Q O CD, CD CD CD-_ Q O 0 0 0 0 IV N N N N hl N N N N N N N N N N N N N N N W co W co W Lb W 00 W 0o W 00 W 00 W w W 00 W 00 W 00 W 00 W co W 00 W ® G0 W 00 W Co Lll 00 UJ 00 W 00 W co N N N N N N N N N N N N N N N N N N N N N F • � � n n n n n n n n n n n n n n n O Y d Y O O O O O O Q O O O 7-4 O O O V -4 -4 -4 V -4 V -4 V V V V V J V V V -- . 00 D0 00 0o Lb 00 00 w 00 w 00 00 W A .A 0 00 0 n 0 Cl 0 Ln A? 0 0 0 0 ' LO O O O O LID LID LD N N N N • LD l0 Q b b b . e a a e II th tn � �. -La Ln to Y Y t/t -ca to to {/y tn- V {n t/T IA- ? tn- (n V V Ljl N pu - GfY -- V UL V CIl Ln N Ln N 1 N W W O Ln U W N iJF CU W W N I--` WI Ul W N m Ln W W N Ol �y ? N W W m Ql W Q O? V O W O Y [D O V .o O F� V V V V Y LD W H 4.+ �, w LID F-' W N O N O W N Ul N 00 d Lp N Ln E- L LD Ln Ln Y LD Q Ln [n W In Y Lp Y W m Y CD W CDN Y Ul W O Ul Ul Ln Ln 4-1 O b O O O 0 O 0 Q 0 O O b L7 CD C7 0 Q 0 b 0 O 0 O CD O O O O O' 0 0 0 0 O 0 O 0 Q 0 rw 0- Cr3 [mod 'Ari ? IS cr -. Gl C fl [� to b *q n Clf n go ro n 0 N W Oo N w LI N G �. Nome Legislation Calendar Details File #: Type: File created: On agenda: Title: Attachments: Reports City Council Departments Sian In 10 I] a Share 1-, R3 3 -,r Aled'ts M&C 20-0704 Version: 1 Name: Award of Contract Consent Status: Passed 9/17/2020 In control: CITY COUNCIL 9/22/2020 Final action: 9/22/2020 (CD 5 and CD 8) Authorize Execution of a Contract with William 3. Schultz, Inc. dba Circle C Construction, in the Amount of $1,897,659.00 for the Sanitary Sewer Rehabilitation Contract 90, Part 1 Project and Adopt Appropriation Ordinance 1. M&C 20-0704, 2. 60SS90Pl-CIRCLEC Map (1).pdf, 3. 60SS90P1-CIRCLEC Map (2).12df, 4. 60SS90P1-CIRCLEC Ma 3 . df 5. 60SS9flP1-CIRCLEC 56002 AO20 R2 . df History (1) Text 1 record Group Export Date Ver. Action By 9/22/2020 1 CITY COUNCIL Action Result Action Details Meeting Details Video Approved Action details Meetin4 details Not available 000510-1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page i of 1 1 SECTION 00 0510 2 3 MAYOR AND COUNCIL COMMUNICATION (M&Q 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 000515-1 ADDENDA Page 1 of 1 SECTION 00 0515 ADDENDA END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract 90—Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02182 Revised July 1, 2011 CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO.1 SAI+IITARY SEWER REHABILITATION, CONTRACT 90 -- PART I CITY PROJECT NO 02382 Water Project No.: 56002-0600430- CO23 82-CO 1783 Sewer Project No.: 56002-0700430- CO2382-CO 1783 ADDENDUM RELEASE DATE: DULY 15, 2020 BIDS RECEIVED DATE: AUGUST 13, 2020 (By this Addendum) INFORMATION TO BIDDERS: This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside cover). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. TO: PROSPECTIVE BIDDERS AND PLAN HOLDERS The Playas, Speedcations, and Contract Documents shall be modified as required by the following items: Specifications: item 1-1 Specification, 00 1113 INVITATION TO BIDDERS Delete the first paragraph under RECEIPT OF BIDS and replace with the following: RECEIPT OF BIDS Due to the COVID19 Emergency declared by the City of Fort Worth and until the emergency declaration, as amended, is rescinded, sealed bids for the construction of Sanitary Sewer Rehabilitation Contract 90 -- Part I, City Project Number 02382 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, AUGUST 13, 2020 as further described below: Item 1-2 Specification, 00 11 13 INVITATION TO BIDDERS Under DOUCMENT EXAMINATION AND PORCUREMENTS, delete the links under Bid Document Folder: and Addendum and replace with the .following: Bid Document Folder: htt s://docsb360.autodesk,eoin/shares/10361528-4262,42al-a7d2-bda$80455cc0 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 -- Part i 02382 ADDENDUM 1 — PAGE 1 Addendum: htt s://domb360.autodesk,coin/shares1e4515bO4-ae68-432c-92d7-4b62ecla77e3 Item I-3 Specification, 00 It 13 INVITATION TO BIDDERS Under PREBID CONFERENCE, delete the first two paragraphs including the date and time and replace with the following: A prebid conference will be Feld as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: August 4, 2020 Tom: 1:30pm Due to COVID-19 restrictions, instructions to attend the online web conference will only be emailed to those who provide an expression of interest by email to both the project engineer Tracey Long, tione(a.Iiazenandsawyer.com, and the City project manager, Walter Norwood, walter.norwood@a.fortworthtexas.gov. The presentation given at the prebid conference and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids Plans: tem 1-4 Plan Sheet 10, SANITARY SEWER LINE L-2307, STA 8+00.00 TO STA 12+00.00 In the plan view near Stat 8+60, revise the note that reads "REMOVE EXIST 12" TREE" to read as follows: PROTECT EXIST 12" TREE AND COORDIATE WITH OWNER TO TRIM TREE AS REQUIRED FOR CONSTRUCTION Clarifications: None "RE, CE)[VED & ACKNOWLEDGED ADDENDUM NO.1" Failure to acknowledge the receipt on Addendum No. I could cause the subject bidder to be considered "NON -RESPONSIVE", resulting in disqualification. A signed copy of this addendum. shall be placed into the proposal at the time of bid submittal. All Items in conflict with this addendum are hereby deleted. THIS ADDENDUM IS MADE PART OF THE SPECIFICATIONS AND CONTRACT DOCUMENTS AND SHALL 13E ACKNOWLEDGED ON THE PROPOSAL AND ON THE BID ENVELOPE. HAZEN AND SAWYER. 'WATER DEPARTMENT Firm Reg No. F 13618 CHRIS HARDER, PE CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 -- Part 1 02382 ADDENDUM I --PAGE 2 By- IA4 � Tracey L. Lang P.E. Associate, Hazen and Sawyer July 15, 2020 DIRECTOR, WA�IRTPTT" Tony holala, P.B. Assistant Director (Water Dept.) Receipt Acknowledged: Title Company CITY OF FORT WORTH Sanitary Sewer Rehabllltatlon Contract 00 — Part ? 02382 ADDENDUM 1 A PAGE 3 CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO.2 SANITARY SEWER REHABILITATION, CONTRACT 90 — PART 1 CI`1~Y PROJECT NO 02332 Water Project No.: 56002-0600430- CO2382-CO1783 Sewer Project No.: 56002-0700430- CO2382-001783 ADDENDUM RELEASE DATE: AUGUST 5, 2020 BIDS RECEIVED DATE: AUGUST 13, 2020 (By Addendum No 1) INFORMATION TO BIDDERS: This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside cover). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid, TO: PROSPECTIVE BIDDERS AND PLAN HOLDERS The Plans, Specifications, and Contract Documents shall be modified as required by the following items: Specifications: Item 2-1 Specification, 00 11 13 INVITATION TO BIDDERS Replace the Bid Document Folder link with the following link: hgps://does. b3 6Q.autodesk.com/shares/687ed3 65-c729-496E-8e.R3-d462ag9g36a2 Item 2-2 Specification, 00 11 13 INVITATION TO BIDDERS And add the following information after the Addendum Link: Closed Circuit Television (CCTV) information for the project is available for review and can be accessed from the City of Fort Worth's BIM360 site via the link below: CCTV Inspection Information: hWs.1/doczi.b360.autodesk.comrstinres/8953aI—ff-4533-a3a5-618cb367ff`12 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part 1 ©2382 ADDENDUM 1 — PAGE 1 Item 2-3 Specification, 00 52 43 AGREEMENT Replace the entire specification and replace with the specification attached and labeled as Addendum No 2 Attachment No I — Specification Section 00 52 43. The only change was to include the amount for liquidated damages. Plans: None Clarifleations: Item 2-4 Specification Section, 00 41 00 Bid Proposal The quantity for the epoxy liner takes into account some of the manholes indicated for lining are less than 6 ft deep. Therefore, the total VF of liner does not equal the number of manholes times 6 Vl' per manhole plus the additional depth of manholes for quantities over 5 ft deep. "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 1" Failure to acknowledge the receipt on Addendum No. l could cause the subject bidder to be considered "NON -RESPONSIVE", resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. All Items in conflict with this addendum are hereby deleted. THIS ADDENDUM IS MADE PART OP THE SPECIFICATIONS AND CONTRACT DOCUMENTS AND SHALL BE ACKNOWLEDGED ON THE PROPOSAL AND ON THE BID ENVELOPE. HAZEN AND SAWYER, Firm Reg No. F-I3618 By; Tracey L. Long P.E. Associate, Hazen and Sawyer August 4, 2020 CITY OF FORT WORTH WATER DEPARTMENT CHRIS HARDER, PE DIRECTOR, WATE D A TMENT O{ Tony Sholola, P.E. Assistant Director (Water Dept.) Receipt Acknowledged: By: •' T' le Company Sanitary Sewer Rehabilitation Contract 90 — Part 3 02382 ADDENDUM I -- PAGE 2 Addendum No 2-Attachment No 1_ Specification Section 0052 43 6.1 SECTION 00 52 43 AGREEMENT 005243-1 Agreement Page 1 of 7 THIS AGREEMENT, authorized on is made by and between the City of forth Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and , authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Sanitary Sewer Rehabilitation Contract 90, Part 1 Cioz Pro sect Number 02382 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of Dollars Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work will be complete for Final Acceptance within 420 days after the date when the Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six hundred and fifty Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90--Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised 09/06/2019 Addendum No 2 Attachment No 1_ Specification Section 0052 43 00 52 43 - 2 Agreement Page 2 of 7 Article S. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02392 Revised 09/06/2019 Addendum No 2—Attachment No I_ Specification Section 0052 43 005243-3 Agreement Page 3 of 7 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is „alleged or Rroven 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. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This 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. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shalt be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Fart 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised 09/06/2019 Addendum No 2—Attachment No i _ Specification Section 005243 7.6 Authority to Sign. 00 52 43 - 4 Agreement Page 4 of 7 Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Prohibition On Contracts With Companies Boycotting Israel. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (I) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.8 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.9 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.10 No Cause of Action Against Engineer. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90—Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised 09/06/2019 Addendum No 2—Attachment No 1_ Specification Section 0052 43 005243-5 Agreement Page 5 of 7 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. SIGNATURE PAGE TO FOLLOW CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90—Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised 09/06/2019 Addendum No 2—Attachment No 1_ Specification Section 0052 43 005243-6 Agreement Page 6 of 7 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: City of Fort Worth LOW Signature (Printed Name) Title Dana Burghdoff Assistant City Manager Date Attest: Address City Secretary City/State/Zip (Seal) M&C: Date Date: Form 1295 No.: Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. (NAME) Mtle) Approved as to Form and Legality: Douglas W. Black Assistant City Attorney APPROVAL RECOMMENDED: Christopher Harder, P.E., Director CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90—Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised 09/06/2019 Addendum No 2_Attachrnent No 1_ Specification Section 0052 43 00 52 43 - 7 Agreement Page 7 of 7 Water Department CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90--Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02352 Revised 09/06/2019 CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO, 3 SANITARY SEWER REHABILITATION, CONTRACT 90 -- PART 1 CITY PROJECT NO 02382 Water Project No.: 56002-0600430- CO23 82-CO 1783 Sewer Project No.: 56002-0700430- CO2382-001783 ADDENDUM RELEASE DATE: AUGUST 11, 2020 BIDS RECEIVED DATE: AUGUST 13, 2020 (By Addendum No 1) INFORMATION TO BIDDERS: This addendum forms part of the contract documents referenced above and modifies the original Contract Documents, Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside cover), Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. TO: PROSPECTIVE BIDDERS AND PLAN HOLDERS The Plans, Specifications, and Contract Documents shalt be modified as required by the following items: specil eations: Item 3-1 Specification, 00 42 43 131D FORM Replace the Bid Form in its entirety and replaced with the attached Addendum No 3 —Attachment I — Bid Form An excel file of the Bid Form has been included with this addendum for bidders convenience. Bidder is responsible for the its accuracy. PIans: Item 3-2 Sheet 33, Line L-4165 - In the plan view at Sta 0+00, replace the callout "CONNECT TO PROP" with "CONNECT TO EXIST," Item 3-3 CITY OF FORT WORTH ADDENDUM 3 -- PAGE 1 Sanllary Sewer RehablHtatlon Contract 90 — part 1 02382 Sheet 34, Line L-4166 - In the plan view and profile at Sta 0+00, replace the callout "CONNECT TO PROP 4' DIA SSMH (M-202) CONNECT TO PROP 8" SS (N, S & W)" WITH "CONNECT TO EXIST 4' DIA SSMH (M-202) CONNECT EXIST 8: SS (N,S &W)" Item 3-4 Sheet 44, Line M- 187 - In the profile, between Sta 24+95 and Sta 25+80, delete the callout "PIPE BURST EXIST 10" SS", Item 3-5 Sheet 44, Line M-187, revised callout between Stat 25+80 to Sta 26+30 from "50 LF BY OTHER THAN OPEN CUT" TO "50 LF BY PIPE BURSTING" and in the profile, revise the callout for "50 LF DIP SS @ 0.72%" to "50 LF SS @ 0.720/o" ClariEeations: None "RECEIVED & ACKNOWLEDGED ADDENDUM NO. 3" Failure to acknowledge the receipt on Addendum No. 3 could cause the subject bidder to be considered "NON -RESPONSIVE", resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. All Items in conflict with this addendum are hereby deleted. THIS ADDENDUM IS MADE PART OF THE SPECIFICATIONS AND CONTRACT DOCUMENTS AND SHALL BE ACKNOWLEDGED ON THE PROPOSAL AND ON THE BID ENVELOPE. HAZEN AND SAWYER. Firm Reg No. F-13618 .191.0 13 Y Y: Tracey L. Long P.E. Associate, Hazen and Sawyer August 11, 2020 ff.fT4l1I*!IAl..... CFY !-,•.fi....1�U•I>.f...!•ff... 80376 ?1l0 .l+lA�NaID �l CITY OF FORT WORTH WATER DEPARTMENT CHRIS HARDER, PE DIRECTOR, WAIF f D P4RTMENT By. kb �. Tony Sholola, P.E. Assistant Director (Water Dept.) Receipt Acknowledged; Title Company Sentlery Sewer Rehabilitation Contract 90 — Part 1 02382 ADDENDUM 3 — PAGE 2 ADDENDUM NOli 3-ATTACHMENT t SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID 00 42 43 BIDPROPOSAL Page I of3 Bidder's Application Project Item Information Bidder's Proposal Bid Item Descri tiotl NO. p Specification Unit of Bid Unit Price Bid Value i Section No. Measure Quantity 1 8" PVC Water Pipe LF 1,754 2 6' PVC Water Pipe_ LF d_ 1 3 Quctlle Iron Water Fittings w! Restraint TON t 4 Fir_e Hydrant, Remove & Salvage EA 2 5 Fira Hydra�nl EA 2 6 Temporary Asphalt Paving Repair (2" HMAC on 6" Flex Base) IF 1 987 7 Concrete Collar _..._ EA 10 8 COne Pvmt Repair, Residential -9 - - SY _ 153 4" Cont Sidewalk SF0 10 6" Cone Curb and Gutter - - -- LF 100 11 9" Cone Valley Gutter, Residential _ 5Y _ 5 12 Temporary Water Service LS 1 13 1" Water Service EA 15 14 1" Water Service, Meter Reconnection EA 15 15 Construction Slaking LS 1 16 As -built Survey (Construction Survey) g 1 17 Traffic Control j p g t8 Exploratory t xcavation of Existing utilities EA 4 19 Connect to Existing 6" to 12" Water Main EA 6 20 8' Gate Valve EA 8 21 6" Gate_ Valve EA 2 22 Trench Safety LF 68 23 SWPPP a 1 acre w_ - LS 1 24 UEili Ad uslment _ti'_ �_ LS 1 25 Remove and Replace Concrete Curb & Gutter LF 226 26 Remove and Replace 6-inch Concrete Driveway SF 165 27 Remove and Replace 5-111 Storm Drainage Inlet Top EA 1 28 10-lnch-Pavement Pulverization SY 3,780 28 Cament Modification (26 Ib/sy) TN 48 30 2-Inch HMAC Surface Course Type "Q" Mix - SY 3.7. 8_0 31 Remove 30-ft HtMAC Speed Cushion wistripping -- - — EA 1 32 Stop Bars Pavement Markings LF 36 33 Water Valve Box Adjustment With Concrete Collar EA 2 34 Manhole Adjustment Concrete Collar EA 3 35 Grass Sod Replacement SY 56 36 1 Construction Allowance -Water LS 1 $60,000.00 $50 000.00 UNIT 1. WATER IMPROVEMENTS SUrl UME - - 33 11 10 1 10" Sewer Pipe (All Depths) 3331 12 LF 1445 33 31 20 2 10" DIP Sewer Pipe with Protecto 401 Coating 331110 LF 440 3311 11 10" Pipe Enlargement (10" to 10") 33 31 23 3 40"" !P Sewer o:pawith-Pr tMer tftan-Apet3-Gc+t 33.OS 24 LF 50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOC1.1411INTS Form Raised 20120120 Addendum 3 Sanilarr Sasrer Itchabililetinq Conlrao 90 - Part 1 02382 SECTION 00 42 43 PROPOSALFORM UNIT' PRICE 1310 00 42 43 81DPROPOSAL Pago 2 of 3 Uiddev's Application Project itcin hifonuation Bidder's Proposal Bid item Description Specification Unit of Bid Unit Price Dirt Valise No. Section No. Measure Quantity 33 11 10 4 8" Sewer Pipe 3331 12 LF W55 3331 20 5 B" Sewer Carrier Pipe 33 05 24 LF 20 6 8" DIP Sewer Pipe with Protecto 401 Coe ting(Open Cut) 33 11 10 LF 468 7 8" DIP Sewer Pipe with Protecto 401 Coating by Other than 3311 10 Open Cut LF 83 8 8" Pipe Enlargement (8" to 8") 33 31 23 LF 1290 9 6" Pipe Enlargement (6" to 8") 33 31 23 LF 250 10 16" Casing By Open Cut 33 05 22 LF 50 11 8" Sewer Pipe, CSS Backfili 33 11 7 0 LF 1. 45 12 4" Private Sewer Service 33 31 50 LF 115 13 4" Sewer Service, 3331 50 Each 35 Service Reinstatement, Pipe Enlargement including 33 31 23 14 service lines and cleanout Each 38 15 Trench Safety 33 05 10 LF 4,271 16 Past -CCTV Inspection 33 01 31 LF 5,453 17 Pre -CCTV Inspection - .__.._ 33 01 31 - LF 1,5.40 18 6" Sewer Abandonment Plug 0241 14 Each 5 19 10" Sewer Abandonment Plug 02 41 14 Each 5 20 Sanitary Line Grouting 012 41 14 CY 43 21 4' Manhole (to 6ft Depth) 33 39 10 Each 42 22 4' Extra Depth Manhole (over 6ff Depth) --- 3339 10 VF 124 -- _ 23 Epoxy Manhole u-ner 33 39 60 VF 366 24 Concrete Collar 33 05 17 Each 41 25 Manhole Vacuum Testing 33 01 30 Each 41 26 Remove 4' Sewer Manhole 02 4114 Each 1 27 Remove and Replace 6' Wooden Fence 32 31 29 LF 1,187 28 Remove and Replace 6' Chain Link, Aluminum 3231 13 LF 270 29 Remove and Replace Wall<4' 02411 13 LF 30 _ 30 Remove/Replace 21" RCP Storm Drain 0241 14 LF 10 31 RemovelReplace 24" RCP Storm Drain —- ie 0241 14 LF 10 32 Remove/Replace 42" RCP Storm Drain 02 41 14 LF 10 33 Block Sod Placement 32 9213 Sy 646 34 a-12" Tree Removal 31 1000 Each 11 35 Construction Staking 01 17123 LS T 36 As -Built Survey 01 71 23 LS 7 37 Exploratory Excavation of Existing Utilities 33 05 30 Each 6 38 SWPPP > 1 Ac - - . 31 25 00 LS 1 39 Traffic Confrol 34 71 13 MO 6 40 Temporary Asphalt Paving Repair (2" HMAC on 6" Flex Base) 3201 18 LF 912 41 5' Wide Permanent Asphalt Pvmt Repair, Residential 32 01 i7 LF 75 42 7' Wide Permanent Asphalt Pvmt Repair, Residential 32 01 17 LF 130 43 7' Wide Permanent Asphalt Pvmt Repair, Aerterial 32 01 17 LF 25 44 5' Wide Permanent Asphalt Parking Lot Pvmt Repair 3201 17 LF 230 45 5' Wide Permanent Asphalt Alley Pvmt Repair 3201 17 LF 165 46 Permanent Asphalt Pavement Repair Beyond Defined Width, 3201 17 SY 89 47 Concrete Alley Repair (Remove and Replace) incl for services 32 13 20 SY (AllThicknesses) 71 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fom Rerised 20120i20 Addendum 3 Sanitary Seiner Rehabililation Contract 90 - Part 1 02382 SECTION 00 42 43 PROPOSAL FORME UNIT PRICE BID 00 42 43 BID PROPOSAL. Page 3 00 Bidder's Application Project Item Infomtatiolt Bidder's Proposal Bid Item No Description Specification Section No. Uaat of Measttre Bid Quantlly Unit Price Bid Velne 48 Concrete Parking Lot Repair (Remove and Replace) 32 13 20 SY 161 48 Cone Pvmt Repair (Remove and Replace) Residential 3201 29 SY .01112licknasses) - 351 50 6" Cone Curb and Gutter Repair 32 16 13 LF 500 51 UAdjustme_nt tility 52 Remove and Replace Concrete Curb & Gutter LF 226 53 Remove and Replace 6-Inch Concrete Driveway 5F 211 54 Remove and Replace 5-ft Storm Drainage Inlet Top EA 1 5_5 10-inch-Pavement Pu_ Iverka-tion_ SY 3,780 56 dement Modification (2ti ib/sy) _ _ _ TN _ Ae 57 _. 2-Inch HMAC Surface Course Type "U' Mix SY 3,780 56 Remove 90-ft FIMIAC Speed Cushlon w/stripping W EA 1 59 Stop Bars Pavemenf Markings LF 36 60 Water Valve Box Adjustment Wilk Concrete Collar EA 2 61 Mlanhale Adjustment C_ oncrete 611arq 3 62 Remove and Replace Storage Unils EA 2 63 Abandonment Plug (Cut & Plug)(AII Sizes) EA 6 64 Sewer Construction Allowance 01 71 23 LS 1 $80 000.00 $80 000.00 UNIT 2; SANITARY SEWER IMPROVMENTS SUBTOTAL$ - — _ SUBTOTAL UNIT 1: WATER IMPROVEMENTS - SUBTOTAL UNIT 2: SANITARY SEINER IMPROVMENTS END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMRNTS Yo m Revbcd 20120120 TOTAL (UNIT I AND UNIT 2)1 1 Addendum 3 Sanilan• 94%wr RehabilitAVoo Contract 90-Pail I 02392 0011 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Due to the COVIDI9 Emergency declared by the City of Fort Worth and until the emergency declaration, as amended, is rescinded, sealed bids for the construction of Sanitary Sewer Rehabilitation Contract 90 — Part 1, City Project Number 02382 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, AUGUST 6, 2020 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: 1. US Mail at the address above, 2. By courier, FedEx or hand delivery from 8:30-1:30 on Thursdays only at the South End Lobby of City Hall located at 200 Texas Street, Fort Worth, Texas 76102. A Purchasing Department staff person will be available to accept the bid and provide a time stamped receipt; or 3. If the bidder desires to submit the bid on a day or time other than the designated Thursday, the bidder must contact the Purchasing Department during normal working hours at 817-392-2462 to make an appointment to meet a Purchasing Department employee at the South End Lobby of City Hall located at 200 Texas Street, Fort Worth, Texas 76102, where the bid(s) will be received and time/date stamped as above. Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers and broadcast through live stream and CFW public television which can be accessed at h!W:Hfortwortlltexas.gov/fwty/. The general public will not be allowed in the City Council Chambers. In addition, in lieu of delivering completed MBE forms for the project to the Purchasing Office, bidders shall e-mail the completed MBE forms to the City Project Manager no later than 2:00 p.m. on the second City business day after the bid opening date, exclusive of the bid opening date. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: 1,754 LF 8" PVC Water Pipe 1,441 LF 10" Sewer Pipe 50 LF 10" DIP Sewer Pipe By Other than Open Cut 1,954 LF 8" Sewer Pipe 468 LF 8" DIP Sewer Pipe 83 LF 8" DIP By Other than Open Cut 1,289 LF 8" Pipe Enlargement 245 LF 6" Pipe Enlargement 50 LF 16-inch Casing by Other than Open Cut 366 VF Epoxy Manhole Liner CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Temporarily Revised April 6, 2020 due to COVIDI9 Emergency Sanitary Sewer Rehabilitation Contract 90 - Fart 1 02382 0011 13 INVITATION TO BIDDERS Page 2 of 3 43 CY Sanitary Line Grouting 7,560 10-inch Pavement Pulverization 7,560 SY 2-inch IIMAC Surface Course Type "D" Mix The engineers opinion of probable construction cost for this project is approximately $2,650,000.00 PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre - qualified by the City at the time of bid opening. The procedures for qualification and pre - qualification are outlined in the Section 00 21 13 INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line as of Thursday July 2, 2020 by visiting the City of Fort Worth's BIM 360 Site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Plan and specifications can be accessed from the City of Fort Worth's BIM 360 site via the links below: Bid Document Folder: https:/, docs.b360.autodesk.com/projects/434d9476-cee2-4dde-b687- fc3865fa6a7e/folders/urn:adsk.nd od:fs.folder:co. kKfrL- R'e2c TXVIkYaA/detail Addendum: https:/l docs. b360.autodesk.com/proj ects/434d9476-cee2-4dde-b687- fc3865fa6a7e/folders/urn:adsk.wiMprod:fs.folder: co.IIKJBTh7xT1O7SypAAK 7-w/detail Copies of the Bidding and Contract Documents may be purchased from: Hazen and Sawyer, 500 W 7' Street, Suite 702, Fort Worth, Texas 76102 as of Monday July 6" Phone Number: 817-860-2630. Call a minimum of 24 hours in advanced to schedule a pick up. The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with full size drawings: $100.00 Set of Bidding and Contract Documents with half size (if available) drawings: $50.00 PREBID CONFERENCE A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: July 28, 2020 TIME: 1:30pm Due to COVID-19 restrictions, instructions to attend the online web conference will only be emailed to those who provide an expression of interest by email to both the project engineer Tracey Long, tlong0,hazenandsa3yyer.com, and the City project manager, Walter Norwood, walter.norwoodnfortworthtexas. og_v. The presentation given at the prebid conference and any questions and answers provided at the prebid conference will be issued as an Addendum to the call forbids. CITY OF FORT WORTH Sanitary Server Rehabilitation Contract 90 - Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 02382 Temporarily Revised April 6, 2020 due to COVIDI 9 Emergency 0011 13 INVITATION TO BIDDERS Page 3 of 3 CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Walter Norwood, PE, City of Fort Worth Email: Walter.Norwood@fortworthtexas.gov Phone: 817-392-5026 AND/OR Attn: Tracey Long, PE, Hazen and Sawyer Email: tlong@hazenandsawyer.com Phone: 817-870-2630 EXPRESSION OF INTEREST To ensure bidders are kept up to date of any new information pertinent to this project or the COVIDI9 emergency declaration, as amended, as it may relate to this project, bidders are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the bidder's company name, contact person, that individuals email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http:l fortworthtexas.gov!purchasingi PLAN HOLDERS To ensure you are kept up to date of any new information pertinent to this project such as when an addenda is issued, download the Plan Holder Registration form to your computer, complete and email it to the City Project Manager or the Design Engineer. The City Project Manager and design Engineer are responsible to upload the Plans Holder Registration form to the Plan Holders folder in BIM360. Mail your completed Plan Holder Registration form to those listed in INQUIRIES above. ADVERTISEMENT DATES July 9, 2020 July 16, 2020 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 02382 Temporarily Revised April 6, 2020 due to COVID19 Emergency 0021 13 INSTRUCTIONS TO BIDDERS Page I of 10 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened) shall not be considered. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: hops:llaos.fortworthtexas.gov/ProiectResources/ 3.1.1. Paving — Requirements document located at; 02-Construction Documents/Contractor Prequalification/TPW Paving Contractor Prequalification Program 3.1.2. Roadway and Pedestrian Lighting Requirements document located at; 02-Construction Documents/Contractor Prequalification/TPW Roadway and Pedestrian Lighting Prequalification Program CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90-Part I STANDARD CONSTRUCTION SPECIFICATION DOCOMENT 02382 Revised March 9, 2020 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 3.1.3. Water and Sanitary Sewer — Requirements document located at; 02-Construction Documents/Contractor Prequalification/Water and Sanitary Sewer Contractor Prequaliflcation Program 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 02382 Revised March 9, 2020 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 Study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.4. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.5. Perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. On request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.6. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima -facie evidence that the Bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.7. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90-Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 02382 Revised March 9, 2020 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90-Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 02382 Revised March 9, 2020 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal Written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Walter Norwood, PE, City of Fort Worth Water Department Email: WalterNorwood@fortworthtexas.gov Phone: 817-392-5026 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration system at https.//docs.b360.autodesk.com/proi ectsi'434d9476-cee2-4dde-b687- fc3865fa6a7e/folders/urn:adsk.wipprod:fs.folder:co _kKfrL-gRie2cpTXVIkYaA/detail 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90-Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 02382 Revised March 9, 2020 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. if the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, City may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 12-2011 (as amended), the City has goals for the participation of minority business and/or small business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the MBE and SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor Waiver Form and/or Good Faith Effort Form with documentation and/or Joint Venture Form as appropriate. The Forms including documentation must be received by the City no later than 2:00 P.M. CST, on the second business day after the bid opening date. The Bidder shall obtain a receipt from the City as evidence the documentation was received. Failure to comply shall render the bid as non- responsive. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90-Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 02382 Revised March 9, 2020 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, written in ink in both words and numerals, for which the Bidder proposes to do the work contemplated or furnish materials required. All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals, the price in written words shall govern. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90-Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 02382 Revised March 9, 2020 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the option of the City, be returned unopened. 14.2. Bidders may modify their Bid by electronic communication at anytime prior to the time set for the closing of Bid receipt. 1S. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90-Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 02382 Revised March 9, 2020 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at hiWs://www.ethics.state.tx.us/data/formsII295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. Failure to execute a duly awarded contact may subject the Contractor to penalties. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90-Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 02382 Revised March 9, 2020 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 18.3. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90-Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 02382 Revised March 9, 2020 L� 0035 13 CONFLICT OF INTEREST AFFIDAVIT Page 1 of I SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercises discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required, You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. kltt s:li .et ics.s ate,tx.us ata/fQrms/co flict/CI ,pdf h ps:L/WWW.ethicS.state.tx.us/data/fnrtncicnriflictlf`-M nrf [* CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary [� CIS Form does not apply CIS Form is on bile with City Secretary [� CIS Form is being provided to the City Secretary BIDDER: Company oleo. ervr �4032h? Address City/State/Zip r- By: /r'resQ (Please Print)' Signature: Title: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 (Please Print) Sanitary Sewer Rehabilitation Contract 90 - Part 1 02382 00 41 00 BID FORM Page 1 of 10 1 TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: City Project No.: 2382 SECTION 00 4100 BID FORM Sanitary Sewer Rehabilitaion Contract 90 - Part 1 Units/Sections: Unit 1 - Water Improvements Unit 2 - Sanitary Sewer Improvements I. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form Included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents, 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding, 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehabilitation Contract go - Part 1 Form Revised March g. 2020 02382 0041 00 BID FORM Page 2 of 10 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. Prequaiification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Distribution Urvan and Renewal, 8" and smaller b. Sewer Distribution, Urban and Renewal, 10" and smaller, Pipe Enlargement- 10" and smaller c. Pipe Enlargement, 10" and smaller d. Ashphalt Paving Repair, (Less than 15,000 square yards) e. Epoxy Manhole Liner (Warren or Chesterton) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 420 days days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones) within the times specified in the Agreement. S. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 4100 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 Affklavit-Statement 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. 'dotal 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehabilitation Contract 00 - Part 1 Form Revised March 0, 2020 023B2 00 41 00 BID FORM Page 3 of 10 by the City at the bid opening. 6.2. It is understood and agreed by the Bidder In signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items ruse this If applicable, otherwise delete, Total Bid Z1 9f17 9 /0, Se #REFI 7. Bid Submittal This Bid is submitted on August 13,2020 Respectfully submitted, By: (Signature) Tere a S Skell (Printed Name) Title: President Company: William J Schultz Inc dba Circle C Construction Address PQ Box 40328 Fort Worth, Texas 76140 State of Incorporation: Texas Email: # skeily circigcconstructior c rn Phone: 817-293-1863 END OF SECTION by the entity named below. Receipt is acknowledged of the following Addenda, Initial Addendum No. 1: TSS Addendum No. 2: TSS Addendum No. 3: TSS Ad�� Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehabilitation Contract 90 - Part 1 Form Revised March 9, 2020 02382 9 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application (Corrected 8-28-20) Project Item Information Willaim J Schultz, Inc. dba Circle C Construction Sid Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value r 1 8" PVC Water Pipe LF 1,754 $50.00 $87,700.00 2 6" PVC Water Pipe LF 41 $50.00 $2,050.00 3 Ductile Iron Water Fittings w/ Restraint TON 1 $6,000.00 $6,000.00 4 Fire Hydrant, Remove & Salvage EA 2 $600.00 $1,200.00 5 Fire Hydrant EA 2 $4,800.00 $%600.00 6 Temporary Asphalt Paving Repair (2" HMAC on 6" Flex Base) LF 1,987 $22.00 $43,714.00 _ 7 Concrete Collar EA _- $300.00 $3,000.00 8 _ Conc Pvmt Repair, Residential - 4" Conc Sidewalk -SY SF _10 153 50 $120.00 $15.00 $18,360.00 $750.00 9 10 6" Conc Curb and Gutter LF 100 $40.00 $4,000.00 11 9" Conc Valley Gutter, Residential Si, 5 $40,00 $200.00 12 Temporary Water Service LS 1 $20,000.00 $20,000.00 13 1" Water Service EA 15 $1,000-00 $15,000.00 14 1" Water Service, Meter Reconnection EA 15 $200.00 $3,000.00 15 Construction Staking LS 1 $3,000.00 $3,000.00 16 As -Built Survey (Construction Survey) LS 1 $2,000.00 $2,000.00 17 Traffic Control MO 6 $2,500.00 $15,000.00 18 Exploratory Excavation of Existing Utilities EA 4 $1,000.00 $4,000.00 19 Connect to Existing 6" to 12" Water Main EA 6 $1,600.00 _ $9.000.00 20 8" Gate Valve EA 8 $1,300.00 $10,400.00 21 6" Gate Valve EA 2 $900.00 $1,800.00 22 Trench Safety LF 68 $15.00 $1,020.00 1 23 SWPPP > 1 acre LS $5,000.Qq - $5,000.00 24 Utility Adjustment LS 1 $4,500.00 $4,500.00 25 Remove and Replace Concrete Curb & Gutter LF 225 $40.00 $9,000.00 26 Remove and Replace 6-Inch Concrete Driveway SF 165 $25.00 $4,125.00 27 Remove and Replace 5-ft Storm Drainage Inlet Top EA 1 $4,500.00 $4,500.00 28 10-Inch-Pavement Pulverization SY 3.780 $6.00 $22,680.00 29 Cement Modification (26 Iblsy) TN 49 $300.00 $14,700.00 30 2-Inch HMAC Surface Course Type "D" Mix SY 3,780 $13.50 $51,030.00 31 Remove 30-ft HMAC Speed Cushion wlstripping EA 1 $2.500.00 $2,500.00 32 Stop Bars Pavement Markings LF 36 $15.00 $540.00 33 Water Valve Box Adjustment With Concrete Collar EA 2 $500.00 _ $1,000.00 34 Manhole Adjustment Concrete Collar EA 3 $1,500.00 $4'500.00 35 Grass Sod Replacement SY 56 $15.00 $840.00 36 Construction Allowance - Water _ LS 1 $50,000.00 $50,000.00 UNIT 1: WATER IMPROVEMENTS S l r L $435,709.00 Page 1 of 3 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application (Corrected 8-28-20) Project Item Information Willaim I Schultz., Inc. dba Circle C. Construction Bid Item Description E— Specification Unit of Bid Unit Price Aid Value No. Section No. Measure Quantity — UP41T 2- SANITARY — - _ - ' .... StMEkiMPROV�NIENTS _ 3311 10 1 10" Sewer Pipe (All Depths) 3331 12 LF 1445 _.- 33 31 20 $85.00 $122,825.00 2 10" DIP Sewer Pipe with Protecto 401 01 Coating 3311 10 331111 LF 440 $100.00 $44,000.00 3 10" Pipe Enlargement (10" to 10") 3331 23 LF 50 $100.00 $5,000.00 3311 10 4 8" Sewer Pipe 3331 12 LF 1655 3331 20 $48.00 $79,440.00 5 8" Sewer Carrier Pipe 33 0524 LF 20 $85.00 $1,700.00 6 8" DIP Sewer Pipe with Protecto 401 Coating(Open Cut) 3311 10 LF 468 $75.00 $35,100.00 7 8" DIP Sewer Pipe with Protecto 401 Coating by Other than 3311 10 LF 83 $500.00 $41,500.00 8 8 Pipe Enlargement (&' to 8) _ _ _. _ _. .__ __. 33 31 23 _ LF 1290 $48.00 $61,920.00 9 6"-Po Enlargement (.6_ to 8")... 33 31 23._ 250 $48.06 $12 006.00 10 ... _... __.... ...._ . _. _ ._ 16" Casing By Open Cut 33 05 22 _1F_ LF __. 50 - $200.00 $10,000.00 8" Sewer Pipe, C5S Backfill 33 11 10 11 3331 12 LF 3331 20 45 $125.00 $5,625.00 12 4" Private Sewer Service 33 31 50 _._., _.. LF ._ ._. 115 - $85-00 $9,775-00 13 4" Sewer Service, 3331 50 Each 35 $1,200.00 $42,000.00 Service Reinstatement, Pipe Enlargement including 3331 23 14 Service lines and cleanout Each 38 $1,500.00 $57,000.00 15 Trench Safety 33 05 . __..._ ___ .._ .. _. __ _. ._ .__ 16 Past -CCTV Inspection 3301 31 LF 5,453 $5.00 $27,265.00 17 Pre -CCTV Inspection 3301 31 LF 1,540 $5.00 $7,700.00 18 6" Sewer Abandonment Plug 0241 14 Each 5 $1,500.00 $7,500.00 19 10" Sewer Abandonment Plug 0241 14 Each 5 $1,500.00 $7,500.00 20 Sanitary Line Grouting 0241 14 CY 43 _...._- $200.00 _ $8,600.00 21 ..___.. 4` Manhole (to 6ft Depth) 33 39 10 _.._ Each _ ..._. . _ ._._ 33 39 20 42 $5,000.00 $210,000.00 22 4' Extra Depth Manhole (over 6ft Depth) 33 39 11-0- VF 333920 124 $150-00 $181600.00 23 Epoxy Manhole Liner 33 39 60 VF 366 $350 00 $926J100.00 24 Concrete Collar 33 05 17 Each 41 $450.00 $18,450.00 25 Manhole Vacuum Testing 3301 30 Each 41 $150.00 $6,150.00 26 Remove 4' Sewer Manhole 0241 14 Each 1 $800.00 $800.00 27 Remove and Replace 6' Wooden Fence 3231 29 LF 1,187 $25.00 $29,675.00 28 - Remove and Replace 6' Chain Link, Aluminum - 3231 13 LF 270 $25.00 — - $6,750.00 - .._.. 29 ... _ ----- Remove and Replace Wall <4' 0241 13 LF 30 - - $125.00 -... - $3,750.00 30 Remove/Replace 21" RCP Storm Drain 0241 14 LF 10 $250-00 $2,500.00 31 Remove/Replace 24" RCP Storm Drain 02 4114 LF 10 $250.00 $2,500,00 32 Remove/Replace 42" RCP Storm Drain 0241 14 LF 10 $350.00 $3,500.00 33 Block Sod Placement 32 92 13 SY 616 $10-00 $6,160.00 34 6"-12" Tree Removal 31 1000 Each 11 $1,500.00 $16,500.00 35 Construction Staking 01 71 23 LS 1 $25,000.00 $25,000.00 36 As -Built Survey 01 71 23 LS 1 $12,000-00 $12,000.00 37 Exploratory Excavation of Existing Utilities 33 05 30 Each 6 $1,000.00 $6,000.00 38 SWPPP > 1 Ac 31 2500 LS 1. $5,000.00 $5,000.00 39 Traffic Control 34 71 13 MO _ 6 $2,500.00 $15,000-00 Page 2 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application (Corrected 8-28e20) Project Item Information Willaim 7 Schultz, Inc. dba Circle C Construction Bid Item Description Specification Unit of Bid Unit Price ]aid Value No. Section No. Measure Quantity 40 temporary Asphalt Paving Repair (2" HMAC on 6" Flex Base) 32 01 18 LF 912 $22.00 $20,064.00 41 5' Wide Permanent Asphalt Pvmt Repair, Residential 3201 17 LF 75 $65.00 $4,875.00 42 7' Wide Permanent Asphalt Pvmt Repair, Residential 3201 17 LF 130 $85.00 $11,050.00 43 T Wide Permanent Asphalt Pvmt Repair, Aerterial 3201 17 LF 25 $125,00 $3,125.00 44 5' Wide Permanent Asphalt Parking Lot Pvmt Repair 3201 17 LF 230 $65.00 $14,950.00 45 5' Wide Permanent Asphalt Alley Pvmt Repair 3201 17 LF 165 $65.00 _ $10,725.00 . 46 Permanent Asphalt Pavement Repair Beyond Defined Width, _ 3201 17 SY _ _ _ _ .. Residential 89 $25.00 $2,225.00 Concrete Alley Repair (Remove and replace) incl for services 32 13 20 47 (All Thicknesses) SY 71 $85.00 $6,035.00 48 Concrete Parking Lot Repair (Remove and Replace) 32 13 20 SY (All thicknesses) 161 $85.00 $13,685.00 49 Cone Pvmt Repair (Remove and Replace) Residential 3201 29 SY 351 $85.00 $29,835.00 50 6" Cone Curb and Gutter Repair 32 16 13 LF 500 $40.00 $20,000.00 51 Utility Adjustment LS 1 $2,600.00 $2,500.00 LF 225 $40.00 52 Remove and Replace Concrete Curb & Gutter $9,000.00 53 Remove and Replace 6-Inch Concrete Driveway SF 211 $25.00 $5,275.00 54 Remove and Replace 5-ft Storm Drainage Inlet Tap EA 1 $4,500.00 $4,500.00 55 10-Inch-Pavement Pulverization SY 3,780 $6.00 $22,680.00 56 Cement Modification (26 Iblsy) TN 49 $300-00 $14,700.00 57 2-Inch HMAC Surface Course Type "D" Mix SY 3,780 $13,50 $51,030.00 58 Remove 30-ft HMAC Speed Cushion wlstripping EA 1 $2,500.00 $2,500.00 59 Stop Bars Pavement Markings LF 36 $15.00 $540.00 60 Water Valve Box Adjustment With Concrete Collar EA 2 $500.00 $1,000.00 61 Manhole Adjustment Concrete Collar EA 3 $1,500.00 $4,500.00 62 Remove and Replace Storage Units EA 2 $6,500.00 _ 63 Abandonment Plug (Cut & Plug)(All Sizes) EA 6 - _ _$11,000.00 $9,000.00 64 Sewer Construction Allowance 01 7123 LS 1 _$1.500.00 $8Q000.00 $80,000.00 UNIT 2: SANITARY SEWER IMPROVMENTS SUBTOTAL $1,461,950.00 SUBTOTAL UNIT 1: WATER IMPROVEMENTS $435,709.00 SUBTOTAL UNIT 2: SANITARY SEWER IMPROVIVIENTS $1,461,950.00 CORRECTED TOTAL UNITS 1 AND UNIT 2 BID $1,897,659.00 SUMITTED BID $1,847,940.82 Note: Bid prices in bold italics have been corrected to remove decimals in some ofthe bid quantitiesand reflect the corrected values from the original bid. Page 3 of 3 '4" M- ERC NTS BONDING COMPANY, MERCHANTS BONDING COMPANY (MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 BID BOND PUBLIC WORK KNOW ALL PERSONS BY THESE PRESENTS: Bond No. NIA That William J, Schultz, Inc_ dba Circle C Construction Company, P. O. Box 40328, Fort Worth, TX 76140 (hereinafter called the Principal) as Principal, and the Merchants Bonding Company (Mutual) (hereinafter called Surety), as Surety, are held and firmly bound to City of Fort Worth, 1000 Throckmorton Street, Fort Worth, Texas 76102 (hereinafter called the Obligee) in the full and just sum of ( 5% of Greatest Amount Bid Five Per Cent of Greatest Amount Bid Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 13th day of _ August 2020 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Construction of Sanitary Sewer Rehabilitation Contract 90 - Part 1, City Project Number 02382 according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the Merchants Bonding_ Company (Mutual) , as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: William J. Schultz, Inc. dba Circle C Construction Company Principal By Witness,ia Surety: ' AM } John A. Miller By CON 0333 (2115) _AA, ]ERCAAM iib isf-15 N G C G t'r1 PAN Y.. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorneys) -in -Fact, to sign Its name as surety(ies) and to execute, seat and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -In -Fact, and to authorize them to execute on behalf of the Company, and attach the seat of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the some force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot he modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February 2020 '���purregy ° s avn+� • syf� �'� •' p(j ` ���,� a•eQ ..... , •� MERCHANTS BONDING COMPANY (MUTUAL) MERCHANT NATIONAL BONDING, INC. � 20$3 - ,0 4 ',� 1933 d By `•. '. ...rJ�. °a jy . Liao President STATE OFIOWA ••`•"rff most*', COUNTY OF DALLAS ss. On this 11th day of February 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said Instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. PALLY MASON Commission Number 750576tf My Commission Expires January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this Instrument) I, Wiillam Warner. Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 13th day of August, 2020 �punitr••• ers•�_sF-a al •! o ,,,•�,-ooNA4•••.•, 2003 1933 Secretary ; ,�,� iA '. C} •••��'••rrt'aarir��+' b'�°°*oa�4 POADDI$(112D) MERCHIANTS ri"%� BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498 • DES MOINES, IOWA 50306-3498 - (800) 678-8171 - (S15) 243-38S4 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page S of 10 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 Stale here or alai i,. , 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. ia BIDDER: William J Schultz Inc dba Circle C Construction PO Box 40328 Fort Worth, Texas 76140 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Farm Revised 20110627 By: Teresa S Skelly (Signature) Title: President Date: ev• X-01 - e_pt7z u Sanitary Sewer Rehabiiliation Contract 90 - Part 1 02382 0045It-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 I SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalif cation process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/tMpermit/ and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial ,Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 0045 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets -- current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalifacation Application. A Bidder Prequaliflcation 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 CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02392 Revised July 1, 2011 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 c. The City will issue a letter as to the status of the prequalif cation approval. 2 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 3 the prequalified work types until the expiration date stated in the letter. 4 10 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 00 45 12 BID FORM Page 10 or 10 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequallfied contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequaliflcation Expiration Date Water Distribution Urvan and Renewal, 8" and smaller Circle C Construction 4/30/2021 Sewer Distribution, Urban and Renewal, 10" and smaller, Pipe Circle C Construction 4/30/2021 Enlargement- 10" and smaller Ashphalt Paving Repair, (Less than 15,000 square yards) Circle C Construction 4/30/2021 Epoxy Manhole Liner (Warren or Chesterton) Ace Pipeline 4/3012021 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: William J Schultz Inc dba Circle C Construction By: Teresa S Skelly PO Box 40328 - (Signature) Fort Worth, Texas 76140 Title: President Date: 2 `!? 24Z Q END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Sanitary Sewer Rehabilitation Contract 90 - Part 1 Form Revised 20120120 02382 FoRTWORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Name under which you wish to qualify Post Office Box Mark only one: City Street Address (required) City Telephone Fax Individual Limited Partnership General Partnership Corporation Limited Liability Company State Zip Code State Zip Code Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 200 TEXAS STREET FORT WORTH, TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 00 45 13 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable — Block 3 is to be left blank if Block 1 and/or Block 2 is checked) ❑ Has fewer than 100 employees and/or ❑ Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling — 36-Inches — 60 —inches, and 350 LF or less Tunneling - 36-Inches — 60 —inches, and greater than 350 LF Tunneling -- 66" and greater, 350 LF and greater Tunneling 66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes Water Transmission, Urban/Rcnewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches — 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV, 48-inches and smaller CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 45 13 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning, 24-inches and smaller Sewer Cleaning, 42-inches and smaller Sewer Cleaning, All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER $1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 0045 13 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT f NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b) As a Sub -Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED LOCATION CITY -COUNTY- STATE NAME AND DETAILED ADDRESS OF OFFICIAL TO WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you?_ If so, where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 0045 13 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City?. If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY I DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? NAME PRESENT POSITION OR OFFICE YEARS OF EXPERIENCE MAGNITUDE AND TYPE OF WORK IN WHAT CAPACITY 13, If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 0045 13 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: Date of Incorporation Charter/File No. President Vice Presidents If a partnership: State of Organization Date of organization Is partnership general, limited, or registered limited liability partnership? File No. (if Limited Partnership) General Partners/Officers Secretary Treasurer Limited Partners (if applicable) LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Officers or Managers (with titles, if any) Individuals authorized to sign for Partnership Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 45 13 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment TOTAL ITEM QUANTITY ITEM DESCRIPTION BALANCE SHEET VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various - TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 45 13 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 02382. Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: �� 10 `ij� 1 e ?1 p e M 11 �rt� ��D�lS//'�iaT�Di� _Zj? ry .�y By: 12 Company (Please Print) 13 �~ 14 /�� Zp 4X Signature: 15 Address 16 17 A'P, ���. ZXlis 7d/114 Title: 18 City/State/Zip (Please Print) 19 20MICHELE S LANK OR 21 THE STATE OF TEXAS § ore%n Notary Public 22 STATE OF TEXAS s'"�T. _ .� Notary ID 9117594" 23 COUNTY OF TARRANT § F OF Comm. Ev. October 7, 20M 24 PM 25 BEFORE ME, the undersigned authority, on this day personally appeared 26 S t , known to me to be the person whose name is 27 subscribed to the fare oing insfrument, and acknowledged to me that he/she executed the same as 28 the act and deed ofyegi for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 32 33 34 35 36 Notary Public in and for the State of xas 37 38 END OF SECTION 39 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 004540-1 Minority Business Enterprise Specifications Page 1 of 2 11 SECTION 00 45 40 2 TEMPORARY REVISION 4/6/2020 COVID-19 3 Minority Business Enterprise Specifications 4 APP .i ATION OF POLI Y 5 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 6 applicable. 8 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 11 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid, 13 14 MBE PROJECT GOALS 15 The City's MBE goal on this project is 8% of the total bid value of the 16 contract (Base bid applies to Parks and Community Services). 17 18 Note: If both MBE An SBE subcontracting goals are established for this project, then an Offeror 19 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 20 21 COMPLIA1!T E TO BID PE .iFI A IONS 22 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 23 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 24 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 25 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or ��6 3. Good Faith Effort documentation., or; 27 4. Prime Waiver documentation. 28 29 SUBMITTAL OF REQUIRED DOCUMENTATION 30 The applicable documents must be received by the assigned City of Fort Worth Project Manager or 31 Department Designee, within the following times allocated, in order for the entire bid to be considered 32 responsive to the specifications. The Offeror shall EMAIL the MBE documentation to the assigned City 33 of Fort Worth Project Manager or Department Designee. A faxed copl will not be accepted. 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 statedgoal: 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 Sanitary Sewer Rehabilitation Contract 90 --Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Temporarily Revised April 6, 2020 due to COVID19 Emergency 00 45 40 - 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 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 BDE Office at (817) 392-2674. S END OF SECTION 10 11 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Temporarily Revised April b, 2020 due to COVIDI9 Emergency OOS243-1 Agreement Page 1 of 5 SECTION 00 52 43 AGREEMENT TIHS AG1E1CMI GINT, authorized on e is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and William r. Schultz Inc. dba Circle C Construction Compnny, authorized to do business in Texas, acting by and through its duly authorized -("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2.1PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: SanitaU Sewer Rehabilitation Contract 90 fart 1 Citv ProiectNo. 02382 Article 3. CONTRACT PRICK City agrees to pay Contractor for performance of the Worlc in accordance with the Contract Documents an amount in current funds of One Million Ei lxt Hundred Nine -Seven Thousand Six Hundred Fifty Nine and No/100 ($1 897 659.00), Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work will be complete for Final Acceptance within 420 days after the date when the Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that tune is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Worlc is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City six hundred fifty Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUME, NTS CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 -• Pats 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised 09/06/2019 005243-2 Agreeinent Page 2 of 5 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Preclualification Statement 4) State and Federal documents Q)roject specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Commitment Form 3. General Conditions. 4. Supplementary Conditions, S. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in tie Table of Contents of the Projeot's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed, b. Field Orders. c. Change Orders. d. better of Final Acceptance. Article 6. INDE, h0WICA.TI'=C1 N 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract, This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, bLjuy act omission or ne li ence of the cit . 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. CITY OP PORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised 09/06/2019 005243-3 Agreement Page 3 of 5 6.7., 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 WDrlc and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended too e„p •ate and be effective evert if it is alleged or proven that all or some of the dama erl, s being sough were caused, in whole or in part, by any act, omission or negligence of the city. Article 'I.1HSCELILANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision, or part of the Contract Documents held to be unconstitutional, void or unenforceable by a count of competent jurisdiction shalt be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including ail of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign, Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. 7.7 Prohibition On Contracts With Companies Boycotting Israel. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited front entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. CITY OF FORT WORTH Sanitary Server Rehabilitation Contect 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised 09/06/2019 00 52 l43 - 9 Agreement Page 4 of 5 The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the 'Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verf~catiort to the City that Contractor. (I) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.8 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work tinder this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that so services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INIDEAC41 +Y CITE' AND HOLD CITY HARWM)GSS IMOM ANY PENALTIES, L)C BILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAORAl'II BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contactor. 7.9 No Third -Party Beneficiaries, This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.10 No Cause of Action Against Engineer. Contractor, it subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer, The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those ditties that belong to the City and/or the City's constructions contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in in connection with their work or any health or safety precautions. SIGNATURE PAGE TO FOLLOW/ CITY or FORT WORTH Sanitary Sewer Rehabilitalion Contract 90— Pan I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised 09/06/2.0I9 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: City of Port Worth William J. Schultz, Inc. dba Circle C Construction Company _ �d� BY: Dana Burghdoff Ct 23, 202017:33 COT) By: I-- a (Signature) Date Teresa S. Skcll ttest: (Printed Name) ,City S (Seal)' Title: President Address: P. 0. Box 40328 500 W. Trammell CitylState/Zip: Port Worth. Texas 76140 Date Dana Burghdoff Assistant City Manager 4, 2020 M&C 2.0 0"10 Date: ®1 Form 1295 No.:LeL` jq%s %i,-, 9h, Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. (NAME) (Title) PA0 L=;,,--r )"A;AJ,4ae-p Approved as to Form and Legality: 31ck (Oct 23, 2020 09:42 COT) Douglas W. Black Assistant City Attorney APPROVAL RECOMMENDED: htD2 L yollfw LhristnOhprH r¢Ar(Oct 22, 2020 t _ Chris Harder, PE., Director Water Department CITY OF FORT w01UH sanitary STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/06/20I9 OFFMAL RECORD'. r CoTV SECUTM WOE e Holy 0061 13 - 1 PERFORMANCE BOND Page I of 2 t BOND NO. TXC612316 2 SECTION 00 6113 3 PERFORMANCE BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: ` 7 COUNTY OF TARRANT § 8 9 That we, William J. Schultz, Inc. dba Circle, C Construction Company known as "Principal" herein 10 and Merchants Bonding Company (Mutual), a corporate surety(sureties, if more than one) duly authorized 11 to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly 12 bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known 13 as "City" herein, in the penal sum of One Million, Eight Hundred Ninety-seven Thousand, Six , 14 Hundred Fifty -Nine and No/100 Dollars ($1,$97,659.00), lawful money of the United States, to be paid 15 in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by 17 these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded the 19 day of , 2020, which Contract is hereby referred to and made a part hereof 20 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 21 defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said 22 Contrast designated as Sanitary Seaver Rehabilitation. Contract No. 90 — Part 1, City Contract No. 23 02382. 24 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 25 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform 26 the Work, including Change Orders, under the Contract, according to the plans, specifications, and 27 contrast documents therein referred to, and as well during any period of extension of the Contract that 28 may be granted on the part of the City, then this obligation shall be and become null and void, otherwise 29 to remain in full force and effect. 30 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant 31 County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No_ 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 A 00 61 13 - 2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas 2 Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the 3 provisions of said statue. 4 IN WITIa1ESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 5 instrument by duly authorized agents and officers on this the 2V' day of � 20 20. 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 ATTEST:. (Principal) Secretary, Michele S. k ord Witness as to Principal Witness as to Surety, John A. Miller PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company BY: Signature Teresa S. Skelly, President Name and Title Address: P. O. Box 40328 Fort Worth, TX 76140 SURETY: Merchants 13oqQn.9 Companv (Mutual BY: !f ignature Sheryl A. Mutts Attorney -in -Fact Name and Title Address: 6700 Westown Parkway West Des Moines IA 50266 Telephone Number: 1-800-678-8171 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. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 0061 14 - 1 PAYMENT BOND Page I of 2 C m IV 0 1 BOND NO. TXC612316 2 SECTION 00 6114 3 PAYMENT BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 That we, William J. Schultz, Inc. dba Circle C Construction CompM known as "Principal" 9 herein, and Merchants Bondin Com an Mutual a corporate surety (sureties), duly authorized to do 10 business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly 11 bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of 12 Texas, known as "City" herein, in the penal sum of One Million, Eight Hundred Ninety -Seven 13 Thousand, Six Hundred�N ne and No/100 ($1897,659 00), lawful money of the United States, to 14 be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we 15 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly 16 by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 day of �a 2020 which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as 20 defined by law, in the prosecution of the Work as provided for in said Contract and designated as 21 Sanitary Sewer Rehabilitation Contract 90 Part 1 City Protect No. 02382 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal 23 shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the 24 Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this 25 obligation shall be and become null and void; otherwise to remain in full force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas 27 Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the 28 provisions of said statute. 29 30 CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 0061 14 - 2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument 2 by duly authorized agents and officers on this 2°1 day of j5, 2020. ATTEST: 1 (Principal) Secretary, Michele Lankfor PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company BY: c�� Signature Teresa S. Skell — Presid Name and Title Address: P. O. Box 40328 Witness as to Principal Fort Worth, TX 76140 SURETY: Merchants Bondi om an (Mutual) ATTEST: BY: Signature She 1 A. Mutts, Attorney -in -Fact (Surety) Sec Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266-7754 4�� Witness as to Surety, John A. iller 3 Telephone Number: 1-800-678-8171 4 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws 5 showing that this person has authority to sign such obligation. If Surety's physical address is different 6 from its mailing address, both must be provided. 7 8 The date of the bond shall not be prior to the date the Contract is awarded. 9 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 -- Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 006119-1 MAINTENANCE BOND Page 1 of 3 s 11 i 1 2 BOND NO. TXC612316 3 SECTION 00 6119 4 MAINTENANCE BOND 5 6 THE STATE OF TEXAS § 7 § KNOW ALL BY THESE PRESENTS: 8 COUNTY OF TARRANT § 9 10 That we, William J. Schultz Inc. dba Circle C Construction Company,CQmparry, known as "Principal" herein 11 and Merchants Bondin . Com an Mutual , a corporate surety (sureties, if more than one) duly 12 authorized to do business in the State of Texas, known as "Surety" herein (whether one or snore), are held 13 and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the 14 State of Texas, known as "City" herein, in the sum of One Million Eight Hundred Nine Seven 15 Thousand. Sig Hundred Fifty -Nine and No/100 ($1,8977 b59 00) lawful money of the United States, to 16 be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be spade unto the 17 City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 18 jointly and severally, firmly by these presents. 19 20 WHEREAS, the Principal has entered into a certain written contract with the City awarded 21 thQ;��day of 2020, which Contract is hereby referred to and 22 a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 23 and other accessories as defined by lave, in the prosecution of the Work, including any Work resulting 24 from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract 25 and designated as Sanita Sewer Rehabilitation Contract 90 Part 1 Ci Proiect No. 023$2- and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance 28 with the plans, specifications and Contract Documents that the Work is and will remain free from defects 29 in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance 30 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 upon 33 receiving notice from the City of the need therefor at any time within the Maintenance Period. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 El W ME 0061 19-2 MAINTENANCE 13OND Page 2 of 3 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any 3 defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, 4 then this obligation shall become null and void; otherwise to remain in full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed 7 defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or 8 reconstructed with all associated costs thereof being borne by the Principal and the Surety under this 9 Maintenance bond; and 10 i 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant 12 County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; 13 and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 16 recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 11 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 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of r 2020. ATTEST: (Principal) Secretary, Michele S. ford Witness as to Principal Witness as to Surety, John A. Miller PRINCIPAL: William J. Schultz, Inc. dba Circle C Construc ' n Company BY: Signature Teresa S. Skelly, President Name and Title Address: P. Q. Box 40328 Fort Worth TX 76I40 SURETY: Sheryl A. Klutts Attorney -in -Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266 Telephone Number: 1-800-678-8171 *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 Sanitary Sewer Rehabilifation, Contract No. 90-- Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 201I MEHANT'S"t�, SOl D .NG COMR(kNY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February 2020 to IV44* r Co �` • �A • - '� MERCHANTS BONDING COMPANY (MUTUAL) � : O� �`�'••,� •+ ��•,��0����MERCHANT NATIONAL BONDING, INC. QI4 -o- CO C3. • _ 1-933 2003 By 7�• '` rr + Td •�� •'•.�....•�� rrr • ' '"''+►� President STATE OF IOWA ,•�r'�►s��sisy*> `4-.e•¢s �a + COUNTY OF DALLAS ss. On this 11th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 4p l Z0, POLLY MASON O Commission Number 750.576 My Commission Expires + �oW • + January 07, 2023 Notary Pubfic (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 20ay of 2020. rrr>r� 0 N4 / ©%P0# •��•: , ' �'` 0 . ;°may'. ` e'er.: � , ti ,. gje; ®� + J-• : - Q- � ■ r. ° Secretary %psi• . • �� •' `" ,,i�;' . . •'�� a rr, y/'•�. •'`• e� rrr •iy �' a POA 0018 (1/20) M& A ECANr BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498 , DES MOINES, IOWA 50306-3498 � (800) 678-8171 • (515) 243-38S4 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515)243-8.171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2I15) Policy #CPP100051064 COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED © OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENTWITH YOU ® ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM bk;HkUULh UP flVNAL (dame of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule. if not shnwn ahnvP. will he Ghnwn in tha r)ar.Inrstinnc 1 A. Section II — Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 1 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A. I.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV — Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an 'Occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit' that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 2 of 3 Copyright 2013 FCCI Insurance Group. COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 084 (10 13) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Page 3 of 3 Copyright 2013 FCCI Insurance Group. Policy #CPP100051064 FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AdditionalInsured Coverage...................................................................................................................................... 9 BailBonds................................................................................................................................................................... 9 BlanketWaiver of Subrogation................................................................................................................................. 14 Bodily Injury and Property Damage........................................................................................................................... 1 Care, Custody or Control............................................................................................................................................ 3 Contractors Errors and Omissions............................................................................................................................. 6 Contractual Liability (Personal & Advertising Injury).................................................................................................. 2 ElectronicData Liability.............................................................................................................................................. 1 GeneralLiability Conditions...................................................................................................................................... 13 IncidentalMalpractice................................................................................................................................................. 9 Insured........................................................................................................................................................................ 9 Limited Product Withdrawal Expense........................................................................................................................ 3 Limitsof Insurance ................ ................................................................................................................................... 11 Lossof Earnings......................................................................................................................................................... 9 LostKey Coverage.............................................................................................. Newly Formed or Acquired Organizations............................................................................................................... 11 Non -Owned Watercraft.............................................................................................................................................. 1 Property Damage Liability — Borrowed Equipment.................................................................................................... 1 Tenant's Property and Premises Rented To You...................................................................................................... 8 VoluntaryProperty Damage....................................................................................................................................... 2 Policy #CPP100051064 COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENOORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or intended Injury, is replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Non -owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. The most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $10,000. We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V — DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. 'Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; 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; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the 'occurrence" that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I — COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted. SECTION I — COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 9. Insuring Agreement We will pay, at your request, for "property damage" caused by an 'occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one 'occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LiMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard"; e. Motor vehicles; f. "Your product" arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. if you area "seller", we will reimburse you for "product withdrawal expenses" associated with "your product" incurred because of a "product withdrawal' to which this insurance applies. The amount of such reimbursement is limited as described in SECTION IiI - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us Within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product'; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product". (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal'; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product" which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND O➢UIISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product", "your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory' during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. `Bodily injury" or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) 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 or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage" to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. n. Any liability for "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost (Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust lacks to accept new keys; or c. Cost of new locks, if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting loss of use; or c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation; 2) Concealment; 3) Conversion; 4) Fraud; or 5) Dishonesty. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 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 applies. We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. 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 $500 a day because of time off from work. SECTION it — WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (1) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to "bodily injury" or "property damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor 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 that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 14 Copyright 2015 ECCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; e. Care, Custody or Control damages under Coverage E.: and f. Lost Key Coverage under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 11 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7, is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C. for all medical expenses because of "bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. B. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" in any one -policy period, regardless of the number of insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one occurrence is $50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Paragraph 14. is added as follows: 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or CGL 088 (01 15) Includes copyrighted material of the insurance Services Office, Inc., with its permission. Page 12 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer' or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an 'occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following: 6. Representations CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 14 Copyright 2015 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (01 15) By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" under the following conditions: a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement; b) Only as to the persontentity as to whom you are required by the contract to waive rights of recovery; and c) Only if the contract or agreement is in effect during the term of this policy, and was executed by you prior to the loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 14 Copyright 2015 FCCI Insurance Group Policy #CAA 100051065 COMMERCIAL AUTO CAU 058 (05 19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II — COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household CAU 058 (0519) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 4 Copyright 2018 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (05 19) h. Your members, if you area limited liability company, while using a covered "auto' you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your"employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION III -- PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a total maximum of $1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos'; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 4 Copyright 2018 FOCI Insurance Group. COMMERCIAL AUTO CAU 058 (05 19) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto' is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto', we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto' is a covered "auto" under this coverage form and the loss payee of the covered "auto' is named a loss payee under this policy, in the event of a total loss to the covered "auto', we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the "loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss". ®. Section D. (Deductible is deleted and replaced by the following: D. Deductible For each covered "auto', our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2018 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (05 19) (3) Glass damage if repaired rather than replaced. SECTION Id— BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or "loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Paragraph b. of Condition ,. Other Insurance under section S. General Conditions is deleted and replaced by 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 "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (0519) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2018 FCCI Insurance Group. Policy #CAA100051065 COMMERCIAL AUTOMOBILE CAU 082 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC INSURE® - BUSINESS AUTO POLICY PRIMARY/NON-CONTRIBUTING WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following: 1. Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured" without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 Copyright 2015 FCCI insurance Group. Tepxvasmutu @ WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B Insured copy 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 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 8112120 at 12:01 a.m. standard time, forms a part of: Policy no. 0002051085 of Texas Mutual Insurance Company effective on 8112120 Issued to: WILLIAM J SCHULTZ INC DBA: CIRCLE C CONSTRUCTION COMPANY This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 Authorized representative 8111/20 WC420304B 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 1 SECTION 00 6125 2 CERTIFICATE OF INSURANCE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 I Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 STANDARD GENERAL CONDI`I`IONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mamh9,2020 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology.......................................................................................................... I 1.01 Defined Terms........................................................................................................... ...........1 1.02 Terminology..................................................................................................................................6 Article 2 — Preliminary Matters......................................................................................................................... 7 2.01 Copies of Documents.................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed................................................................ 7 2.03 Starting the Work.......................................................................................................................... 8 2.04 Before Starting Construction........................................................................................................ 8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting.............................................................................................................................. 8 2.07 Initial Acceptance of Schedules.................................................................................................... 8 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................11 Article 4 Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 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 .......... 6.01 Supervision and Superintendence. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 .........................................................I...........................19 .....................................................................................19 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 Indemnification......................................................................................................................... 33 6.22 Delegation of Professional Design Services.............................................................................. 34 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination.......................................................................................................................35 Article7 - 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: Marh9,2020 Article 10 - Changes in the Work; Claims; Extra Work................................................................................ 38 10.01 Authorized Changes in the Work............................................................................................... 38 1 10.02 Unauthorized Changes in the Work........................................................................................... 39 10.03 Execution of Change Orders....................................................................................................... 39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety.................................................................................................................. 39 10.06 Contract Claims Process............................................................................................................. 40 Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ...................... 41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances.................................................................................................................................. 43 11.03 Unit Price Work.......................................................................................................................... 44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12 - Change of Contract Price; Change of Contract Time................................................................. 46 12.01 Change of Contract Price............................................................................................................ 46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays.......................................................................................................................................... 47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48 13.01 Notice of Defects........................................................................................................................48 13.02 Access to Work........................................................................................................................... 48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................ 50 13.07 Correction Period........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 City May Correct Defective Work............................................................................................. 51 Article 14 - Payments to Contractor and Completion............................................................... 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progress Payments...................................................................................................................... 52 14.03 Contractor's Warranty of Title................................................................................................... 54 14.04 Partial Utilization........................................................................................................................ 55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................ 56 14.09 Waiver of Claims........................................................................................................................ 57 Article 15 - Suspension of Work and Termination........................................................................................ 57 15.01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause................................................................................................... 58 15.03 City May Terminate For Convenience ............................................. 60 Article 16 - Dispute Resolution...................................................................................................................... 61 16.01 Methods and Procedures............................................................................................................. 61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOC:U FNTS Revision: Mffieh 9, 2020 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: Mach9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1— DEFEWTIOh1S 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. fi. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder —The individual or entity who submits a Bid directly to City. 8. Bidding Documents The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 2 of 63 12. Change Order A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City-- The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 14. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 18. Contract —The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19. Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22. Contractor The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mawh 9, 2020 00 i2 00 - 1 GENERAL CONDITIONS Page 3 of 63 24. 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. 25. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 26. 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. 27. Director of Parks and Community Services --- The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30, Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 32. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 33. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 34. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 35. Field Order — A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 36. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mxch 9, 2020 007200-1 GENERAL CONDITIONS Page 4 of 63 37. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 38. General Requirements ----Sections of Division 1 of the Contract Documents. 39. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 40. Hazardous Waste Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 41. Laws and Regulations --Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 42. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 44. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 45. Notice of Award The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 46. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 47. PCBs ----Polychlorinated biphenyls. 48. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 49. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - I GENERAL CONDITIONS Page 5 of 63 50. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 51. Project —The Work to be performed under the Contract Documents. 52. Project Manager —The authorized representative of the City who will be assigned to the Site. 53. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 54. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 55. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 56. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 57. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 58. Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 59. Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 60. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 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. 61. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; M=h 9, 2020 007200-1 GENERAL CONDITIONS Page 6 of 63 62. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 63. Successful Bidder The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 64. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 65. Supplementary Conditions That part of the Contract Documents which amends or supplements these General Conditions. 66. Supplier A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 67. Underground Facilities ---All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 68 Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 69. Weekend Working Hours Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 70. Work The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 71. Working Day A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mmh 9, 2020 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 detelnunation 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 — PRELLM LINARY 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 no earlier than 14 days after the Effective Date of the Agreement, unless agreed to by both parties in writing. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mmah9,2020 00 72 00 - 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 ran. 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: Mawh9, 2020 00 72 00 -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: Maieh9,2020 007200-] 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: 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 6.1 S.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 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: March9, 2020 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 on-line electronic document management and collaboration system site. Files in electronic media format of text, data, graphics, or other types are famished only for the convenience of the receiving parry. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring parry 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 ofLands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 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 famish 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: Mash 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1, the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: N4xch9,2020 00 72 00 - 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; March 9, 2020 00 72 00 - 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: Mamki 9, 2020 00 72 00 -1 GENERAL CONDITIONS Page IS 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: Mamh9,2020 00 72 00 - 1 GENERAL CONDITIONS Page 16 of 63 ARTICLE 5 — BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (other evidence of insurance requested by City or any other additional insured) in at least the minimum amount as specified in the Supplementary Conditions 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: Mawh%2020 00 72 00 - 1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mmeh9,2020 007200-1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability_ Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts 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: March9,2020 007200-1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Maeh9,2020 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: 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: Maa h 9, 2020 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. 1 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. "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; CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: ]Mach 9, 2020 007200-I GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 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: March9,2020 00 72 00 - I GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March9,2020 007200-I GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. 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: Match9, 2020 007200-1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March%2020 00 72 00 - 1 GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the 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: Mamh%2020 007200-1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not Iimited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mamb 9, 2020 007200-1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxfonns/93-fortns.htnd 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 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: March 9, 2020 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: March 9, 2020 00 72 00 - 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; Mm-ch9,2020 00 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. L. 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. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Maah9,2020 0a 72 0a 1 GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City'sReview: 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 Contractors 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: I. 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: Matoh9,2020 007200-1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: l . observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS MENViMCATION PROVISION IS SPECIFICALLY ELATE -LADED TO OPERATE An BE EFFECTIVE EVEN IF IT IS_ALLEGED-011-PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR Il l PART. BY ANY ACT. ONIISSION 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 MEMNIFICATION PROVISION I5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 007200-1 GENERAL CONDITIONS Page 34 or63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTWE EVERT IF IT IS ,ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. Ili WHOLE OR IN PART. BY ANY ACT, OMISSION OR NEalGENLE 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: Mmrh 9,2020 00 72 00 -1 GENERAL CONDITIONS Page 35 of63 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: March 9, 2020 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: the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.05 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: Mach 9, 2020 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 identified in the Supplementary Conditions. 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 detelnune, 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 FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: M=h9,2020 007200-I 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 Determinations for 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 WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work, B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mxch9, 2020 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: 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: Mamh%2020 00 72 00 - t 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 Claire, 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: Mmh9,2020 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 WORD; 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 11.0l .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 Iegal 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. 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: March 9, 2020 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. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mamh9,2020 00 72 00 - I GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph I1.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 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 11.013, 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 -hid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - I 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. 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: Mah 9, 2020 007200-1 GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 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: Mash 9, 2020 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: 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 11.0l.A.1, 11.0l.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 11.0l .A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 007200-I GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0 LA.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mawh9,2020 007200- i GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORD 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mazch9,2020 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: Mawh 9, 2020 007200-I GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the 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: Man;h 9, 2020 007200-1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance ofDefective 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: Mash 9, 2020 00 72 00 - I 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: 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: Mawh9, 2020 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: March 9, 2020 007200-1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A, C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the 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: March 4, 2020 007200-1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its 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 WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mach9,2020 007200-I 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: ?A=h 9, 2020 007200-1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. 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: M=h9,2020 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 oflimitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011established 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; M=h9,2020 00 72 00 - I GENERAL CONDITIONS Page 59 of 63 obligations, then. City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mamh 9, 2020 00 72 00 - t 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; I place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4, transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - I GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the 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: Mxch 9, 2020 007200-I GENERAL CONDMONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other parry of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — NUSCELLANEOUS 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 parry. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving parry. 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: Mawh 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 63 of 63 1 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 SPECWICATION DOCUMENTS Revision: Manh9,2020 00 73 00 SUPPLEMENTARY CONDITIONS SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions Page 1 of 6 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of June 2020 Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER NUMBER None TARGET DATE OF POSSESSION The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, "Availability of Lands" CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 6 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 June 2020 EXPECTED UTILITY AND LOCATION OWNER None TARGET DATE OF ADJUSTMENT 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 Cores Sample Report prepared by City of Fort Worth TIP Soil Lab are included in the contract documents. 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: Hazen and Sawyer (3) Other: None SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. 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" CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 6 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250, 000 Bodily Injury per person / $500, 000 Bodily Injury per accident / $100, 000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks None. X The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: — Required for this Contract $Confirm Limits with Railroad $Confirm Limits with Railroad X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 6 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of -way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at - grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier 3 for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: CFW Horizontal Wage Rate Table A copy of the table is also available by accessing the City's website at: httys://aloys.fortworthtexas.gov/ProiectResources/ You can access the file by following the directory path: 02-Construction Documents/Specifications/DiV00 — General Conditions SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: City of Fort Worth Streets Permit SC-6.09B. "City obtained permits and licenses" CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 6 The following are known permits and/or licenses required by the Contract to be acquired by the City: None 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 June 2020: Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authority None SC-8.01, "Communications to Contractor" None SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Walter Norwood, PE, or his/her successor pursuant to written notification from the Director of Water Department. SC-13.03C., "Tests and Inspections" Paving SC-16.01C.1, "Methods and Procedures" None CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 6 END OF SECTION 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. 319l2020 D.V. Magana SC-6.07, Updated the link such that files can be accessed via the City's website. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02392 Revised March 9, 2020 u 011100-1 SUMMARY OF WORK Page 1 of 3 t I SECTION 01 11 00 2 SUMMARY OF WORD 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 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights -of -way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90—Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 011100-2 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 famished 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 01 11 00 - 3 SUMMARY OF WORK Page 3 of 3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED1 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 CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 1 A. SECTION 0125 00 2 3 PART2- GENERAL 4 2.1 SUMMARY SUBSTITUTION PROCEDURES 01 25 00 - 1 SUBSTITUTION PROCEDURES Page 1 of 4 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 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 2.2 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 2.3 REFERENCES [NOT USED] 24 2.4 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, 41 b. Contractor proposes a cost and/or time reduction incentive to the City. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised duly I, 2011 01 25 00 - 2 SUBSTITUTION PROCEDURES Page 2 of 4 1 2.5 SUBMITTALS 2 A. See Request for Substitution Form (attached) 3 B. Procedure for Requesting Substitution 4 1. Substitution shall be considered only: 5 a. After award of Contract 6 b. Under the conditions stated herein 7 2. Submit 3 copies of each written request for substitution, including: 8 a. Documentation 9 1) Complete data substantiating compliance of proposed substitution with 10 Contract Documents 11 2) Data relating to changes in construction schedule, when a reduction is 12 proposed 13 3) Data relating to changes in cost 14 b. For products 15 1) Product identification 16 a) Manufacturer's name 17 b) Telephone number and representative contact name 18 c) Specification Section or Drawing reference of originally specified 19 product, including discrete name or tag number assigned to original 20 product in the Contract Documents 21 2) Manufacturer's literature clearly marked to show compliance of proposed 22 product with Contract Documents 23 3) Itemized comparison of original and proposed product addressing product 24 characteristics including, but not necessarily limited to: 25 a) Size 26 b) Composition or materials of construction 27 c) Weight 28 d) Electrical or mechanical requirements 29 4) Product experience 30 a) Location of past projects utilizing product 31 b) Name and telephone number of persons associated with referenced 32 projects knowledgeable concerning proposed product 33 c) Available field data and reports associated with proposed product 34 5) Samples 35 a) Provide at request of City. 36 b) Samples become the property of the City. 37 c. For construction methods: 38 1) Detailed description of proposed method 39 2) Illustration drawings 40 C. Approval or Rejection 41 1. Written approval or rejection of substitution given by the City 42 2. City reserves the right to require proposed product to comply with color and pattern 43 of specified product if necessary to secure design intent. 44 3. In the event the substitution is approved, the resulting cost and/or time reduction 45 will be documented by Change Order in accordance with the General Conditions. 46 4. No additional contract time will be given for substitution. 47 5. Substitution will be rejected if: CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 012500-3 SUBSTITUTION PROCEDURES . Page 3 of 4 1 a. Submittal is not through the Contractor with his stamp of approval 2 b. Request is not made in accordance with this Specification Section 3 c. In the City's opinion, acceptance will require substantial revision of the original 4 design 5 d. In the City's opinion, substitution will not perform adequately the function 6 consistent with the design intent 7 2.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 8 2.7 CLOSEOUT SUBMITTALS [NOT USED] 9 2.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 2.9 QUALITY ASSURANCE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: l . Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 2.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2.11 FIELD [SITE] CONDITIONS [NOT USED] 2.12 WARRANTY [NOT USED] PART 3 - PRODUCTS [NOT USED] PART 4 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 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 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: 01 25 00 - 4 SUBSTITUTION PROCEDURES Page 4 of 4 PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm _ Address Date Telephone For Use by City: Approved City CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Recommended Recommended Not recommended _Received late By Date Remarks Date Rejected Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 02382 r 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 01 31 19 PRECONSTRUCTION MEETING 01 31 19 - 1 PRECONSTRUCTION MEETING Page 1 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 [MOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised August 17, 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 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 jj. Questions or Comments CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 -- Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised August 17, 2012 01 31 19 - 3 PRECONSTRUCTION MEETING Page 3 of 3 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 [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 CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised August 17, 2012 013120-1 PROJECT MEETINGS Pagel of 3 t 1 SECTION 013120 2 PROJECT MEETINGS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1— General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference_ 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B. Pre -Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of meeting to be determined by the City. 3. Attendees a. Contractor CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Partl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 013120-2 PROJECT MEETINGS Page 2 of 3 1 b. Project Representative 2 c. Other City representatives 3 4. Meeting Schedule 4 a. In general, the neighborhood meeting will occur within the 2 weeks following 5 the pre -construction conference. 6 b. In no case will construction be allowed to begin until this meeting is held. 7 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings will be 9 scheduled and administered by Project Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as - II needed basis. Such additional meetings shall include, but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 16 e. Equipment approval 17 3. The Project Representative will preside at progress meetings, prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 e. City's representatives 28 f. Others, as requested by the Project Representative 29 5. Preliminary Agenda may include: 30 a. Review of Work progress since previous meeting 31 b. Field observations, problems, conflicts 32 c. Items which impede construction schedule 33 d. Review of off -site fabrication, delivery schedules 34 e. Review of construction interfacing and sequencing requirements with other 35 construction contracts 36 f. Corrective measures and procedures to regain projected schedule 37 g. Revisions to construction schedule 38 h. Progress, schedule, during succeeding Work period 39 i. Coordination of schedules 40 j. Review submittal schedules 41 k. Maintenance of quality standards 42 1. Pending changes and substitutions 43 m. Review proposed changes for: 44 1) Effect on construction schedule and on completion date 45 2) Effect on other contracts of the Project 46 n. Review Record Documents 47 o. Review monthly pay request 48 p. Review status of Requests for Information CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Partl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 013120-3 PROJECT MEETINGS Page 3 of 3 1 6. Meeting Schedule 2 a. Progress meetings will be held periodically as determined by the Project 3 Representative. 4 1) Additional meetings may be held at the request of the: 5 a) City 6 b) Engineer 7 c) Contractor 8 7. Meeting Location 9 a. The City will establish a meeting location. 10 1) To the extent practicable, meetings will be held at the Site. 11 1.5 SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 13 1.7 CLOSEOUT SUBMITTALS [NOT USED] 14 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 15 1.9 QUALITY ASSURANCE [NOT USED] 16 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 17 1.11 FIELD [SITE] CONDITIONS [NOT USED] 18 1.12 WARRANTY [NOT USED] 19 PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 22 23 END OF SECTION Revision Log DATE NAME I SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90—Partl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 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 — General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1- No schedule submittal required by contract. Small, brief duration 23 projects 24 b. Tier 2 - No schedule submittal required by contract, but will require some 25 milestone dates. Small, brief duration projects 26 c. Tier 3 - Schedule submittal required by contract as described in the 27 Specification and herein. Majority of City projects, including all bond program 28 projects 29 d. Tier 4 - Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e. Tier 5 - Schedule submittal required by contract as described in the 34 Specification and herein. Large and/or very complex projects with long 35 durations, high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule - Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. 39 3. Progress Schedule - Monthly submittal of a progress schedule documenting 40 progress on the project and any changes anticipated. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 32 16 - 2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 4. Schedule Narrative - Concise narrative of the schedule including schedule 2 changes, expected delays, key schedule issues, critical path items, etc 3 B. Reference Standards 4 1. City of Fort Worth Schedule Guidance Document 5 1.4 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 Sanitary Sewer Rehabilitation, Contract No. 90 --- Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 32 16 - 3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 D. The Contract completion time will be adjusted only for causes specified in this 2 Contract. 3 a. Requests for an extension of any Contract completion date must be 4 supplemented with the following: 5 1) Furnish justification and supporting evidence as the City may deem 6 necessary to determine whether the requested extension of time is entitled 7 under the provisions of this Contract. 8 a) The City will, after receipt of such justification and supporting 9 evidence, make findings of fact and will advise the Contractor, in 10 writing thereof. 11 2) If the City finds that the requested extension of time is entitled, the City's 12 determination as to the total number of days allowed for the extensions 13 shall be based upon the approved total baseline schedule and on all data 14 relevant to the extension. 15 a) Such data shall be included in the next updating of the Progress 16 schedule. 17 b) Actual delays in activities which, according to the Baseline schedule, 18 do not affect any Contract completion date shown by the critical path in 19 the network will not be the basis for a change therein. 20 2. Submit each request for change in Contract completion date to the City within 30 21 days after the beginning of the delay for which a time extension is requested but 22 before the date of final payment under this Contract. 23 a. No time extension will be granted for requests which are not submitted within 24 the foregoing time limit. 25 b. From time to time, it may be necessary for the Contract schedule or completion 26 time to be adjusted by the City to reflect the effects of 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part l ,STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 32 16 - 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02392 Revised July 1, 2011 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE 5 A. The person preparing and revising the construction Progress Schedule shall be 6 experienced in the preparation of schedules of similar complexity. 7 B. Schedule and supporting documents addressed in this Specification shall be prepared, 8 updated and -revised to accurately reflect the performance of the construction. 9 C. Contractor is responsible for the quality of all submittals in this section meeting the 10 standard of care for the construction industry for similar projects. 11 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.11 FIELD [SITE] CONDITIONS [NOT USED] 13 1.12 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS [NOT USED] 15 16 17 18 I PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 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: 11 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH Sanitary Sewer Rehahititation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 33 00 - 1 SUBMITTALS Page 1 of 8 9 1 2 3 PART 1- GENERAL 4 1.1 SUMMARY SECTION 0133 00 SUBMITTALS 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 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 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 013300-2 SUBMITTALS Page 2 of 8 1 d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 11 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission (second resubmission) of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings, product data and samples, including those by 22 subcontractors, prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) `By this submittal, I hereby represent that I have determined and verified 33 field measurements, field construction criteria, materials, dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 % inches x 11 inches to 8 % inches x 11 inches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items / Table of Contents 44 c. Product Data /Shop Drawings/Samples /Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 01 33 00 - 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 01 33 00 - 4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational -range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare -parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include, but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on -site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work, materials, fabrication, and installations in conformance 26 with approved shop drawings, applicable samples, and product data. 27 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site, or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned, Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 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 47 48 49 01 33 00 - 6 SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non -conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than I resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 01 33 00 - 7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 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 SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 36 1.11 FIELD [,SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02392 Revised December 20, 2012 01 33 00 - 8 SUBMITTALS Page 8 of 8 1 PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 O13513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 I SECTION 013513 2 SPECIAL PROJECT PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of Engineers 15 i. Coordination within Railroad permits areas 16 j. Dust Control 17 k. Employee Parking 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. None, 20 C. Related Specification Sections include, but are not necessarily limited to: 21 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 22 2. Division 1 General Requirements 23 3. Section 33 12 25 — Connection to Existing Water Mains 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Coordination within Railroad permit areas 27 a. Measurement 28 1) Measurement for this Item will be by lump sum. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 will be paid for at the lump sum price bid for Railroad Coordination. 32 c. The price bid shall include: 33 1) Mobilization 34 2) Inspection 35 3) Safety training 36 4) Additional Insurance 37 5) Insurance Certificates 38 6) Other requirements associated with general coordination with Railroad, 39 including additional employees required to protect the right-of-way and 40 property of the Railroad from damage arising out of and/or from the 41 construction of the Project. 42 2. Railroad Flagmen CITY OF FORT WORTH Sanitary sewer Rehabilitation, Contract No. 90 — Partl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 0135 13 - 2 SPECIAL PROJECT PROCEDURES Page 2 of 8 1 a. Measurement 2 1) Measurement for this Item will be per working day. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 will be paid for each working day that Railroad Flagmen are present at the 6 Site. 7 c. The price bid shall include: 8 1) Coordination for scheduling flagmen 9 2r Flagmen 10 3) Other requirements associated with Railroad 11 3. All other items 12 a. Work associated with these Items is considered subsidiary to the various Items 13 bid. No separate payment will be allowed for this Item. 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this Specification refer to the current reference 17 standard published at the time of the latest revision date logged at the end of this 18 Specification, unless a date is specifically cited. 19 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 20 High Voltage Overhead Lines. 21 3. North Central Texas Council of Governments (NCTCOG) Clean Construction 22 Specification 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Coordination with the Texas Department of Transportation 25 1. When work in the right-of-way which is under the jurisdiction of the Texas 26 Department of Transportation (TxDOT): 27 a. Notify the Texas Department of Transportation prior to commencing any work 28 therein in accordance with the provisions of the permit 29 b. All work performed in the TxDOT right-of-way shall be performed in 30 compliance with and subject to approval from the Texas Department of 31 Transportation 32 B. Work near High Voltage Lines 33 1. Regulatory Requirements 34 a. All Work near High Voltage Lines (snore than 600 volts measured between 35 conductors or between a conductor and the ground) shall be in accordance with 36 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 37 2. Warning sign 38 a. Provide sign of sufficient size meeting all OSHA requirements. 39 3. Equipment operating within 10 feet of high voltage lines will require the following 40 safety features 41 a. Insulating cage -type of guard about the boom or arm 42 b. Insulator links on the lift hook connections for back hoes or dippers 43 c. Equipment must meet the safety requirements as set forth by OSHA and the 44 safety requirements of the owner of the high voltage lines 45 4. Work within 6 feet of high voltage electric lines CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Partl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 1 a. Notification shall be given to: 2 1) The power company (example: ONCOR) 3 a) Maintain an accurate log of all such calls to power company and record 4 action taken in each case. 5 b. Coordination with power company 6 1) After notification coordinate with the power company to: 7 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 8 lower the lines 9 c. No personnel may work within 6 feet of a high voltage line before the above 10 requirements have been met. 11 C. Confined Space Entry Program 12 1. Provide and follow approved Confined Space Entry Program in accordance with 13 OSHA requirements. 14 2. Confined Spaces include: 15 a. Manholes 16 b. All other confined spaces in accordance with OSHA's Permit Required for 17 Confined Spaces 18 D. Air Pollution Watch Days 19 1. General 20 a. Observe the following guidelines relating to working on City construction sites 21 on days designated as "AIR POLLUTION WATCH DAYS". 22 b. Typical Ozone Season 23 1) May 1 through October 31. 24 c. Critical Emission Time 25 1) 6:00 a.m. to 10:00 a.m. 26 2. Watch Days 27 a. The Texas Commission on Environmental Quality (TCEQ), in coordination 28 with the National Weather Service, will issue the Air Pollution Watch by 3:00 29 p.m, on the afternoon prior to the WATCH day. 30 b. Requirements 31 1) Begin work after 10:00 a.m, whenever construction phasing requires the 32 use of motorized equipment for periods in excess of 1 hour. 33 2) However, the Contractor may begin work prior to 10:00 a.m, if: 34 a) Use of motorized equipment is less than 1 hour, or 35 b) If equipment is new and certified by EPA as "Low Emitting", or 36 equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or 37 alternative fuels such as CNG. 38 E. TCEQ Air Permit 39 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. 40 F. Use of Explosives, Drop Weight, Etc. 41 1. When Contract Documents permit on the project the following will apply: 42 a. Public Notification 43 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 44 prior to commencing. 45 2) Minimum 24 hour public notification in accordance with Section 0131 13 N 46 G. Water Department Coordination CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Partl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 01 35 13 - 4 SPECIAL PROJECT PROCEDURES Page 4 of 8 1 1. During the construction of this project, it will be necessary to deactivate, for a 2 period of time, existing lines. The Contractor shall be required to coordinate with 3 the Water Department to determine the best times for deactivating and activating 4 those lines. 5 2. Coordinate any event that will require connecting to or the operation of an existing 6 City water line system with the City's representative. 7 a. Coordination shall be in accordance with Section 33 12 25. 8 b. If needed, obtain a hydrant water meter from the Water Department for use 9 during the life of named project. 10 c. In the event that a water valve on an existing live system be turned off and on 11 to accommodate the construction of the project is required, coordinate this 12 activity through the appropriate City representative. 13 1) Do not operate water line valves of existing water system. 14 a) Failure to comply will render the Contractor in violation of Texas Penal 15 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 16 will be prosecuted to the full extent of the law. 17 b) In addition, the Contractor will assume all liabilities and 18 responsibilities as a result of these actions. 19 H. Public Notification Prior to Beginning Construction 20 1. Prior to beginning construction on any block in the project, on a block by block 21 basis, prepare and deliver a notice or flyer of the pending construction to the front 22 door of each residence or business that will be impacted by construction. The notice 23 shall be prepared as follows: 24 a. Post notice or flyer 7 days prior to beginning any construction activity on each 25 block in the project area. 26 1) Prepare flyer on the Contractor's letterhead and include the following 27 information: 28 a) Name of Project 29 b) City Project No (CPN) 30 c) Scope of Project (i.e. type of construction activity) 31 d) Actual construction duration within the block 32 e) Name of the contractor's foreman and phone number 33 f) Name of the City's inspector and phone number 34 g) City's after-hours phone number 35 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 36 A. 37 3) Submit schedule showing the construction start and finish time for each 38 block of the project to the inspector. 39 4) Deliver flyer to the City Inspector for review prior to distribution. 40 b. No construction will be allowed to begin on any block until the flyer is 41 delivered to all residents of the block. 42 1. Public Notification of Temporary Water Service Interruption during Construction 43 1. In the event it becomes necessary to temporarily shut down water service to 44 residents or businesses during construction, prepare and deliver a notice or flyer of 45 the pending interruption to the front door of each affected resident. 46 2. Prepared notice as follows: 47 a. The notification or flyer shall be posted 24 hours prior to the temporary 48 interruption. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Partl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 013513-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 I b. Prepare flyer on the contractor's letterhead and include the following 2 information: 3 1) Name of the project 4 2) City Project Number 5 3) Date of the interruption of service 6 4) Period the interruption will take place 7 5) Name of the contractor's foreman and phone number 8 6) Name of the City's inspector and phone number 9 c. A sample of the temporary water service interruption notification is attached as 10 Exhibit B. 11 d. Deliver a copy of the temporary interruption notification to the City inspector 12 for review prior to being distributed. 13 e. No interruption of water service can occur until the flyer has been delivered to 14 all affected residents and businesses. 15 f. Electronic versions of the sample flyers can be obtained from the Project 16 Construction Inspector. 17 J. Coordination with United States Army Corps of Engineers (USACE) 18 1. At locations in the Project where construction activities occur in areas where 19 USACE permits are required, meet all requirements set forth in each designated 20 permit. 21 K. Coordination within Railroad Permit Areas 22 1. At locations in the project where construction activities occur in areas where 23 railroad permits are required, meet all requirements set forth in each designated 24 railroad permit. This includes, but is not limited to, provisions for: 25 a. Flagmen 26 b. Inspectors 27 c. Safety training 28 d. Additional insurance 29 e. Insurance certificates 30 f. Other employees required to protect the right-of-way and property of the 31 Railroad Company from damage arising out of and/or from the construction of 32 the project. Proper utility clearance procedures shall be used in accordance 33 with the permit guidelines. 34 2. Obtain any supplemental information needed to comply with the railroad's 35 requirements. 36 3. Railroad Flagmen 37 a. Submit receipts to City for verification of working days that railroad flagmen 38 were present on Site. 39 L. Dust Control 40 1. Use acceptable measures to control dust at the Site. 41 a. If water is used to control dust, capture and properly dispose of waste water. 42 b. If wet saw cutting is performed, capture and properly dispose of slurry. 43 M. Employee Parking 44 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Partl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of 8 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 [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 8/31/2012 D. Johnson 1 A.$ — 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Partl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 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 01 35 13 - 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 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES OIL OR AROUND YOUR PROPERTY. CONSTRICTION WILL BEGIN APPROXIMA1 ELY SEVEN MAYS 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.> Mr. CCITY INSPECTOR> AT C TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 Sanitary Sewer Rehabilitation, Contract No. 90 — Partl 02382 1 EXHIBIT B 0) 3 4 LO xr WORT PAR 01 35 13 - 8 SPECIAL PROJECT PROCEDURES Page 8 of 8 RM NO. XXIM I3 Imo: NOTICE OF TEMPORARY WATFA SKRVICE 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 SUPERINTENDENIT) (TELEPHONE NUMBER) OR MR. (CITY INSPECTOR) AT (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR CITY OF FORT WORTI4 Sanitary Sewer Rehabilitation, Contract No. 90 — Partl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 01 45 23 TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2- Division I — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's document management system, or another external FTP site approved by the City. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 014523 TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 3/9/2020 D.V. Magana Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02392 Revised March 9, 2020 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page] of4 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 A. Temporary Utilities 25 1. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 015000-2 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 5000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION 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 [oR] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 310 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 1 2 3 4 5 8 015000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of4 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 015526-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Pagel of3 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 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor's responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13, 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor's responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City's Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.9 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised duly 1, 2011 01 55 26 - 3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 015713-1 STORM WATER POLLUTION PREVENTION Page 1 of 3 I SECTION 0157 13 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 I 1 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 57 13-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 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 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 jab 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) TXRI50000 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 42 43 44 45 46 47 A. SWPPP 1. Submit in accordance with Section 0133 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 i n 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 0133 00. 4 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2 - PRODUCTS [NOT USED] 12 PART 3 - EXECUTION [NOT USED] 13 14 15 END OF SECTION IRevision Log ] DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 015813-1 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. 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 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 [ox] 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 58 13 - 2 TEMPORARY PROJECT SICrNAGE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3 - EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed, upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD[OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 END OF SECTION 31 CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 201I 015813-3 TEMPORARY PROJECT SIGNAGE Page of Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 60 00 PRODUCT REQUIREMENTS Page 1 of 2 SECTION 0160 00 PRODUCT REQUIREMENTS PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is available through the City's website at: https:l/apps.fortworthtexas.gov/ProjectResources/ and following the directory path; 02 - Construction Documents/Standard Products List B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section 0133 00 for submittal requirements of Product Data included on City's Standard Product List. La 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] CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 01 60 00 PRODUCT REQUIREMENTS Page 2 of 2 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 10/12/12 D. Johnson Modified Location of City's Standard Product List 3/9/2020 D.V. Magana Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised March 9, 2020 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART 1- 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 I — 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02392 Revised July 1, 2011 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 6600-3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 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 1 RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non -Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 314 ATTACHMENTS [NOT USED1 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised Atly 1, 2011 016600-4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 0170 00 - I MOBILIZATION AND REMOBILIZATION Page 1 of 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Mobilization and Demobilization 7 a. Mobilization 8 1) Transportation of Contractor's personnel, equipment, and operating supplies 9 to the Site 10 2) Establishment of necessary general facilities for the Contractor's operation 11 at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor's personnel, equipment, and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor's operation 16 from 1 location to another location on the Site. 17 b. Demobilization 18 1) Transportation of Contractor's personnel, equipment, and operating supplies 19 away from the Site including disassembly 20 2) Site Clean-up 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract. 25 2. Remobilization 26 a. Remobilization for Suspension of Work specifically required in the Contract 27 Documents or as required by City includes: 28 1) Demobilization 29 a) Transportation of Contractor's personnel, equipment, and operating 30 supplies from the Site including disassembly or temporarily securing 31 equipment, supplies, and other facilities as designated by the Contract 32 Documents necessary to suspend the Work. 33 b) Site Clean-up as designated in the Contract Documents 34 2) Remobilization 35 a) Transportation of Contractor's personnel, equipment, and operating 36 supplies to the Site necessary to resume the Work. 37 b) Establishment of necessary general facilities for the Contractor's 38 operation at the Site necessary to resume the Work. 39 3) No Payments will be made for: 40 a) Mobilization and Demobilization from one location to another on the 41 Site in the normal progress of performing the Work. 42 b) Stand-by or idle time 43 c) Lost profits 44 3. Mobilizations and Demobilization for Miscellaneous Projects 45 a. Mobilization and Demobilization CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised November 22, 2016 01 7000-2 MOBILIZATION AND REMOBILIZATION Page 2 of 4 1 1) Mobilization shall consist of the activities and cost on a Work Order basis 2 necessary for: 3 a) Transportation of Contractor's personnel, equipment, and operating 4 supplies to the Site for the issued Work Order. 5 b) Establishment of necessary general facilities for the Contractor's 6 operation at the Site for the issued Work Order 7 2) Demobilization shall consist of the activities and cost necessary for: 8 a) Transportation of Contractor's personnel, equipment, and operating 9 supplies from the Site including disassembly for each issued Work 10 Order 11 b) Site Clean-up for each issued Work Order 12 c) Removal of all buildings or other facilities assembled at the Site for 13 each Work Oder 14 b. Mobilization and Demobilization do not include activities for specific items of 15 work for which payment is provided elsewhere in the contract. 16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 17 a. A Mobilization for Miscellaneous Projects when directed by the City and the 18 mobilization occurs within 24 hours of the issuance of the Work Order. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include, but are not necessarily limited to: 22 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 23 2. Division 1 — General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment [Consult City Department/Division for direction on if 26 Mobilization pay item to be included or the item should be subsidiary. Include the 27 appropriate Section 1.2 A. 1.] 28 Mobilization and Demobilization 29 a. Measure 30 1) This Item is considered subsidiary to the various Items bid. 31 b. Payment 32 1) The work performed and materials furnished in accordance with this Item 33 are subsidiary to the various Items bid and no other compensation will be 34 allowed. 35 2. Remobilization for suspension of Work as specifically required in the Contract 36 Documents 37 a. Measurement 38 1) Measurement for this Item shall be per each remobilization performed. 39 b. Payment 40 1) The work performed and materials furnished in accordance with this Item 41 and measured as provided under "Measurement" will be paid for at the unit 42 price per each "Specified Remobilization" in accordance with Contract 43 Documents. 44 c. The price shall include: 45 1) Demobilization as described in Section 1.1.A.2.a.1) 46 2) Remobilization as described in Section 1.1.A.2.a.2) CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised November 22, 2016 017000-3 MOBILIZATION AND REMOBILIZATION Page 3 of 4 1 d. No payments will be made for standby, idle time, or lost profits associated this 2 Item. 3 3. Remobilization for suspension of Work as required by City 4 a. Measurement and Payment 5 1) This shall be submitted as a Contract Claim in accordance with Article 10 6 of Section 00 72 00. 7 2) No payments will be made for standby, idle time, or lost profits associated 8 with this Item. 9 4. Mobilizations and Demobilizations for Miscellaneous Projects 10 a. Measurement 11 1) Measurement for this Item shall be for each Mobilization and 12 Demobilization required by the Contract Documents 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 per each "Work Order Mobilization" in accordance with Contract 17 Documents. Demobilization shall be considered subsidiary to mobilization 18 and shall not be paid for separately. 19 c. The price shall include: 20 1) Mobilization as described in Section 1.I.A.3.a.1) 21 2) Demobilization as described in Section 1.I.A.3.a.2) 22 d. No payments will be made for standby, idle time, or lost profits associated this 23 Item. 24 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 25 a. Measurement 26 1) Measurement for this Item shall be for each Mobilization and 27 Demobilization required by the Contract Documents 28 b. Payment 29 1) The Work performed and materials furnished in accordance with this Item 30 and measured as provided under "Measurement" will be paid for at the unit 31 price per each "Work Order Emergency Mobilization" in accordance with 32 Contract Documents. Demobilization shall be considered subsidiary to 33 mobilization and shall not be paid for separately. 34 c. The price shall include 35 1) Mobilization as described in Section 1.1.A.4.a) 36 2) Demobilization as described in Section 1.1.A.3_a.2) 37 d. No payments will be made for standby, idle time, or lost profits associated this 38 Item. 39 1.3 REFERENCES [NOT USED] 40 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 41 1.5 SUBMITTALS [NOT USED] 42 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 43 1.7 CLOSEOUT SUBMITTALS [NOT USED] 44 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised November 22, 2016 01 70 00 - 4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.9 QUALITY ASSURANCE [NOT USED] 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 3 1.11 FIELD [SITE] CONDITIONS [NOT USED] 4 1.12 WARRANTY [NOT USED] 5 PART 2 - PRODUCTS [NOT USED] 6 PART 3 - EXECUTION [NOT USED] 7 8 9 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised November 22, 2016 017123-1 CONSTRUCTION STAKING AND SURVEY Page I of 8 SECTION 017123 CONSTRUCTION STAKING AND SURVEY PART1- GENERAL 1.1 SUMMARY A. Section Includes: Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Staking a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "Construction Staking". 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following: 1) Verification of control data provided by City. 2) Placement, maintenance and replacement of required stakes and markings in the field. 3) Preparation and submittal of construction staking documentation in the form of "cut sheets" using the City's standard template. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 3. As -Built Survey a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "As -Built Survey". CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised February 14, 2018 017123-2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item, c. The price bid shall include, but not be limited to the following:: 1) Field measurements and survey shots to identify location of completed facilities. 2) Documentation and submittal of as -built survey data onto contractor redline plans and digital survey files. 1.3 REFERENCES A. Definitions 1. Construction Survey - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As -built Survey —The measurements glade after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Stakin — The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survey "Field Checks" — Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw website) — 01 71 23.16.01— Attachment A Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxi) files (available on City's Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of Texas, Category 5 1.4 ADMINISTRATIVE REQUIREMENTS A. The Contractor's selection of a surveyor must comply with Texas Government Code 2254 (qualifications based selection) for this project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 0133 00. B. All submittals shall be received and reviewed by the City prior to delivery of work. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Field Quality Control Submittals CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised February 14, 2018 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1. Documentation verifying accuracy of field engineering work, including coordinate conversions if plans do not indicate grid or ground coordinates. 2. Submit "Cut -Sheets" conforming to the standard template provided by the City (refer to 01 71 23.16.01-- Attachment A Survey Staking Standards). 1.7 CLOSEOUT SUBMITTALS B. As -built Redline Drawing Submittal 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of constructed improvements signed and sealed by Registered Professional Land Surveyor (RPLS) responsible for the work (refer to 01 71 23.16,01 — Attachment A — Survey Staking Standards) . 2. Contractor shall submit the proposed as -built and completed redline drawing submittal one (1) week prior to scheduling the project final inspection for City review and comment. Revisions, if necessary, shall be made to the as -built redline drawings and resubmitted to the City prior to scheduling the construction final inspection. 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 2. Coordination a. Contact City's Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractor's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If City surveyors are required to re -stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re -stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised February 14, 2018 017123-4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notesused to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. 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 PORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised February 14, 2018 017t23-5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 b. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures (1) Rim and flowline elevations and coordinates for each manhole and junction structure. 4) Stormwater — Not Applicable 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 19f0•1?AW.1► R.1eM 11.1 PART 2 - PRODUCTS 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 Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised February 14, 2018 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 c. CSV file (.esv), 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 PART 3 - EXECUTION 3.1 INSTALLERS A. Tolerances: The staked location of any improvement or facility should be as accurate as practical and necessary. The degree of precision required is dependent on many factors all of which must remain judgmental. The tolerances listed hereafter are based on generalities and, under certain circumstances, shall yield to specific requirements. The surveyor shall assess any situation by review of the overall plans and through consultation with responsible parties as to the need for specific tolerances. a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical tolerance. Horizontal alignment for earthwork and rough cut should not exceed 1.0 ft. tolerance. b. Horizontal alignment on a structure shall be within .0.1ft tolerance. c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and walkways shall be located within the confines of the site boundaries and, occasionally, along a boundary or any other restrictive line. Away from any restrictive line, these facilities should be staked with an accuracy producing no more than 0.05ft. tolerance from their specified locations. d. Underground and overhead utilities, such as sewers, gas, water, telephone and electric lines, shall be located horizontally within their prescribed areas or easements. Within assigned areas, these utilities should be staked with an accuracy producing no more than 0.1 ft tolerance from a specified location. e. The accuracy required for the vertical location of utilities varies widely. Many underground utilities require only a minimum cover and a tolerance of 0.1 ft. should be maintained. Underground and overhead utilities on planned profile, but not depending on gravity flow for performance, should not exceed 0.1 ft. tolerance. B. Surveying instruments shall be kept inclose adjustment according to manufacturer's specifications or in compliance to standards. The City reserves the right to request a calibration report at any time and recommends regular maintenance schedule be performed by a certified technician every 6 months. 1. Field measurements of angles and distances shall be done in such fashion as to satisfy the closures and tolerances expressed in Part 3.1.A. 2. Vertical locations shall be established from a pre -established benchmark and checked by closing to a different bench mark on the same datum. 3. Construction survey field work shall correspond to the client's plans. Irregularities or conflicts found shall be reported promptly to the City. 4. Revisions, corrections and other pertinent data shall be logged for future reference. CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised February 14, 2018 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR I RESTORATION A. If the Contractor's work damages or destroys one or more of the control monuments/points set by the City, the monuments shall be adequately referenced for expedient restoration. 1. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. a. Contractor shall perform replacements and/or restorations. b. The City may require at any time a survey "Field Check" of any monument or benchmarks that are set be verified by the City surveyors before further associated work can move forward. 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. This includes easements and right of way, if noted on the plans. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3`d party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 39 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 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised February 14, 2018 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 Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised February 14, 2©18 01 74 23 - 1 CLEANING Pagel of 4 i 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 SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 -- Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July I, 2011 017423-2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2- PRODUCTS 4 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. 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 I 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. General 25 1, Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 74 23 - 3 CLEANING Page 3 of 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 I 1 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 1 2 3 4 5 6 7 10 017423-4 CLEANING Page 4 of 4 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3,11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE ]NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 0 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 017719 CLOSEOUT REQUIREMENTS 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 77 19 - 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 [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 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 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but arc not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial f111 up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 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 £ 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 REINSTALLATION ]NOT USED] 19 3.7 FIELD loR] 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 0 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02392 Revised July 1, 2011 017823-1 OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1-- General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 0133 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 '/2 inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 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 Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 017823-3 OPERATION AND MAINTENANCE DATA Page 3 of 5 5. Copy of eacb warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1, Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 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 c. 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 coded piping diagrams CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 I Revised December 20, 2012 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 19 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Sanitary sewer Rehabilitation Contract 90 - Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 017823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USEDI PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1—title of section removed CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 - Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised December 20, 2012 017839-1 PROJECT RECORD DOCUMENTS Page 1 of 4 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0178 39 PROJECT RECORD DOCUMENTS 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 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 [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED1 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 fixture 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 78 39 - 2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER -FURNISHED lou] 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 I complete set of all Final Record Drawings in the Contract. 26. 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 01 78 39 - 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 Sanitary Sewer Robabi[itation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 017839-4 PROTECT RECORD DOCUMENTS Page 4 of 4 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 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 Sanitary Sewer Rehabilitation, Contract No. 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 APPENDIX GC-4.01 Availability of Lands: Oncor Easements (already acquired) GC-4.02 Subsurface and Physical Conditions: Streets Coring Report GC-4.04 Underground Facilities: None GC-4.06 Hazardous Environmental Condition at Site: None GC-6.06.13 Minority and Women Owned Business Enterprise Compliance MBE Good Faith Effort Form MBE Joint Venture Form MBE Prime Contractor Waiver Form MBE Special Instructions Form MBE Subcontractor Supplier Utilization Form GC-6.07 Wage Rates Wage Rate Table GC-6.09 Permits and Utilities None GC-6.24 Nondiscrimination None GR-01 60 00 Product Requirements Standard Products List CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90—Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 Handley - Lancaster 138KV Line Handley — Richland Hills 69 KV Line Handley -- Saginaw 138KV Line Handley — Liggett 138 KV Line D-822, D- 821, D-868, D-859, D-923, D-1239, D-2428, D-1607 2018-0778CW EASEMENT AND RIGHT OF WAY Sanitary Sewer Rehabilitation Contract 90 City Project No. 02382 STATE OF TEXAS § § . KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § That ONCOR ELECTRIC DELIVERY COMPANY LLC, a Delaware limited liability company, hereinafter referred to as Grantor, for and in consideration of TEN AND NO/100 DOLLARS ($10.00), and other good and valuable consideration to it in hand paid by the City of Fort Worth, a Texas Municipal Corporation, hereinafter referred to as Grantee, has granted, sold and conveyed and by these presents does hereby grant, sell and convey unto said Grantee a nonexclusive 35 foot wide easement and right of way for the purpose of constructing, reconstructing, replacing, maintaining and operating a ten inch (10") sanitary sewer line, hereinafter referred to as Grantee's Facility, in, over, under, across and along the property described and shown on the attached Exhibit "A", Exhibit "B", Exhibit "C", Exhibit "D", Exhibit "E" and Exhibit "F": SEE ATTACHED EXHIBITS There is also granted to Grantee, its successors or assigns, a nonexclusive easement to use only so much of Grantor's adjoining land, during temporary periods, as may be necessary for the construction, maintenance, and repair of said Grantee's Facility. Such use shall not interfere with Grantor's use of such property in the operation of its business and Grantee shall properly maintain such property during construction and at the conclusion of such construction remove all construction debris and other materials from such property and restore such property to the same condition it was in prior to the commencement of Grantee's construction thereon or in proximity thereto. Additional general construction limitations on easement are described and listed, but not limited to, in Exhibit "G", attached hereto and by reference made a part hereof. Use of draglines or other boom -type equipment in connection with any work to be performed on Grantor's property by the Grantee, its employees, agents, representatives or contractors must comply with Chapter 752, Texas Health and Safety Code, the National Electrical Safety Code and any other clearance requirements. Notwithstanding anything to the contrary herein, in no event shall any equipment be within fifteen (15) feet of the Oncor 138,000 volt or less power lines or within twenty (20) feet of the Oncor 345,000 volt power lines situated Easement and Right of Way Page 1 of 41 on the aforesaid property. Grantee must notify Fort Worth Transmission, (817-496-2746) at least 48 hours prior to the use of any boom -type equipment on Grantors property except in an emergency. Grantor reserves the right to refuse Grantee permission to use boom -type equipment. Grantee shall locate its Facility within the easement so as not to interfere with any of Grantor's facilities. Grantee shall not place its facility within 25 feet of any pole or tower leg. Grantee shall reimburse Grantor for any and all costs and expenses incurred by Grantor for any relocation or alteration of its facilities located on or near the easement that Grantor, in its sole discretion, determines are subject to interference from the said Grantee's Facility or from the exercise by Grantee of any of its rights hereunder. This easement is granted upon the conditions that Grantee's Facility to be constructed shall be maintained and operated by Grantee at no expense to Grantor and Grantor shall not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of Grantee's Facility. To the extent permitted by law, Grantee agrees to defend, indemnify and hold Grantor, its officers, agents and employees, harmless against any and all claims, lawsuits, judgements, costs, and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may arise out of, or be occasioned, by any negligent act or omission of Grantee, its officers, agents, associates, employees or subconsultants; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence of Grantor, its officers, agents, or employees or separate contractors, and in the event of joint and concurrent negligence of both Grantor and Grantee, responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity or other defenses available to the parties under Texas Law. The provisions of this paragraph are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. Grantee shall, at its own cost and expense comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with said premises because of Grantee's use thereof. This easement, subject to all liens of record, shall continue only so long as Grantee shall use this right of way for the purpose herein described and the same shall immediately lapse and terminate upon cessation of such use. TO HAVE AND TO HOLD the above described easement and rights unto the Grantee, its successors and assigns, for the purposes aforesaid and upon the conditions herein stated until the same shall be abandoned for use by the Grantee for the purpose herein stated, then and thereupon this conveyance shall be null and void and the use of said land and premises shall absolutely revert to Grantor herein, its successors and Easement and Right of Way Page 2 of 41 assigns, and no act or omission on the part of them shall be construed as a waiver of the enforcement of such condition. AND Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER DEFEND all and singular the above described easement and rights unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof, by, through or under Grantor but not otherwise. EXECUTED as of th.is M day of — AAWST , 2018. GRANTOR: ONCOR - C`1 RIC LIVERY COMPANY LLC By: A, Dennis L. Patton Attorney -in -Fact GRANTEE. The City of Fort Worth F J 1 NaAVve Cookei Property Management Director Title: APPROVED AS 10 FORM ANo LEGAuM V )/"--V - Jewce Sehisveng, As nt CityAtfiomey Easement and Right of Way Page 3 of 41 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared of the City of Fork Worth, 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 for the purposes and consideration therein expressed, in the capacity therein stated and he/she is authorized to do so. OVEN UNDER h,4v, HAND AND SEAL OF OFFICE this day of A. D. 2018, Notary ublic in and f6rthe State of Texas STATE OF TE COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Dennis L. Patton, as the Attorney -In -Fact of Oncor Electric Delivery Company LLC, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the saute for the purposes and consideration therein expressed, in the capacity therein stated and he is authorized to do so. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A. D. 2018. MANDY M. $'M1T1 �"i a :. �. �� �"r@tfli`�l Ur/tiC> tW tl7 't Teh s'� 3,•• � - E Comm. Expires N-02 1"u �oi Pu Iic Fm and for the State of Texas xviary 10 12443701 Easement and Right of Way Page 4 of 41 SANITARY SEWER REELABIELITATION, CONTRACT T 90 CITY PROJECT NO. 02382 Farm # 2A FE 6100 E LANCASTER AVENUE TRACT 26B, S. G.. JE"CS SURVEY, AB. 843 MOMIT'A" Being a 35.0'?armaneitt Sewer Facility Easement situated : in the S. G. Jqzmings, Survey, Abstract No. 943) City of Fort Worth, Tarrant County Texas and being out of a portion of a tract of land deeded to Texas Electric Service Company as recorded in Volume 1477, Page 109 of the Deed RecordEk of. Tarrant County, Texas and being out of'a portion of a tract of land described as Tract I deeded to Texas Electric Service Company ;as recorded in. Volume 1506, Page 57 of said Deed Records of Tarrant County, Texas and being out of a tract of land deeded to Texas Electric Swvico Comp -any as recorded in Volume- 1768jPage 383 of said Deed Records of Tarrant County, Texas, said Texas Electric Service Company now belAg owned by Oncor Electric Delivery Company, LLC according to the.Affidavit of Name Change recorded in County Clerk File'No. D2093 27919 of the - Official Public Records 9f Tarrant County, Texas, said 35.0' Permanedt Sewer Facility being -more. particularly described by metes and bounds as:follows: COM.M.NCIM at a 1/2 inch iron rod with cap stamped "Area Surveying" -found for the northwest comer of Lot'112, Block of Lakeview Addition, an addition to the City of Fort -Worth., Tarrant County, Texas according to the plat recorded in Volume 388-54, Page 41 of said Plat Records of Tarrant CounM Texas, said 1/2 inch iron rod with cap stamped -Area Surveying' being the most westerly southwest corner of a 3.14 acm tract of land (by deed) deeded to Texas Electric SeMce. Company as recorded in Volume 3763, Page 642 of said Deed Records.'of Tammt County, Texas,sm'd W imbiron: rod being in the cast d of -way line of East Loop -82 right (a variable Width ilght-otoway) Roza -iWfi�idh a 3/4 Inch iron rod found for an angle point in the west Tine ine of said Lot I - R bears South 00 degrees 18, minutes 32 seconds East, a distance of 442-84 feet, North 76 degrees 16 minutes 10second East, a -distance of 10.30 feet South 06 4ogrees 17 minutes 21 second East; a distance of 51.50 feet and South 32 degrees :3 0 minutes 21 seconds- East, a distance of 28.30 feet, said V4 inch iron rod being an angle point in the east right-of-way line of said East Loop M TTMqCE South 82 degrees 27 minutes 17 seconds East, with the north line of said Lot I-R and with the South line of said 3.14 acre tract of I" a distance of 188.89 feet to a point for comer; THENCE South 32 degrees 26 minutes 21 seconds East with the northeasterly line of said Lot 1-R and with the southwesterly line of said 3.14 acre tract of land, a distance of 584.70 feet to a point for comer in the cast line of said Lot I-P, said point being the south comer of said called 3.14 acre tract of land; TH]RNCE South 09 degrees 52 minutes 39 seconds W*St with the east line of said Lot I -P, passing at a distance of 30.20 feet a point for the southeast comer of said Lot 1R and being the northeast comer of said Lot 6-R, Block D of Lakeview Addition, an addition to the City of Fort Worth, Tmmmt County, Texas as recorded in Volume 388-96, Page 37 of said Plat Records of Tarrant County, in 4 a distance of 78.80 feet to an angle point in the east line of said Lot 6-R4 THENCE South 719 degrees 54 minutes 21 seconds Fast with the east line of said 6-F, a distance of 76.39 feet to the POINT OF BEGE4NING of the herein described 35.07 Pernment Sewer Facility Easement; Exhibit "A" Page I of 6 Easement and Right of Way Page 5 of 41 sAmTARY SEWER RmABnATATION CONTRACT 90 MY PROJECT NO. 02382 Parcel 9 2A PE 61.00 E 1ANCASTER AVENIX TRACT 26B, S. G. JENNINGS SURVEY, AB. $43 THENCE North 26 degrees 35 minutes 39 seconds East a distance of 247.44 feet to a point for corner in the southwest.. line of a tract of land d escribed as Tract ' o, 2 being deeded t Texas Electric Service Company as recorded in Volume 1814, Page 319 of gaid. Deed Records of Tarrant County, Texas; THENCE South 23. degrees 59 minutes, 19- seconds East,: with the southwesterly line of said Tract 2, a distance of 45.52 feet to a point for corner; THENCE South 26 degrees 35 minutes 39 seconds West., a distance of 241.50 feet to a point for corner in the northeasterly line of said Lot 6-R, THENCE North 29 degrees 54 minutes 21 seconds Nest, with the northeasterly line of said Lot 6- R, a distance .of 41.97 feet to the POINT OF . BEGINNING, and. containing 8,557 square feet or 0.196 acres of land; more or less. Notes: (1) A plat of even survey date accompanies this legal description. (2) All bearings and coordinates are referenced to the'Texu. Coordinate- System, NAD- 9.3, The North Central Zone 4202, all distances and areas shown are surface. (3) Surveyed on the ground February 10, 2017.. Data: May 29,2018 J'd4 I- Cooper Vgistered Professional Land Surveyor No. 5254 Gorrondona & Associates, Inc. 7524 Jack Newell Blvd. So. Fort Word;, Texas 76119 Texas Firm No. 10 106900 Exhibit "A" Page 2 of 6 Easement and Right of Way Page 6 of 41 lJNE '�A�tE !„INI` BEARING_ DISTANCE N Tfi'1 39`�� 10.30' "L-� S tT0.17'21'� �t.�fl' 3 . .S 32'30 21 mE 28:�0' PARCEL No. ,M PES. G. JENNINGS SURVEY ABSTRACT NO. 84,3 50 -25 0 50 UNION pAC:IFIC RNLROAD $CsL IN FEET A14 1�lE5 (BY GEID� . 8 1kXA� iiEelfx 9ElFl7CE CQL 1 1 a VMLW r� 042 o+ 0 I ur 4 LOT 1 D \ 1p BLOCK L vair Amrm \ �� ` VOLUMB 888-54, FACB 41 u P.R.T.C.T. f •p `x 100.Ui1mEASf1aT J UCLUpE 3M SIB PM. 41 \ M.T.M. \ FWD 3/4'IR \ 0P 113. Su i#SM 'ON 1iM GItO M FEMW 10. 201'1. I MA TCHMNE "A to bEwo ort Worm ml,." L-4,11 f i 1OW -MMCKa WON 5i M • MW H1oMK TE %AS M02 S"ITARY SEWER REHABILITATION, CONTRACT 90 L.. LEAsEmENT ACQUIS ON AREA; 6,557 $'(3t1ARE FEE OR 0.196 ACRES Easement and Right of Way Page 7 of 41 EXHIBIT "A MATCHLI.i E „A " PARCU No. M PP `t S. G. JENNINCS SURVEY ABSTRACT NO. 843 KV TTOVJJE.R tit tr, t t t 114 ADZES (BY DO) M" ELECTRIC SORv1cF c& 1IMw 370 PAGE 041 t TCWEiR 0x.1:s:T. t t N t � � LOT Y—B rtt BLOCK D LAKR'1 RIF ADDITION P lll�1 ON OF W&T IN YOLIf� 38 —54. P.iGlf' 41 tt` V11A3 ME 14TI,. PAGE 109 P.R. F.C.T.. POUDN OF IRACT.1 IN. t Vlp".IWO. PAGE 57 �. POR71ON OF WCT.IN lqq t, VOWME 170k: PACE A3 EASk?'eit D.R.T.G.T. ONC17REL CMG D Y 10Ar UlluTY 3L' t %�tffiU1!IE % PAGE 41 `t P r�r QQF. NO. D209327919 4.PJLTQT. t t . t t t 50 2,5 0 50 t. ` t t J SCALE IN rFEEFNOM ttt t PLAL ALL x° � COORDIES � r � o� 1' TCHLI1i�.E "B" Tms ©oO.R#k AW S1 . too- M, Tw t ZONE 4= ALL DISTldt.+CE'S AND AXAS SHOW ARE SURFACE. I SUMMED ON TW CROWD FU RLM 10, 2017. City of Fo 1000 THiROCKMORTON STREET • FORT WORTH, TEXAS 70102 SANITARY SERrEB RRHA.BI,LITATION, OF CONTRACT 90 SURVEY: S. G. JENNINGS SURVEY, ABSTRACT NO. 843 LAC14T�id: Golf OF FORT WORYK TARRANT MUNTY. TEXM AREA U57 PROPERTY Easement and Right of Way Page 8 of 41 EXHIBIT "A MA TCHLINE „B!f PABCB1 No. 2A PB MATCIlUNE„�,,, LOT !-R , 3,14 ACRO MY 0M) .Ir }{=€a .; :y in BLOCK A �, 1Exhs EIEGIRC 5ER4fcc Co. ! `'' :'}; ' ;: I.r1.T�ls'VIR Y ADDITION t �Qe�y YOLUMIE 3783, PAGE 042 ` :{ :. 4'ag o vaLTIMI' 3ae-54 PAGE 4f o,�.Fet Ir';: ;?� tit �A. (r Owm 1. -� YtRIJME 300-54 PAGE 41 1/3 P;R.T.C.'f PASSING AT S. G. JENNIN0S SURVEY P •h�� :` ;:<; `� TEXAS ELECTRIC ABSTRACT NO. 843 r " r Q Sln�v�cE COMPANY f P[l�,RTION C, TRACT IN y 0:: : {y'' PORTION OF TRACT 1 IN vqmw Of WE rh Pf3R`i10'N of TRACT IN m. ORE 176s, rmit ml v -a LOT s—R '� f: .'• ''' 1?.`t,1;C.T. :r ti cjo ONCf);t EiR*CT>�[C OEil11rk2Y .� �: BLOCK D rr3.... DAIf ADDITION COMPANY, t1O VOLUME 3dd-96, PAGN 37 �IL ;;;s : ...... C.C.I=. NO. 02093279/9 :.•r P.R.T.C.P. a , v :a.�:r,..rs.......ti y,y a:...............1 ,. 35, PEfZMANE T SANITARY SEWER Q.Q.B. ::: EACIUTY WEMlrff 13,557 SQ a7. OJR nv3EL REAt.1' 3KC ::.r:: :r. -�.......,... 0.196 ACRES VOLUME A&% PAGE 477 35.0' ORAIRAGE Ec U11U71' EA5E1437JF T ? V MME 388-alit PACE 37 UNE TAKE UNE I SEARING I DISTANCE j f it8�, KY \ L.- 4S� 2�7Yp�3e9■'r1af}S°E 4. 155sy�' ROSSER STREET �EEW INDUSTRIALPAR (A .64A' RIGHT-OF-WAY) '�. CGf. N F13215i8t937 LOT B - D;RgCT. NOW. - 1. A LWAL DESCRII11ON OF EM DATE; ACO MPANIE,S THIS PLAT. 50 25 0 50 2. ALL @.FARiIVM AND 600FU7fi'f M PRE AOMM= 4 TO THR )TEXAS WORC04AIE SYS V, DWD- 0. THE: NORYI-I CENTRAL, ZONE 420% ALL DISTANCES AH0 AREAS SHOWN ARE SURFACE 3. SURV5:M ON CIE GROUND FEBRUARY 10. 2017. SCALE IN FEET w it f For oru 1000 THROCKMORT4N STREET - FORT WOM, TEXAS 70102 SANITARY SEWER .RMA-VILITATION, CONTRACT 90 OR 0.196 1.797 ACRES JON L. COOPER Page 9 of 41 •'off EXHIBIT "A PARC.91 No. V PE iol�9 ELfOTR?C 5tltYif CR � 9.546 ACRE (4Y OEM P TEXAS MCTRIc SMICE CO, MUab JIM, Mt aliz O:R.TC7? J891. PAGE 478 u ➢,R.T.CT LOT f r� n374 ACRES (BY ➢F ➢7 BLOCK 32 7EXAS G=Mc SERNCE` Ca. HANDLEY ADDITION Mt;U 7270, PALS 1041 VOLUMB 380--f$5, Paula 60 D.R.T.C.T. r.R. T.97 T. PP � ° S. C. J'ENNINGS SURVEY Y TENAS EIECIM� ABSTRACT NO. 843 SERVICE COMPANY FORMN OF TRACT N W Ukff ldwr. PASE VM i?41(nm OF TRAcr 11H YaOME pp w 150% PAGE PORTO 19 7RAcr fhf tf4ww ONOCl? ELE—MiC MM'S, COMPANY, U-C G.C.F. NO. D209327919 LINE TABLE O.P.R. M.T. 3 11 I 0.922 ACRES N (BY DEED) U alu PAGE 24(f. KV,`� D.A.1C7. TOWER A�� 3 lERERMANIENT EASEMENT 8,557 SQ. FT. OR ,,;cur PP p �� C1.196.4CfiES 50 26 r 50 _ SCALE IN FEFT ............... -1i�,f�TCHLIN��,�e1 2. ALL NLEM GS AM COOQtFefiN t11NAM= A114E M ES O THEIS LAT. Taws COOROINAT€ SYSTEK WO-©'J. 119 NORM C€.�E1RAL SONS 4M, ALL. ➢IS'It110ES Alip AREAS SFitlWN ARE sURFAOE 3: SURYEYID ON THK OR UND IORUARY 10, 2017. Worth 1000 THROCKWORTON STREET • fORT WOO. TEXAS 76102 SANI2AR.Y SEWER REHABILITATION, G�Cl TR-4CT 90 ut JON L, CO R 7 9 � j PARCEL NO. 2A PE CfTY PR(id. NO. 02382 35,0' PERMANENT SEWER EASEMENT OWNER: ONCOR ELECTRIC DELIVERY COMPANY LLC SURVEY: S. G. JENNINGS SURVEY A65TRACT NO. a 3 LOCATION: CITY OF FORT WORTH, 'TARRANT COUNTY, TEW - AREA: CASF~MENT ACQUISMON 5,557 SQUARE FEET OR 0A 95 ACRES WHOLE PROPERTY ACREAM 1.797 ACRES (CALCULATED) I L. G PER � SHRED P#i017E$S10NAl : SURMOR 525, im n. ifA2�t401.00 � ➢ N 9Y: JWJ CAO "4 NCE1401—PM 2, DWG EDAM MAY 29. 20 �iW?9 A PAG 6 6 SCAM 1°�5O' jr DOIRRONNNA d ASSOCIATE% INC. � 62�r JACK NEY1Fl1. BOULEVARD SM)TH FART WpFtill. .9991E • ?—#>18 14i4 FAX d17u-ADb-170B Easement LINT; a3E.Af�INfi R15TAtdGI= L�-�F 5 and Right of Way Page IQ of 41 SANITARY SEWER REHA.BI.,1('1'ATION CONTRACT 90 CITY PROJECT NO. 023V Parcel # 2B PE 6100 E LANCASTER AVENUE TRACT 26B, S:.G. JENNIVGS SURV Y, AB.. 843 45,11 Beizig a 35.0' Permaneut Sewer Facility Easement situated in the S. G. Jennings Survey, Abstract No. 843, City of Fort Worth, Tarrant County Texas and being out. of a portion .of a tract of land described as Tract 2 and being deeded to Texas Electric Service Company as recorded in Volume 1814, Page 319 of the Deed.Records of Tarrant County, Texas, now being owned by Oncor Electric Delivery Company, LLC according to the Affidavit of Name Change. moorded nit County Clerk File No..D209327919 of -the. 01tcial Public Records of Tarrant County, Texas, said 35.0' Permanent Sewer Facility Easement being more particularly described by metes and bounds as follows: COYAMNCING at a 1t2 inch iron rod with cap stamped "Arcs Surveying" found for the northwest corner of Lot. 1-R, Block D of Lakeview Addition, an addition to the City of Fart Worth, Tarrant County, Texasaccording to the plat recorded in Volume 388-54, _Page 41 -of said Plat Records of Tarrant County, Texas, said 1/2 inch iron rod with cap stamped "Area Surveying" being the most westerly southwest corner ofA.3.14 acre tract of land (by deed) deeded to Texas Electric Service Company es-recorded.in Volume 3763, Page 642 of said Deed -Records of Tarrant County, Texas, said 112 inch iron rod being in. the east right-of-way line -of east Loop 820. (a variable -width right-of-way) from which a 314 inch iron rod found for an angle.pointin the west line of said Lot l- R bears South- 00 degrees 18 �uies 32 seconds East, a distance of 442.84 feet; North 76 degrees 10 minutes 39 second East, a distance of 1.0.30 feet, South 06 degrees 17 Minutes 21 seconds East; a distance of 51.50 feet and -South 32 degrees 30 minutes.21 seconds East; a distance of 28.30 feet; said 3/4 inch iron rod being an angle point in the east right -of -Way line of said East Loop 820; THENCE Sou9h 82 degrees 27 minutes 17 seconds East, with the north line of said Lot I-R and wit the south line of said 3.14 acre tract of land, a distance of 188.89 feet to a paint for comer; THENCl3 South 32 degrees 26 minutes 21 seconds East, with the northeasterly. line of said Lot 1 R and with the southwesterly line of said 3.14 acre tract of land,,a distance of 584.70 feet to a point for comer, said point being an angle point in the east line of said Lot 1-R, said point being the south corner of said 3.14 acre tract of land; THENCE North. 07 degrees 24 minutes 56 seconds East, with the east line of said 3.14 acre tract of land, a distance of 127.61 feet to a point £or the southwest corner of a 0.334 acre tract of land (by deed) deeded to Texas Electric Service Company as recorded in Volume 7270, Page 1041 of said Deed Records of Tarrant County, Texas; THENCE North 67 degrees 32 minutes 34 seconds East, with the south line of said 0.334 acre tract of laid, passing at a distance of 89.19 feet, a point for the northwest comer of said Tract 2, in all, a distance of 108.67 feet to a point for The Northeast corner of said Tract 2, said point being the northwest corner of 0.922 acre. tract of land (by deed) described as Tract No. 2 deeded to Texas Electric Service Company as recorded in Volume 3155, Page 324 of said Deed Records of Tarrant County, Texas; THENCE South 25 degrees 11 minutes 18 seconds East, with, the northeasterly line of said Tract 2 and with the southwesterzly lineof said 0.922 acre tract of land, a distance of 72.64 feet to the POINT OF BEGINNING of the herein described 35.0' Permanent Sewer Facility Easement; THENCE South 25 degrees 11 minutes 18 seconds East; with the northeasterly line of said Tract 2 and with. the southwesterly Iine of said 0.922 acre tract of land, a distance of 44.55 feet to apoint for corner; Exhibit "B" Page 1 of 6 Easement and Right of Way Page 11 of 41 SANITARY SEVER REBABUATATION CONTRACT 90 CITY PROJECT NO. 02381 Parcel # 2B PE 6100 &LANCASTER AVENUE TRACT 26B, S. G. JENNINGS SURVEY, AB. 843 TIMCE South 26 degrees 35 minutes 39 seconds West. a distance of 29.41 feet to a point for comer m the soWkwed line of said Tract 2; TEMICE North 23 degrees 39 minutes 1$ seconds West, with the southwesterly line of said Tract 2, a distance of 45.52 feet.to a point for comer; THENCE North 26 degrees 35 minutes 39 seconds East, a distance of 27.86 feet to the POINT OF BEGONING, and containing 1,002 square feet or 0.023 acres of land, room or less. Notes: (1) A Plat of even survey date accompanies this legal description. (2) All bearings and coordinates Are referenced to the Texas Coordinate System, NAD- 83, The North Central Zone 4202, all distances and areas shown are surface. (3) Surveyed on the ground Febtuary 10, 2017. Date: May 29,2018 Wper 091stered Professional Ltd Surveyor 5254 Gorrondona & Associates, Inc. 7524 JackNeweA Blvd. So. Fort Worth, Texas 76118 Texas Firm No. 10 106900 Exhibit "B- Page 2 of 6 Easement and Right of Way Page 12 of 41 UNE TABLE L�>= e���. nisrawc� L�1 t0.30 L-2 :i � ,: 8 L--3 S 3230 �1 � 213.30' E.�I�`IBIT SfB 9f PARM No. 2B PX S. G. JENNINGS SURVEY ABSTRACT NO. 843 50 25 0 50 3.14_ AUMS (BY CM) Taus-F1ECTW M 1 1�88 �M O Ft T GrA@E 942 a \ \ CD CM \` t LOT f--A \y ® FOLEWN 388-54, PACE �41 `\ s P.&T C.T:. 1Q0' U1affY EtiSEh"T \\ L{7 IK rA PAM 41 \\ P7 AULT FND 3/4-IR \ A LML d� Of EVEN M ACC11NA71tqgMOMAT.ALL A C LINE„ATEM Q OS AND COOFMWTM ARE REFERMIC COORD ye SMUK MAC —A THE IsO"ZONE 17 420Z ALL � AND AfIFdIS S' M Sl.' &'= ON TRK f.'R�IRl1J FEfItiUM 10..2017 � `o ® o 1000 THRaCKIi M6!! STREET • FORT WORM, TEXAS 7QI62 SANITARY' SEWEB REHABILITATION. dF CONTRACT 90Al -ST- L MA 0'p P CRY PROJ. NO. 02332 CFFY Easement and Right of Way Page 13 of 41 EXHIBIT 1.dU �.L 9l Il i 'x'CHZFIVE is rs PARCEL No. n PB '. 0. JL'.I' NINGS ABSTRACT NO. tt LINE TABLE UN� B�AR�i� QiSiANCt; M tt 1 j7 t \ SURMY �\ 843 \\ \Tcwm \, 01 a14 A00 (BY SEED) M PAGE 42 LOB` !-�,R BLOC, D Ld"YZEW 1DD127'ON t �\ FJ LUArs 388-84, . PACB 41 P.R. T:0.7. t t \ t t t �o a 1lntttr �Asm I4r t � am= sE cm ypI L4JE 158-5{ PAGE 4f \ VOLUME 154 PACE: 57 PaT.C.L \ f788. PAGE 383 50 25 0 50 \ t t SCALE IN FOP \\ t 1. A IECAL DESCRIPTION OF.EVEH WE.ACODWAHIES THIS PLAT 2. ALL f3rl--JUM AND COOMWTES ARE E Es4CW TO THE TEXAS COflE101i�J1TR MAD--90 'DIE NORTH CFKiRAL ZOM 42ML ALL QW&M AND A H ARE SMACE. I SUR4FrF>9 CM INC @ROUND FURWtf 10. 2017. AT'CIILiNE"B is qn ro"WOUH City of Fort Worth 1000 iHRQCfSMDR10N STEBEI' • FORT WORM TE7GS 78142 SANITARY SEWER RBHA.EILITA7'IQN, CONTRACT 90 FE£F OR 0.023 ACRES iUPE'Ri1f - dDN L„ GAOPEFt P Easement and Right of Way Page 14 of 41 tt 1 j7 t \ SURMY �\ 843 \\ \Tcwm \, 01 a14 A00 (BY SEED) M PAGE 42 LOB` !-�,R BLOC, D Ld"YZEW 1DD127'ON t �\ FJ LUArs 388-84, . PACB 41 P.R. T:0.7. t t \ t t t �o a 1lntttr �Asm I4r t � am= sE cm ypI L4JE 158-5{ PAGE 4f \ VOLUME 154 PACE: 57 PaT.C.L \ f788. PAGE 383 50 25 0 50 \ t t SCALE IN FOP \\ t 1. A IECAL DESCRIPTION OF.EVEH WE.ACODWAHIES THIS PLAT 2. ALL f3rl--JUM AND COOMWTES ARE E Es4CW TO THE TEXAS COflE101i�J1TR MAD--90 'DIE NORTH CFKiRAL ZOM 42ML ALL QW&M AND A H ARE SMACE. I SUR4FrF>9 CM INC @ROUND FURWtf 10. 2017. AT'CIILiNE"B is qn ro"WOUH City of Fort Worth 1000 iHRQCfSMDR10N STEBEI' • FORT WORM TE7GS 78142 SANITARY SEWER RBHA.EILITA7'IQN, CONTRACT 90 FE£F OR 0.023 ACRES iUPE'Ri1f - dDN L„ GAOPEFt P Easement and Right of Way Page 14 of 41 I a is EXHIBIT "B 93 TCHLINE ppl PARCEL No. 20 PC - NATCHLINE 0i C- kv Lor 1?--R N BLOCZ D % lK LA r ADDITION lib:p"l VOLUME Sira-64, DAUB 4f x N P. A. T. C.. T. law UUM UmMiT VME 3E#-3f. PKE 41 PAT44- S. G. ' JENNINGS 9-6AVE, Y ABSTRACT X6. 843 J LOT G—R Dtacr b LAAWVZB3r ADDITION VOLUME 388-99, PACE S7 P.R.T.1p.re MM RE&W we VDIME WA PtA 477 AATMT. ROSSER STREET �(A 60.0' RIGHT—OF—WAY) A LEG& DEWMPYICN Or Evw cwkTE AccOMPAl"_ TM PtAl ALL REAMMOS AND COMM= ARE RUVWCED TO T115 TEXAS .01)ORMA71E SWTEK KW� 8 THE NORTH C9PAL 7OWE 42M ALL 03MCM AND ARDS ffKMN ARE MWACE, .MJWM ON WE MUND FEBRUW 10. 2017. lx==2 M VOLUME 3M FACE fa qAtc.T. - I C)KVr TOWER TWS MCMC SOME CO. VOL. 1314, PG 319 D.R.U.T. ONCOR MEC=r- SMCE COMPANY. LLC C.C.F. NO. D209MO19 ap.R.T.U. OPP Imsamwe SMV-CE OCIVIOUNY .Pam (F lzcr In YUME Im. moc 14S FORM OF 7RAUr I X =770 57 N VMW %7ffk PACE 30 CUT= KY TOUR LAKMV Car. ?b c 50 25 0 50 SCALE IN FEEr r--L - C*'7lgtY of Fort Wo 1-h IWO THROCKNORTON SWEET - FORT WORTH. TEXAS 70102 SANITARY SEWER REHABILITATION, CONTRACT 90 28 PE I crry PROD: NO. 02382 0 35.0' PERMANENT SEWER FACILV MEMENT (( JON L COOPER 1 Easement and Right of Way Page 15 of 41 t J.14 ACK (. oE�nj FLU$ UlClldG :EA' CO, VOLINE 319 1fAGE 642 D.R.TC,T. EXHIBIT 31B !, PARM No. 2B PE �CUY 479 IJNE T1�LE _ W�WING DISTANCE 24'56E11 ll WE 4 4.554.55535'39 I 935'39-E 29.41' '16'4V 4.5.52 pt LOT 1 BUCK 82 HANDLEY ADDITION YOL17M£s g8B-165, PAGE SO G. JENNING,`S' SURITY ABSTRACT NO. 843 pp LiJT i�.� a.a c ACRES (t1Y DUD) G1sY BLOCK 31 HANDUY ADDITION M1 AS iL£CT= SERVICE CO. VO L1, ME 388_5s8, PACE 438 Vd AIE 72M PACE 1041 DAXCl TRACT � TEXAS ELE=C SEA ME f-Chl 0.922 ACRES (fly DEED) VOL IeK M 314 TRACT No, 2 TEXAS ELECT110 SERVICE CU =,• +r• V0LWE O.R:T317, PAGE 324 1d� rs ONCOgf �C7.91C DEUVMY C T. CUMPANY, !.J v� s9 C.U. NO. U209327919 KV /sR S&W PERMANfvM 5EV1=ASWENT TEXAS ELECTRIC �$ v/.:i:: i ( 1,002 SO. fT, ycuY�P+� WMCE COMPANY % OR 0 023 ACRES PORTIon OF TRACT IN ..... so 25 0 150 VOLUME 1Ai7, PAOE 109 ...••••.•••• _ PORUON OF TRACT 1 x ...:......... VOLUME 18a8, FADE 87Mimi PORTION Or TRACE INo SCALE �N F��T VOLUME 1788. PACE 363 O R.T.c.T --- _Nnr�: tATG'RINE'"G:= ALL2. itDIESs Apo croo°i a�A'�ic THIS T. TOXM COORDINATE; SYSIF,1,4 N O-83 THE N0911i CE1' ML 1% 4142, N i. DMANCESI ANT] AREAS SHOWN AR9 RUR3FA(SE 3. Sk1RYEVED ION INE GROUND .FMRUW( 10, 2017. City Fort rt 1000 THROCKMORTON STREET • FORT 1V0f; , TEXAS 76102 SANITARY SEWER BEHABILITATION, , CONTRACT 90 r 2B PE _ — 0I1Y PRDJ. NO. 02382 fdANENT SEWER FACIL[1Y EASEMENT (h JON L. t:;SJGFER 1,002, SOUARE FEET OR Easement and Right of Way page 16 of 41 SANITARY SEWER REH"ILITATION CONTRACT 90 CM PROJECT NO. 02.382 Parcel # 2C PE 6100 E LANCASTER. AVENUE TRACT 2.6B, S. G. JFMINGS SURVEY, AB... 843 EXHIBIT"C" Being a 35.. 0' Permanent Sewer Facility Easement situated in the S. G. Jennings Sur;vey,ract AlAbst No. 843, City of Fort Worth, Tarriat County TokaS and being.out of a portion of a 0.922 acre tract of land des tit Tract No. 2 doe Company as;recorded in Volume described to Texas- Electric Service C 5155, Page 324 of the Deed R00J*ds -of Tarrant eoun% Texm,-'said Texas Electric Service Company now being 9wmed by Oncor Electric Delivery.Company, LLC according to the Affidavit County Clerk File No. D109-327919 of the Official Public Recards.of of Name Change recorded in Tarrant Copnty, Teas, said -35.0' Permanent Sewer Facility Easement being more particularly described by mates anti boutds as follows- COMONCING at a. 1/2 inch iron Tod with cap stamped -Area surveying" found for the northwest comer of Lot I -R, Block D of LakevieWAddition, an addition to the City of Fort Worth, Tammt County, Texas accordingto the plat recorded in Volume 388-54, Page 41 of the Plat Records of Tarrant County, Texas, said 112 inch iron rod with cap stamped "Area Surveying" being the most t Westerly southwest comer of a 3.14 am tract of land ft deed) deeded to Texas Electric Service Company as recorded in Volume 3763, Page 642 of said Deed Records of ' Tarrant County, TexAs, said M2 inch iron rod being 1 n- &e cast•right-of-way line of East Loop 820 (a variable width right-of-way) from which it 3/4 inch iron rod found for an angle point in the west line of said Lot I- R bears South 00 degrees 18 minutes 32 seconds East, a distance of 442.84 fieet North 76 degrees 16 minutes 39 second East, a distance of 10.30 feet, South 00 degrees 17 minutes 21 seconds:Ewt a distance of 51.50 feet and South 32 degrees 30 minutes 21 seconds East; a distance of28,3Q..ieet, said 3/4 inch icon rod being an angle point in the :east right qf-way line of said East Loop 820; THENCE South 92 degrees 27 minutes 17 seconds East with the ' north line of said Lot I -R and with the south line of said 3.14 14 acre tract of land, a distance of 188.89 feet to a point for comer; THENCE South 32 degrees 26 minutes 21 seconds East with the riartheatterly 4e of said Lot. 1.-R and with the southwesterly line of said called 114 acre: tract of land, a. distance of 584.70 feet to a point for corner, said point being an angle point in the east line of said )rot i I -R, said point being the south corner of said called 3.14 am tract of land; THENCE North 07 degrees 24 minutes 56 seconds East, with the east line of said 3.14 acre tract of land, a distance of 117.61 feet to a point for the southwest comer of a 0.334 acre tract of land (by deed) being deeded to Texas Electric Service Company as recorded in Volune 7270, Page 1041 of said Deed Records of Tarrant County, Texas, THENCE North 67 degrees 32 minutes 34 seconds East, with the south line of said 0.334 acre tract of land, passing at a distance of 99.19 feet, a point for the northwest comer of said Tract 2, in A a distance of 108.67 feet to a point for the northeast comer of a tract of land described as Tract 2 being deeded to Texas Electric Service Company as recorded in Volume t814, Page 319 of said Deed Records of Tarrant County, Texas, said point being the northwest comer of said 0.922 acre tract, of land; THENCE South 25 degrees 11 minutes 18 seconds East, with the southwesterly line of said 0.922 acre tract of land and with the northeasterly line of said Tract 2, a distance of 72.64 feet to the POINT OF ]BEGMMG of the herein described 35.0' Permanent Sewer Facility Easement-, THENCE North 26 degrees 35 minutes 39 seconds East, a distance of 2.53 feet to a point for comer, Exhibit "C'Page 1 of 6 Easement and Right of Way Page 17 of 41 SA . NITARY SEWER REHABILITATION CONTRACT 90 CITY PROJECT NO. 02382 Parcel # 2C PIC 6100 E LANCASTER.AVENIJE TRACT 2613, S. G. JENNEIGS SURVEY, AB. $43 THENCE North D degrees 56 mutes 52 seconds West, a distance of 70.92 feet to a point for comer in the north fine of said 0 '.922acre tract of land said point being in the south line of said called 0.334 acre tract of land, THENCE North 67 degrees 32 minutes 34 seconds East. with the north line of said 0.922 acre tract Of land and with the south line of said 0.334 acre tract of land, a distance of 35.04 feet to a point for -comer, THENCE South 23 degrees 55 minutes 22 seconds East.. a distanced 86.54 feet to a point for comer, THKNCF, South 26 degrees 35 minutes 39 seconds West, a: distance of 46.60 feet to a point for corner in the southwesterly line of said 0.922 am tract of land and. being in the northeasterly lmie of Said Tract 2;. THENCE North 25 degrees 11 minutes 18 seconds West, with the southwesterly line of said 0.922 acre tract of land and with the northeasterly fine of said Tract 2, a distance of 44.55 feet to the PORIT OF BEGE4NING, and containing 3,617 square feet or 0.083 acres of land, more or less.. Notes: (1) A plat of even survey date accompanies this legal description. (2) All bearings earings and coordinates are referenced to the Texas Coordinate Systern, NAD- 83, The North Central Zone 4202, all distances and areas shown are surface, (3) Surveyed on the ground February 10, 2017, Date: May 29 V4 BredProfessional�Professional lind Surveyor No. 5254 Gorrondona & Associates, Inc. 75241ack Newell Blvd. So. Fort Word), Texas 76119 Texas Firm No. 10106900 Exhibit "C" Page 2 of 6 Easement and Right of Way Page 18 of 41 UW TABLE f9c3l EXHIBIT f9c3l EXHIBIT iJNE BEARING ' DISTANCE L—i N 71F16'39"E 10.30' 2 S 0Cr17'21 AE. 51.50' L 3 5 3i30'21 °'E 28.30' F.iRC= No. 2C PE 5. G. JENNINGS SURVEY A133TRAC7'- N0. 843 LL H 50 25 Q so SCAB `IN SET 01FIC RAILROAD UNION PAC, 31JR1�fldlG 314 ACRES (BY Q�U� IUUM 3M PIKE ttVAs cS WsTaa. taeM—a3. THE NantWK M carnF+k. 42D2; ALL ti15ilV4CiS AKD AFtFAS SM;:74 ARE 91MF11aE. 3+1}RYEYED a'i 1HE G0117d1 FERt7L1RY 70. 5077. Sabo TeMCK"aH snRMr FaRr cmxrH, rocAs 7.15102 --SANITARY SBWRR REHABILITATION, - - - - CCN�'.�AC�' 90 qF r. 0:965 Easement and Right of Way FEET OR 0.083 ACRES rtON L, QDOF'.EGi k'0 5254 `� n �. sui�rra rmm FM mia =1424 FAX 817—¢91S-17d8 Page 19 of 41 MATC.B'LINE a�A �, F RRCEL No. ZC PE LINE TABLE _ LINE BEARING I DISTANCE a \ T, `♦ S. G. JENNINGS SURVEY `�♦ T1 ABSTRACT NO. 843 \ ` ♦ TOWER \ &14 AMM (DY DEED). \♦TEXAS LOW SOME co. \ VMM MA PACE M2 \\ r DAT-C-7. LOT !—R BLOCK D `♦ LAXETrMW ADDITION ♦` � °� YOLU" 388-64, Pd GE 41 �. P.14T.C.T. ♦♦ ♦ \ `♦ TE7TA5 EiEC'P01C PO"M OF MACT M \ L'MM tM, PACE tenor My EASOM _109 4 PORM OF TRACT t G1 WUME M4-54. PACE 41 \ 401M ISM PACE 57 PATC.T. \ POR710i) Of TRWT M \ 4'dl M 17d54 PACE 3M \ o.astx 50 25. 0 60 `\ SCALE IN FEED" e�rEs 2 LL MM ° AND � WAIM WE � ID WTM E MATCHLINE19B" �� �aaa AM WMACE. 3. SU VEYM ON TM MM MRUWY 10. 2017. City of Folpl- Worth 1000 IMOC MORTON STREET • FORT WORTH, YExAS 78102 SANITARY SEWER REHABILITATION, — - � 0 CONTRACT 30 PARCEL A.D. 2C PE I CITY PROD. NO. 02352 0.965 Easement and Right of Way Page 20 of 41 EXHIBIT 'T MATCH'LI1lM1s ",6" PARM No. zC Pff UMMY AAAMON \ o��• ;yam VOLM& 388--54. PAGA 4f \, � � VMUfE 30�^% PACE 41 1 OWT TONER P RT.CT. \_ S. G. .KENNINGS SURVEY ABSTRACT NO...843 1 Opp LOT 5--lT MOCK .D. LA'Ym)r ADDIrrok VOL&U& 389-^46, PACE 37 P.,R.T.C:T. we Rei�l.T'f w . YOUM U54 PACE 477 G, UCT. / 15.I_ DAW MM it MTV EAS kIT / YCUFM P PAGE N ! / ROSSER STREET (A 60.0' RIMT=OF—WAY) CVE TAB LINE -- BEARING p15`iAPJCE L 4 N i)7'24 56 E 127.61' 11. A 6EPaFl DE9MTriM OF €YPe=7 OAY€ EJCGQF4PAMES 9,3ES PLAY. 2 Ate SAGS AtiD COOR��JATES ARE ACED TO 7,� TE7fA5 �i{�Ti3d�T1; SYSiEkL ;BDmt,3. THE RO11F1 CEYft�i ZO,'.E 4?tiTa. 1l.L D`aFAll+CfS NO AtFFAS Ste! ARE a9Fi4CE 3. S11{fi� 0.0 iH6 C4304M FEBg1G4lTY ,0. 2817 . .�a(„ATCIILIIlTE"C" ,oao T,"90CtSMD'tT1Qi4 s,R.EET FORT WaRT+, T€YAS 70102 SANITARY Sis'WBR REHABILITATION, CONTRACT 9f1 '����F •�c� f PARCEL N0. 2C PE CQY FROJ. NO. 02302 t? f• � � . � � W LOCA7tQPl: Cf1Y OF FORT WOEi7H. TARRAPff COQIPFlY, TEXAS EASEML11`f ACLI1lISMO•�0 ARM 3:617 9gkJAl3E 1'EEi OR 0.0213 ACRES Wli>JiE PRO. -BUY ACREA61L 0.965ACRES Clll..Gl#lATF-B) W. M,14ot.� _ DtlA,4'�! M a:x, CAQ FMFM ®ATE: ax 2SI, xa,s c M s OF s ISM ,' - 0 _t�tiUQt�i� Ps ASiTES: HIC. • . •��••� �4 dMX NMgi. Effi!&RD ac+trkH FM W4 Easement and Right of Way Page 21 of 41 EXHIBIT SIC 19 j PARCEL No. 20 PF 14 J.005' Iaf OtW) i VruY , TT7�l f'F.Crr!!C SER'rtr - VOLUME 47441 PAGE 042 0.040 ACRE (6Y DEED) O.R T,CT. PP l"AS E{;EC c SE WE CO. a VOLUME WI, PAGE 474 D:t7.res, � UNE TAt3IF, UNE BEARING_ DISTANCE L— 4- N U2 5.61 127.61' L N `26 35 3 "E _ 2.53, L 6 N 23 56 52 70.92 I 7 N 67'32 34"E: 35." L 8 S 23'55'22"E 86, s4' L--113 N 251.1'18"4V A�k,55 0.334 ACRES (BY DEEO) TESA3 ELECTIOG $ERVIOE CO, VOLUME 727% PAGE $041 O,R.T:O.T. 1'�l / S. G. JFs'NN-rNrS SURVEY ABSTRACT NO. 848 KV TO JWER 410EOtPANY 1" •"•••,J Ott OF TRACT N 14n PARE: 109 Nor TRACT t IN TRACT E 1508, PAGE 57 itm aEC1810 SEANCE ON OF IRACi IN VOL 18E4. Pi:. 319 4758, PAGE X1 D,N„C.T. 01%T.C.T. jW T ii.Cl.RiINE " C o f LOT f )RLOG.r 83 EAWjDl,SY- ADDTTVIV YOLUM 388--f55, FACE 60 LOT f —R GUY BLOCK 31 HANDLEY ADDITION VOLUME 388-53, PACE 488 PERMANENT P.12,T.G:T. SEWER FACILITY EASEMEN1 3,617 SA. Fr. OR 0.083 ACRES 0.922 Ai:I2 (RY DEED) TRACT N9. 2 1FYAS ELECTRIC SERVICE CD_ NNW MRW PAGE WA D:kT 4.T. ONCOR ELECTRIC DEUVERY C}AIPMY LLC C.C.F. NO. D209327919 O.P.KT.C.T. 50 2,5 c 54 SCALE IN FEET EJt7TIES: 1, A LFGAE. EOF,SCRIPTION OF EVEN 90i A"OMPMIES THIS PE AY. 3. lty f Jl—�— a rth ioo0 THROCKMORTON StREET • FORT WOM, IE)M 76102 SANITARY SEWER REHABILITATION, OF CONTRACT 90 -- PARCEL NO, 2C PE I CITY PROJ, NO. 02382 ' Qy 35.E lPERMANE".N`t' SEWER I=ACIUTY EASEMENT _ J.ON L, ',CGOP'.ER FEET OR 0.033 Easement and Right of Way Page 22 of 41 SANITARY SEWER REHABILITATION CONTRACT 90 CITY PROJECT NO, 02382 Parcel # 21) PE 6100 E LANCASTER AVENUE TRACT 26D, S. G. JENNING. S SURVEY, AS. 8.43 EXMBIT 4qD,, Being a 35.0' Permanent Sewer Facility Easement situated in the S. G. Jennings Survey, Abstract No. 843, City of Fort Worth, Tarrant County Texas and being out of a poAi6h of a 0.334 acre tract of land being deeded to TOM Electric Service Company as recorded in Volume 7270, Page 1041 of -the Deed Records of Tarrant County, Te=% said Texas Electric gervicP Company now being owned by OncorElectric Deli -very Company, LLC according to the Affidavit of Name Change , recorded in Couaty Clerk bile No. 1)169317§19.6f the 1 " '. ]hbA, Records ords of Tarrant County, Tong, said 35.0'.Pqrmonent Sewer Facility Easement being: mom particularly described by metes and bounds as follows. - COMMENCING at a M inch iron rod with cap stamped "Area Surveying" foimd for the northwest comer of Lot I -R, Block D of Lakeview Addition', an addition to the City of Fort Worth, Tarrant County, Texas according to the PW recorded, in Vohnne- 389-54, Page 41 of said Plat Records of -Tarrant County, Texas, said 1/2 inch iron rod with cap sumped"Area Surveying!"being the most westerly southwest comer of a 3.14 acre tract of land (by deed) deeded to Texas Electric Service Company as recorded in Volume 3 763.,_ Page 642 of said Deed Records of Tarrant County, Texas, said 1/1 inch -1.M.0 rod being in the cast right -of way line of East Loop 920 (a variable width right-of-way) from which a 3/4 inch iron rod found for an angle point in the west linc of said Lot I - R bears South 00 degrees 18 minutes 32 seconds East a distmce of 442.84 feet North. 76. degrees 16 minutes 39 second East, a distance of 10.30 feet,:South 00 degrees 17 minutes 21 seconds East, a distance of 51.50.feet- and South 32 degrees 30 minutes 21 seconds East, a distance of 29.30 feet, said aid 3/4 inch :iron rod being an angle point in the east right-of-way- line of said East Loop 920; THENCE South 82 degrees 27 minutes 17 seconds East, with the north line of said Lot I-R and with the south line of said 3.14 acre tract of land, a distance of 1199.89 feet to a point for corner; TH WCE South 32 degrees 26 minutes 21 seconds East, with the northeasterly Line of said Lot I-R and with the southwesterly line of said 3.14 acre tract of land, a distance of 594.70 feet to an angle point in the east fine of said Lot 1-R, said point being the south corner of said 3.14 acre tract of land, THENCE North 07 degrees 24 minutes 56 seconds East, with the east line of said 3.14 acre tract of land, a distance of 127.61 feet to a point for the southwest comer of said 0.334 acre tract of land; THENCE North 67 degrees 32 minutes 34 seconds East, with the south line of said 0.334 acre tract of land, passing at a distance of 89.19 feet a point.for the northwest comer of a tract of land described as Tract 2 being deeded to Texas Electric Service Company as recorded in Volume 1814, Page 319 of said Deed Records of Tarrant County, Texas, passing at a distance of 108.67 feet a point for the northeast comer of said Tract 2 and being the northwest comer of a 0.922 acre tract of land described as Tract No. 2 being deeded to Texas Electric Service Company as recorded in Volume 3155, Page 324 of said Deed Records of Tarrant County, Texas, in all, a distance of 112.20 feet to the. POINT OF BEGINNING of the herein described 35.0' Permanent Sewer Facility Easement; THENCE North 23 degrees 56 minutes 52 seconds Nest, a distance of 101..5 1 6et to a point for comer in the north line of said 0.334 acre tact of land; Exhibit "D" Page I of 6 Easement and Right of Way Page 23 of 41 SANITARY SEWER REHABILITATION CONTRACT 90 CITY PROJECT NO. 02382 Parcel # 2D PE 610.0 E LANCASTER AVENUE TRACT 26% S. G. JENNINGS SURVEY, A.B. $43 THENCE North 66 degrees 56 minutes 59 seconds East, with the north fine of said 0334 acre tract of land, passing at a distance of 21.74 feet, a point for the southw0st comer of a 0.046 am tract of land (by deed) deeded to Texas Electric Service Comp any as recorded in Volume 3891, Page 478 of said Deed Records of Tan -ant County,. Texas, said point being in %e east line of a tract of land described as Tract I and being deeded to Texas Electric, Service. Company as recorded in Volume 1506, Page 57of :said Deed. Records of Tarrant County, Texas, in all, a distance of 3 5.08 feet to a point for corner, THENCE South 23 degrees 55 minutes n seconds East, a distance of 101.87 feet to a point for corner in the south line of said 0.334 acre tract of land and being in the north line of said 0.922 acre -tract of land-, THENCE South 67 degrees 32 minutes. 34 secondsWest, with the south line of L said 0334 acre tract of land"and with the north line of said 0.922 acre tract of land, a distance of 15.04 feet to the POINT OF HEGVfMNG, and containing 3,564 square feet or 0.082 acres of land, more or less. Notes: (1) A Plat of even survey date accompanies this'legal description. (2) Altbearingsand coordinates are referenced to the Texas Coordinate System, NAD- 93, The North Central Zone 4202, all distances and areas shown are suTfne- (3) Surveyed on the ground February 10, 2017. Date- May 29,2018 6WA Wstered Professional Lan Surveyor No. 5254 Gorrondona & Associates, Inc. 7524 Jack Nowell Blvd. So. Fort Worth, Texas 76118 Tdxas Finn No. 1006900 Exhibit "D" Page 2 of 6 Easement and Right of Way Page 24 Of 41 so gy LINE TABLE PARCEL No.. 9b Pffl i INE BEARING DISTANCE L-2 S 66"17.21*E 51.�U' L-3 S 3Z3{] 21 E %8.34 S. 0. JENNINGS SURYIs'I' ABSTRACT" 1lr0. 843 ION PACIFIC MILROAD 50 25 0 50 SCALE IN FEET 0. cQ ix M ty Monwoue of Fort Worth M �l EA► SIFiiVEYENO 3.if AftiS (eY RFD) iFXiSSF1.F.Ci1Rr;C �+10E CD. �27 1 9�O1lM 3763, E; Easement Loeanald: cmr of r-ofrr wo EASEA4ENi' ACQtIf5M0N ,4F3M" UYi10LE PROPERTY /kCRFAGE: 1 JOS No. fdl1ZL1401.06 QkTE: MAY a9. GOMMMOIA 2016 & ASgJ11ES, flNt and Right of Way Page 25 of 41 MATCHLINE "A" PARCEL Nm ,!D PE rAa1.t= LINE GANG u�1E DISTANCE \ \ \V ,\ f- S. G, JENNINGS SURVEY \ ABSTRACT NO. 843 V � T \\ �} AMM (BY DEED) iEfAS4i]iCl�l sum m \\ eap .%WW 37i1,i. PACE bit 1p LOT` I -R \\ MOCK . 0 L.AATVIBII AMMON �\ VOLUME 398--54, PAGE 4i \ t \\ E1EC1Ts+b \ POR IN - VM ' 1477, PAGE 100 109 unmr. ANT \ Pat111L'! W PACT 1 PA YGLlK MO-% PAGE 41 \ 1�41M 1Sl>tt, PAM 37 PJLTC.T. \ POffM OF TRACT M 4glfM 17M PAGE M3 \ D.RT -T. 50 25 0 50 \\ SCALE IN MLI NOT= 1', A t,�AL MCRFrTttst OF EM R.\TE ACOMPAMES TM PLAT. Z. A9i. ®€A1 M s C0074MI S ARE ROMEH f4 TO Ti1E TM COOFMINATE SYSM MAO-es. THE KOlfiF1 CENTRAL ZONE 420% ALL DWAi� AND AMS ARE 9AFACE 3. SUHUEYED at IME GROOM FESft1NW 10 2017. .3ATCHLIME"B„ two city f Fob h Meo1000 THROM4MON STREET • FORT WORK Tff S 76102 S"ITARY S IFER REHABILITATION, C'ONPRACT 90 4'0�D. 20 P CITY PROJ. NO. 02382 ` FEET OR 0.OB2 «• i Easement and Right of Way Page 26 of 41 I MAT CHMNE "B PARCEL. No. 2D PE MATCHLINB ` - v. LOT 1-R �, . MOCK D LAJTnZ ► ADDITION �� a .. 7 s Eu VO.LU N Saa -54, PAGE 4f �, c" + uu� P R.T C.T. 1R0' U7K.IiY EASFal91T �*C 40CU1 36B-5i, PPGE 41 \ TO dEFt 1 S. G. JENNINGS SURVEY ABSTRACT NO. 84,E OPP LOT 8-8 _BLOCK D Ld"FMY AMMON VOLUMN 388-96, PAGE' 37 P.R.T. C.T. PAGE A. xu ucw of 1RACT � WOtJ�tE-1477; PAd;E 109 PO[iWOF TRACT 1 M voum 15OJ. PACE 57 Pam ew IJlw 11 VOUNE 17M PAW M 0.R.L6T. 11 Am li£A1.TY Bic VOUSE S:fS3. PAGE_ 477 DAIC.T. l ILO' CRA NE A URtiflf VADMV YOLM 36a- X PAGE V / f P.M.Ct f I _LINE TABLE 7 r KV /1\ LINE I BF.A+RI G DISTANCE ! / WJW L-4 N Or74 36 127.61 ff % - ml37 ��6/ (A 60.0' RIGFff -OF-WAY) Aar .6 �T i _A � Doct: °d or � WE A Yia�s P►Ar. �0 25 Q �� � ANA SYSM{NATES a� RM.MM ED TC 1� III■I ,Fx� o00rd0arAM s�4 M0—�. �. N0>�n1 cMtr1*L ZOW 42M ALL O'uTTANCEB Aldo MAS MM AM VJNXCmmi 3. SURVEM CW TM QWU140 FMRUW ta, 2017. -SCALE IN FEET r-ort Worth 1000 THROCKYOHTCN STREET • FORT WORM. TEXAS 28102 S"ITARY SEWER REHABILITATION, CONTRACT 90 PARCEL. M M PE J CITY PROD. NO. 02382 691 N' W _0t ql. UON :L. COOPER. , y op ,. 4 - .» 5 350 PERlA KENT 'SEWER FACILrFY MENT - OWNER: ONCOR I LEMIC. OELi+lMY COMP>AW LLC SURVEY: S. G. JI7dPdfl< GS SURVEY ABS'MCT NO. 843 _ LOCA71ON: MY OF FORT WORTH, TARI3W COUNTY, TEXAS EASF.[SIENT AM37SIilON ARE+: 3,584 SQUARE FEE? OR 0.082 ACRES - WHOLE PROPERTY ACRME- 0.348 ACRES (CALCULATED) N L. C EFL ImuPidOFE9Sl AL 9UAm .3264 MAS FIRM I0ID5M J"M No. NAXEr14MAD I M F1LQ HAZE1401-PAR 298* 8 MME NAY 29, 2016 1 MOW D ME 5 CiF fi 1 Fry r. .1 QORRC?fipONA A ASSOCK706 W_ - 7324 ill MUMAM AM 94lM i Q iA . M 7011a . 4 . 17-06-1424 FAX $17-426—Mfl Easement and Right of Way Page 27 of 41 A14 MKS w tECJ IIEW #3fm% Vl,� SI CO. p4xd 1Air 31m 1 !A,:.0 L4F Q SEWER IFACILM EASEMENT 3,564 SQ. FT. OR 0.OB2 ,ACRE ;ate kY TOWFE2 ^.-..1 1/d 11-4 ,4., - Tms UCTRIC SERVICE COEWANY IR ION OF 1RAdT IN MME 1477, PACE" 109 RION OF RtACT 1 IN TRACT 2 111 1904, PACe E57 Mki ELEC= SER)RE E �R1lIN OF TRACT IN VOLlm, PG. 319 .UME 1768, PAGE 303 O.R.T.C.T, O.RIMT, MATCHUNE'° rsy POCEL No. 2D PE T(;uv MA ACRE (SY 13E}1)) Pp TEXAS ELEGINC SERVICE GO. VOLWME JOW, PAGES 470 D.R.T.U. LIFE TABLE LINE DEAtNO FIST E L-4 N 0724 56 E 127,01 L-3 m 2X515 52 lol.3 L-6 N OW56 i= 35.08 L-7 S 23'55 7 101.87' L--8 S 5732 3+! 7 35.04' 4,334 A (6Y ORD) 0-AI Biocx 8z W" "GTRIC SARI CO. TMME 7010w FACE %M BANDLEY AUDITION r9.R.7O.T., VOLUlM►s' s88-158, PArrE sD COMPANY, LLC C.U. NO D209327919 ©.P.R.T.U. LOT I --A ;t>Y BLOCS $f HANDUr ADDITFON VOLUME 888-58, BACR 488 RR.T.0 T. S. G. rENNINCE SURVEY ABSTRACT NO. 848 0.922 ACRES (BY DM) TRACT Ha 2 7WS q.ECTAIU SOVICE M VOLIAW 3165, PACE 324 O,R.T,C.T: 50 25 cl 50 1, A LEAN. DESCR1F'nQN OF EVEE14 VATE ACCOMPAh�4 TEJG PLAT. Z .ALL 9FMINGS MEO COORDINATES ARE; REFERENCED TO THE TEAS COORDINATE S°r"3 Wi WJD-83. [HE h0M CENTRAL ZONE 4202. ALL DISTANCES AND ARW SHOWN ARE SUPFACE 100D THROCKMORTON MEET FORT WORTH, TEXAS 76102 SANITARY SEWER RMABILrTATION, CONTRACT 90 � ♦ r4 F' 1 2D PE Ctii' PR[hl_ NO. 02382 INANENT SEWER FA.gL.11Y EASEMEW - ( JON L. COOPER EASgMENT ACRUISMON ARM 3,564 SQUARE FED OR 0.062 ACRES WHOLE PROPS- TY ACRE+1M O.349 ACRES CFILCLIIA v) P. 1 Y Easement and Right of Way Page 28 of 41 SANITARY SEWER RER"111TATXON CONTRACT 90 CITY PROJECT NO.62382 Parcel # 2E PE 6100.E LANOASTER AVENUE TRACT 2613, S. G. JENNINGS STjR.'ft Y, AB. 84 Being a 35.0' Permanent Sewer Facility Easement situated in the S. G. Jennings .Survey,. Abstract No. 5431 City of Fort Worth, Tarrant County Texas and being out of a portion of a tract of land desddbed as Tract 1 deeded to Texas Electric Service Company as recorded in Volume 1506, Page 57 of the Deed Records of Tarrant County, Texas, said'Toxas Electric Service Company now being owned by Oncor Electric Delivery Company, LLC according to the Affidavit of Name Change recorded in County Clerk File No. D209327919 of the Official .Public Records of Tarrant County, Texas, said. 35.9' Permanent Sewer Facility Easement being more particularly described by metes and bounds as follows: - COMMiENCING at .a 1/2 iaich iron. rod. with cap stamped. "Area Surveying" found for fire northwest corner of Lot 1-R, Block D of Lakeview Addition, an addition to the City of Fort "Worth, Tarrant County, Tow according to the plat recorded in Volum. 388-54, Page 41 of the Plat Records of Tarrant County, Texas, said 1/2 inch iron rani with cap:starnped ".Area Surveying" being the most westerly southwest wfncr of a 3,14 acre&act of land (by deed) deeded to Texas Electric Service Company as recorded in Volume 3763, Page 642 of said Deed Records of Tarrant County, Texas, said 1/2 inch iron rod being in the east night -of -way line of East Loop 820 (a variable width right-of-way); THENCE North 00 degrees 42.minutes 30 seconds West, with the west line of said 3.14 a tract of land and with the east right-of-way line of said East Loop 820, a distwee of 21.49 feet to a point for the northwest corner of said 3.14 acre tract of land, said point being in the .south line of the Union. Pacific Railroad right-of-way, said point being the beginning of a non -tangent carve -to the right having .a radios of 2,916.05 feet, a ceps angle of 11 degrees 47 minutes 22 seconds and whose chord bears North 89 degrees 16 minutes 58 seconds East, a chord length of 599.96 feet; THENCE with the north line of said 3.14 acre tract of laird, with the south line of said Union. Pacific Railroad right-of-way and with said non tangent curve to the right, an arc length of 600.02 feet to a point for the norfheaist corner of said 3.14 acre tract of land, said point being the northwest corner of said Tract 1, from which a V2 inch iron rod with cap stamped "Geo Data Survey" found for the northeast comer of said Tract I bears a chord of South 84 degrees 31 minutes 48 seconds East, a chord length of 29.18 feet, said 1/2 inch iron rod with cap stamped "Geo Data Survey" being the northwest comer of Lot 1, Block 32 of Handley Addition, an addition to the City of Fort Worth, Tarrant County, Texas according to the plat recorded in Volume 388-155, Page 50 of said Plat Records of Tarrant County, Texas; THENCE South 05 degrees 55 minutes 59 seconds West, with the west line of said Tract I and with the east line of said 3.14 acre tract of land, a distance of 196.28 feet to the POINT OF BEGINNING of the herein described 35.0' Permanent Sewer Facility Easement; r ENCE South 23 degrees 55 minutes 22 seconds East, a distance of 59.91 feet to a point far corner in the east line of said Tract 1, said point being in the west line of a 0.046 acre tract of land (by deed) deeded to Texas Electric Service Company as recorded in Volume 3 89 1, Page 478 of said Deed Records of Tarrant County, Texas; Exhibit "E" Page I of 5 Easement and Right of Way Page 29 of 41 SAMARY SEWER REHABILITATION CONTRACT 90 CITY PROJECT NO. 02382 Paircel # 2E PE 6100 E IANCASTER AVENUE TRACT 26B, S. G. 3ENNINGS SURVEY, AH. 843 THENCE South 05 degrees 55 minutes 59 seconds West, with the east line of said Tract I find with the west line of said 0.046 acre- -tract of land, A distance of. 26.80 feet to a point for the southwest comer of said 0.046 acre tract of land, said.point being in the north line of a 0.334 acre tract of land (by deed) deeded to Texas Electric Service Company as recorded in Volume 7270, Page 1041 of said Deed Records of Tarrant County, Texas; THEME South 66 degrees 56 painutes 59 seconds West, with the north line of. said 0.334 acre tract of]arid, gi distance of 2.1.174.feet to a point t'oz comer-, THENCE North 23 degrees 56 minutes 52 seconds West, a distance of 21.60 feet to a point for comer tin the west line of said Tract 1, said point being in the east line of said 3.14 acre tract of -land; THENCE North 05 degrees 55. minutes 59 seconds bast,with the west line of said Tract 1 and with the east line of said 3.14 - acre tract of land, a distance of 70.48feet to the POINT 0F,ZEGE4NIKG,, andcontaining I,683 square feet or 0.039 mzds of land, more or less. Notes: (1) A. plat of even survey date accompanies this. legal description. (2) All bearings and coordinates are. referenced to the Texas Coordinate System, NAD- 83, The North Central Zone 4202, all distances and areas shown are surface.. (3) Surveyed on the ground February 10, 2017. Date: May 29,2018 Jgnp C00W -- 4j;btered Professional L surveyor No. 5254' Gomndona & Associates, Inc. 7524 Jack Newell Blvd. So. Fort Worth, Texas 76118 Texas Firm No. 10106900 Exhibit "E" Page 2 of 5 Easement and Right of Way Page 30 of 41 EXHIBIT OPE 911 PAR 114 5.0 25 0 50 IN FEET' .L UNE TA13LE NF RING I DISTANCE L- .2'30'W j _21.432d UNION PACIFIC RAILROAD 0. C2-.M C-1 M';wwM H�rW S. JRNNINGS SURVEY SU,;EYf' ABSTRACT NO.L 843 1.14 ACM Oy 0M) ims UZIMISM=CqE MUME 042 iL 0 0 LOT O.-.R BLDOX D A uawwr AnzwoN ;rozujm a88-e4, PAGE 41 P.,R.T.C.T. to.0 Ulm ELMM VMUME 3M-54� PAM 41 PAT.u. x. City of Fort Worth 10M rNROCKMORTON STRUT - MAT WORM, TEM 70102 SANITARY SEWER REHABILITATION, '. pe CONTRACT 90 - lq� I OF pp I MY PROJ. NO. 02382 A-0 1 1,683 SQUARE FEET OR 0.039 ACRO 0,194 ACRES (rALCUM Mur K 3 QE 3 f SG1iJr 1-1 C. - 7524 MELL BOULMM SOLM F01 -7 Easement and Right of Way Page 31 of 41 EXHIBIT �VEII FBI BUZ No. ZE PE .fir• -Vg' Ito- F -MfMl �;]LET.CT�#+7�C:31" I:�F1� liEL'WW i AIII U i �l S. C. ►fEArNINCS SURVEY ABSTRACT NO. 843 ANION PACIFIC RAILROAD C-1 3.tA ACRES {8Y DEEDj Tf%AS E6'20 S'YO M VOLUME 3753, pACM 442 D.A.T:GT. Ta 1, 1/7 V- KV SIN FEAT rnlwE� THIS PLAT. TA THE II3. 9URVIEWD N THEIOROIJND MRUMRY 10AU D9FMCES MO ARW t1OWN M1 ARE SLIRFAGE f TRACT 1 MAS ELECTRIC EMCE CO Vm.1 ME 1-506y ?Aff V D.R.MT t3NG0111 ELEGIRIC iiELVFRY C17'SPANY, LJ..0 C CF. No. L)208327919 O.P.R.T.C.T. m m 0 MATCIILINE pjr.8 NO 1/21p.. mkil — CAP rSXMPED '090DATA SURVEY" / -4""Ob-r of Fort WortL- WO THROCKMORTON STREET • FORT WOM., IVAS 76102 SANITARY SOWER REHABILITATION, T CONTRACT 90 OF .r�� D. 2E PE CfTY PRRJ. NO. 02382 MAN9NT SEWER FACWY EASEMENT - J.ON L. Gig f2 NCOR ELECTRIC DELIVERY COMPANY, LL,C _ f . i. G. JENNINGS SURVEY ABSTRACT NO, 843 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS •SS -� ACQUISlilON AREA: 1.,03 SQUARE FEET OR 0.039 ACRES DE''ERIY ACRFAGE: 0.194 ACRES (t:ALCUL.ATED) 1 I Easement and Right of Way Page 32 of 41 MATCHLINE, OPB s ass5's9'w 196:28' 3.14 ACRES (BY DEED) ' TEXAS fit TRIQ SEFWE CO. aftoxw- SEWER EAciur EASEMENT 1,683 SQ. FT. PARORL No. 2,V PE AO WMS ELECTRIC SERMCE CO. VOLUME 1300, PACE 57 O.R.T.C.T. ONCOR ELE07RIC OEUVERY li CLIMPANY, LLC C.C.F. No. 0209327919 O:P.R.T C.T.0.046 ACRE (BY DEED) WAS ELWMC SERVICE Ca. j VOLEASE 3591. PACE 478 ! D.R.T.C.T. 9.334 ACRES WY DE&D) 'IEMS EE.ECOIC WY CF 90. VOLUME 1270, PACE 1041 o,s.T.o,r. LOT If BLOCK 8.2 HANXEY ADDITION VOLUME 388-155, PAGB 50 P.R. A C.T, LINE TABLE LINE BEARING DISTANCE L-2 S 23'55'2VE 59.8.v L-3 S Q5'55'59°'W 28.8u, L-4 S 88'$8'5WW 21.74 L-5 N 23'56'52`W 21.60' L-s I N 0 55'59"E 70.4' S. G. JEN11 INCS SURVEY ABSTRACT NO. 843 LOT f--R BLOCK al I "DliY ADDITION VOL.UMB 888-68, PAGR 488 TEXAS ELECTRIC "y SERVICE COMPANY �� , &022 ACRES (iiY DF A) iRACET Ao. 2 PORTION OF TRACT 1N VOLUME 1477. Ph�E 103 n �+ �' `+' iEX/45 ELECTRIC SER4ICE CO. VVLUl.!E d15S, PAGE 324 PO TIOY OF TRAOT 1 IN VOLUME 1506. PAGE 57 PCRite1a OF TRACT IN VOLUME 1788, PAGE 303 D.R.TC.T NOTES. 1. A LOAL DESCRIPTION OF 3EVF1 DATE nOOIMPANIES THS PLAT, 50. 25 0 50 2. ALL SEAMMOS AND COORDENAIs ARE: REFERRTOED TO rK TEXAS COORDINATE. SYSIM., NAD- 53. 7K NORTH CtrtWIL ZONE 5202 ALL DISTANCES AND ARMS SHOWN ARE SURFACE. 3. SURVl YF.i1 +3N THE aROWD FEBRUARY 10, 2017, -- SCALE INFEfql llq;p CC 'ity of Fort Worth 1000 THROCKMORTON STRF•'L4T FORT WORTH, TEXAS 76102 SANITARY SEWER REHABILITATION, - Or" �'�?1Y?'C' D ',�F-- �,jti — ' 9c1� N k.. COOPER PARCEL NO. 2L PE CITY PWi I�Q, 02382 PI12M1AI 04T SEWER 1=AC]L1TY EASEMFW- 9 Le1l INWHOLE PROPERTY ACREAGE: 0.1 I= fi,1R,inwirim% k Anti{VJA,FK IN(:- , yifty{ .mi-K NlVEJL tl Hl VANil NFIM 1 PUMI E HIM. !Z. /elln • }, Klf-49tlr+11HX I= Easement and Right of Way Page 33 of 41 SANITARY SEWER REHABILITATION CONTRACT 90 CITY PROJECT NO. 02392 Parcel # ZF PE 6100 E LANCAS`I'ER AVENUE TRACT 26C, S. G. JF14NINGS SURVEY; AR. 843 MRSM Being a 31,01' Permanent Sewer Facility Easement situated in the S. G_ Jennings Survey, Abstract No, 843, City of Fort Worth, Tarrant County Texas and, being a portion. of a. 3.14 tract of laud (by deed) deeded to Texas Electric Service Company as recorded in Volume 3763, Page 642 of the Deed Records of Tarrant County, Texas, said Texas Electric Service Company now -being owned by Oncor Electric Delivery Company,, LW_ according to the Affidavit of Name. Change recorded in County Clerk File -No, D209327919 of the Official Public Records of `iarraet; Comity, Texas, said 35.4' Permanent Sewer Facility Lasement being more particularly described -by metes and bounds as follows. COMBRNCING at. a 1/2 inch iron. rod with cap sped "Area Surveying" found -for the northwest oorner of Lot 1-R, Block D of Lakeview Addition, an addition to the City_ of Fort.Worth, Tarrant County, Texas according to. the plat reccorded in Volume 388-54, Page 41 of the Plat Records of Tarrant County, Texas, said I/2 inch iron rod with cap stamped "Area Surveying" being the most westerly southwest comer .of said 3.14 acre tract of land, said 1l2 inch iron rod being in the east right-of-way line of East Loop 820 (a variable width. right-of-way); THENCE North 00 degrees 42 minutes 30 seconds West, with the west line of said 3.14 acre tract of land and with the east right-of-way line of said. East Loop 820, a distance of 21.48 feet to a point for the northwest comer of said 3.14 acme tract of land, said ,point being in the south line of the Union Pacific Railroad right- of-way, -said point being the beginning of a non -tangent. curve to. the right having_ a radius of 1,916.05 feet;; a central angle of 10 degrees 31 minutes 33 seconds and whose chord bears North 88 degrees 39 mi.nuutes 04. seconds East, a chord length of 534.96 feet; THENCE with the northline of said 3.14 acre tract of land, with the south line of said Union Pacific Railroad right-of-way and with said non -tangent curve to the right, an arc length of 535.72 feet to the POINT OF BEGMING of the herein described 35.0' Permanent Sewer Facility Easement, said point being the beginning of a curve to the right having a radius of 2,916.05 feet, a central angle of 00 degrees 41 minutes 16 seconds and whose chord bears South 85 degrees 44 minutes 32 seconds East, a chord length of 35.00 feet; THENCE with the northline of said 3.14 acre tract of land, with the south tine of said Union Pacific Railroad right-of-way and with said curve to the right, an arc length. of 35.00 feet to a point for corner, from which a 1/2 inch iron.rod with cap stamped "Geo Data Survey" found for the northeast comer of a tract of land, described as Tract 1 deeded to Texas Electric Service Company recorded in 'Volume 1506, Page 57 of said Deed Records of Tarrant County, Texas bears a, chord of South 84 degrees 49 minutes 04 seconds East, a chord- length of 59.08 feet, said 1/2 inch iron rod with cap stamped "Geo Data Survey" being the northwest corner of Lot 1, Block 32 of Handley Addition, an addition to the City of Fort. Worth, Tarrant County, Texas according to the plat recorded in Volume 388455, Page 50 of the Plat Records of Tarrant County, Texas; Exhibit "F" Page 1 of 5 Easement and Right of Way Page 34 of 41 SANITARY swm REHARiuwm coNTRAcT.90 CITY PROJECT NO. 02382 Parcel 00 PE 6100 E 1ANCASTER AVENUE TRACT 26C, S. G. JENNWGS SURVEY, AD. 843 THENCE South 04 degrees 29 minutes 44 seconds West, a distance of .151.37 feet to a point for TftNa South 23 degrees 55 minutes -22 seconds East a distance of 51-23 feet to a point for -comer in the cast line of -said 3.14 acre -tact of land and being in the west line of said Tract 1; THENCE South 05 degrecs.55 minutes 59 seconds West, with the east line of said 3.14 acre tract of laud and with the west line of said Tract a distance of 7DA8 feet to a point for comer; TH.ENCE North 2.3 degrees 56 minutes 52 seconds West, a diftanoe of 120.96 feet to a point for comer; THENCE North, 04 degrees 29.minutes 44 seconds'Fmt, a distance of 160.37 feet to the POINT OF BEGINNING, and containing 8,480 sqxiare feet or 0.195 acres of land, more or Notes. (1) A plat of even survey date accompanies this legal description. (2) All bearings and coordinates are referenced to the Texas Coordinate System, NAD- 83, The North Central Zone 4202, all distances and areas shown are surface. (3) Surveyed on the ground February 10., 2017.. I . Date., May 29.go 'I JT:w Cooper &&tered Professional and Surveyor No. 5254 Gorrondona. & Associates, Inc. 7524 lack Newell Blvd. So. Fort Worth, Texas 76118 Texas Firm No. 10 106900 Exhibit "F" Page 2 of 5 Easement and Right of Way Page 35 of 41 50 25 0 50 SCALE IN FEEL i ►V. FOUNC w" S MPM EXHIBIT" „F f9 rmcu No. 2F Pz LINE. TABLE ' LINE BEING I DISi�41 [CE L-1 N OQ'42 3U 1.48' S. G. JEN1NINGS SURVEY ABSTRACT NO. 843 UNION PACIFIC RAILROAD c-t 114 ACRES (9Y DEED) TEXAS aECTMC SERYM CO. VC uw. 3763. PAGE 642 ONCOR EUECTRIC DEMY COWANY LLC -. C.C.F..Ma D209327910 O.P.R.T.C.T o ~��\ LOP f—R � (L BLOCS D \ 0 a LAK2VMl'r-ADDJTl0N 0 VOLUME 388-54. PACE 41 P.R.T � \� C.T. \ 10.4' LIALISY £IUKuYF7lT . PAGE FLT.r-T. _4e I. A LErA PblM iR MN OF EVM L1hTE ACGCAIPMWS ftS PLAT. 2. ALl WARINGS ANO COOROMUM ARE RWEROKM TO THE TEW COOROORTE SYSMA WG-03, THE KOM CE41RA ZONE 4202. ALL DISTANCES ARID AREAS SHOWN ME SLWACE. 3. SURVEY® ON TLC GF1O18+D FERILARY 10, 2017. ('7.ity of Fort Worth 1000 THR=MORTON STREET PORT YRAf K YUM 75102 SANITARY SEWER .REB•ABIIITATION, - CONTRACT 30 of y� STFjg-�. PARCEL NO. 2F PE WY PROD. NO. 023a2 �� tf► LOCATION:.CRY OF FORT WORTH, TAfiANT COUNTY, TEKAS EASETYIE 4T ACQIASMON ARFA- 8.480 SQUARE FTE? OR 0.195 ACRES 3.097 9 4.q'N 'L. COOPER .1 L9 Easement and Right of Way Page 36 of 41 .EXHIBIT 91F 99 kARML No. 2 AF i�i "4YL?�1f it [��ifL� � �►��►� [��f���T�!�I� I��i�j��I=�f�1;��,►�H, [�i����Z_��iii� �!i���y��� i; � S. G. JENNINC.S SURVEY UNION PACIFIC RAILROAD ABSTRACT NO. 843 rP 0.B.a UNE TAB UNE- 13EARING. DISTANCE L-21 S 23-55.22-E: _ .51-:23 L-4 N 23-56`52-W 120.96 ` w. rum FC EI `� 6,40 S `ACRES 6�E Q4- . O9s414 /l KY TE S R1C SEi�M uu. TOM. 642 1;o7 DXMt ON tc . ECM .DES' MY iANY, I.LC CF Na IYPC15I327919 50 M 25 0 ,�. 50 1A SCALE IN ME!' R 1. A MAL 0UMPTti1N 4F .8" DATE: ACG0MPMlES IHtS PLAT. 2. ALL @M.'ll %S AND CO JAIFS AM EffM"U) TO THE - - rMa ,gin 'AMM M AM s, su�►rEYM (t iM 0%x" M4w4rf to, "it q- ca TCHLINPrs "B TWO 1 1" 4gRli . A SURVEr bq;w0w City Of r-"r-t Worth 1000 THROCKMMON STREET • FM 11r0OK 7f OS 70102 SANIaTABY SEWER RMABILITATION, I CONTRACT 90 T5, JON L..'COOPER• LOCATION: MY OF FORT l9ORTH, . M 4 ENT ACOUISM014 AREA: 8,48 YHOLE PROPERTY ACREAGE- 3.097 l0�_Ma-¢lA2E_1401.00 __� 0?�i�bJl ha:. MAY 2* 2OIs Easement and Right of Way Page 37 of 41 K7.11 15.0' PERMANENT SEWER 1=ACIUr( BASEMENT EXHIBIT 791 ;. 00 'T, Guy MW ACRE (e.Y OM)) TEXAS EIBCM0 SERVICE CO. VOWME 3nl. PACE 474 O,R.U.T. A� (BY 4f£0) TEibIS €CtNXC SERVICE CO, Y4L1(+�3E 7274, PAGE 1041 D:R.'i:C:T. TEXAS E1.ECrii IC $QVIC£ Co. VOLUME 150a, PACE'67 � V%UA1E 17SO, PAGE V3 1, l- DAT.C;t .c� �� KV "` T0k11 R -> #XOTFSe 1. A. QQ�L [JEWMITTOrc CP MP ElAtE AUMMPANI 'M THs PLAT. 2- ALL WAI rL � ANR 00DRDINAX9 ARE R>i�CCO T4 INE TEVa COCaWHkTC .SY?tIEM, j+ —,�. , ;E «JRPh Cjkki ZGNE 470 ALL UIMPICES AND AREAS 51 N1 ARE SURFACE. J. 6URYt1 w add TK 0mouRa FEBRUARY 10. 2017, I„ih�LE LINE aEARING titSi'AN.CE I.^-2 S 23 3 '22°E 57.2V Sr. QG. JRNNA1Y.i1V'G%�5�' /� �7.BSTS Yi'JCT l.'i O, 8'T3 LOT f BLOCK 3.2 ,umir ADmION voi 1rAff 1e8— f $5, PdG$ 50 P.R. 2. G7. GUY LOT I—B .B.LAC.bC St .ffAl+ff1L.VY AAAITI0IV 3TC3LUMIs' 388--68, PrlG3's 488 0:921 AUiES BY DEED) '11RACT No. i TEXAS fi>GiHIG 5£RNCE G6. VGtUME 3155; AN 324 SCALE IN FEET City of Fort Worth 1044 TFIROGKMOKfON STREET + FORT WORTil, TE1SA3 751.02 SANITARY SEWB.R .REHABILPTA1IDN, CONTRACT 90 W-11 AON L COOPER 1195 Easement and Right gfUVay Page 38 of 41 CONSTRUCTION LIMITATIONS ON Oncor ELECTRIC DELIVERY COMPANY RIGHT OF WAY EXHIBIT "O° 1. You are notified, and should advise your employees, representatives, agents, and contractors, who enter the property that they will be working in the vicinity of high voltage electrical facilities and should take proper precautions, included but not limited to the following stipulations and in compliance, at all times, with Chapter 752, V.T.C.A., Health & Safety Code. 2. Blasting is not to be permitted on Oncor right -of --way or under Oncor lines. 3. Construction on electric transmission line easements acquired by Oncor after January 1, 2003 shall comply with the requirements of Public Utility Commission Substantive Rules §25.101, as amended from time to time. 4. No crossing less than 45 degrees to the centerline of the right-of-way. 5. Grading will be done in order to leave the right-of-way as near as possible to present condition. Spoil dirt will be removed from the right-of-way and no trash is to be left on right-of-way. Slopes shall be graded so that trucks can go down the right-of-way when required and such that the slopes can be mechanically maintained. B. Equipment and materials will not be stored on the right-of-way during construction without written approval of the Supervisor of Regional Transmission. 7. Street or road crossings are to be based on drawings submitted. Any change in alignment or elevation will be resubmitted for approval. 8. No signs, lights or guard lights will be permitted on the right-of-way. 9. Power line safety equipment operations: hazard assessment and precautions inside the work zone area must be performed and in compliance with OSHA Standard §1926.1408 at all times. Equipment shall not be placed within fifteen (15) feet of the Oncor 138,000 volt or less power lines or within twenty (20) feet of the Oncor 345,000 volt power lines. Easement and Right of Way Page 39 of 41 10. Any pre -approved fencing will not exceed eight (8) feet in height, and if metal in nature, will be grounded, at ten (10) feet internals, with an appropriate driven ground. Gates should be at least sixteen (16) feet in width to allow Oncor access to the right-of-way. 11. No dumpsters will be allowed on Oncor right-of-way or fee owned property. 12. Draglines will not be used under the line or on Oncor right-of-way. 13. The existing grade shall not be disturbed, excavated or filled within 25 feet of the nearest edge of any Oncor transmission structure (tower, pole, guy wire, etc...). 14. Right-of-way will be protected from washing and erosion by Oncor approved method before any permits are granted. No discharging of water will be allowed within any portion of the right of way. Drainage facilitation will not be allowed to discharge intolonto Oncor right-of-way. 15. No obstruction shall be installed on the right-of-way that would interfere with access to Oncor structures or prevent mechanical maintenance. 16. Before any work is done under Oncor lines or by Oncor structures notify the Region Transmission Department, 817-496-2746. 17. No hazardous materials will be stored on the right of way. 18. For purposes of this document, "Hazardous Materials" means and includes those substances, including, without limitation, asbestos -containing material containing more than one percent (1 %) asbestos by weight, or the group of organic compounds known as polychlorinated biphenyls, flammable explosives, radioactive materials, chemicals known to cause cancer or reproductive toxicity and includes any items included in the definition of hazardous or toxic waste, materials or substances under any Hazardous Material Law. "Hazardous Material Laws" collectively means and includes any present and future local, state and federal law relating to the environment and environmental conditions including, without limitation, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. §6901 et seq., the Comprehensive Environmental Response, Compensation and Liability Act of 1980, ("CERCLA"), 42 U.S.C. §§9601-9657, as amended by the Superfund Amendments and Reauthorization Act of 1986 ("SARA"), the Hazardous Material Transportation Act, 49 U.S.C. §6901 et sett ., the federal Easement and Right of Way Page 40 of 41 Water Pollution Control Act, 33 U.S.C. §1251, et seg., the Clean Air Act, 42 U.S.C. §741 et sea., the Clean Water Act, 33 U.S.C. §7401 et seg., the Toxic Substances Control Act, 15 U.S.C. §§2601-2629, the Safe Drinking Water Act, 42 U.S.C. §§300f-330j, and all the regulations, orders, and decrees now or hereafter promulgated thereunder. 19. Brush and cut timber is not to be piled or stacked on Oncor right-of-way nor is it allowed to be burned upon or in close proximity to the conductors or towers. 20. No structures or obstructions, such as buildings, garages, barns, sheds, swimming pools, playground equipment, guard houses, etc., will be permitted on the right-of-way. 21. Landscaping on Oncor right-of-way is permitted when Oncor approves landscaping plans in writing. No lighting or sprinkler systems are allowed on the right-of-way. 22. No park or park designation will be permitted on the right-of-way. 23. Gas Pipeline Protective Barrier; Grantee, at Grantee's sole expense, shall provide one of the following protective barriers; 1) a concrete protective barrier between the surface and the pipe that is a minimum of one (1) foot thick by one (1) foot wide, if pipe is wider than one (1) foot, then width of pipe, with the top of the concrete barrier to be at least one (1) foot below the surface or final grade, 2) construct the gas pipeline inside of a proper protective steel casing, 3) where electric facilities are located above ground, install the pipeline a minimum of ten (10) feet below the ground surface, or 4) where electric facilities are located below ground, install the pipeline at a depth that provides for a minimum of a ten (10) foot clearance between the pipeline and the Underground electric facilities. 24. No fire hydrants or manholes will be permitted within the right-of-way. 25. Any drainage feature that allows water to pond, causes erosion, directs stormwater toward the right-of-way or limits access to or around Oncor's facilities is prohibited. Drainage facilitation Will not be allowed to discharge into/onto Oncor right-of-way. 26. No boring pits or other type of pits will be permitted within the right-of-way. Easement and Right of Way Page 41 of 41 -%fff'C-4®02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Sanitary Newer Rehabilitation Contract 90—Part I STANDARD CONSTRICTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 I CITY OF FORT WORTH T/PW SOIL LAB SERVICES LABORATORY RESULTS FOR TEST HOLE AND PLASTICITY INDEX Project: Sewer Rehab Contract 90 Project# 02382 DOE No: Fund Code: 03 Contractor: HOLE 1 Tierney Rd L-2307 LOCATION: 2308 Tierney Rd W/4 6.00" HMAC 10.00" Lt Brown Stabilized Clay W/gravel. The Sewer line L-2307 that runs west of Tierney Rd at #2308 Tierney Rd cannot be accessed due to a house on the sewer line HOLE 2 LOCATION: 2405 Tierney Rd W/4 6.00" HMAC 10.00" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 3 LOCATION: 1941N of Norma St W/4 4.75" HMAC 11.25" Lt Brown Stabilized Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 4 LOCATION: 10'N of Norma St W/4 6.00" HMAC 10.00" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL:24.7 PL:19.6 PI:5.1 SHRKG:2.0 MUNSELL COLOR CHART: 1,OYR 7/4 Very Pale Brawn Sand HOLE 5 LOCATION: 2510 Tierney Rd E/4 3.75" HMAC 5.75" 2:27 concrete (1230.0 psi) 6.50" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: PNSELL COLOR CHART: HOLE 1 E Lancaster Ave L-2319 LOCATION: 5116 E Lancaster Ave "PARKING LOT" 4.00" HMAC 5.00" Lt Brown Sandy Clay W/gravel 7.00" Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 2 LOCATION: 6001E of Tierney Rd S/4 5.25" Concrete (4392.0 PSI) 10.75" Lt Brown Sandy Clay W/gravel This Bore location is at the second driveway of the Apartment complex east of Tierney Rd HOLE 1 Meadowbrook Dr L-3824 LOCATION: 5404 Meadowbrook Dr S/4 3.75" HMAC 5.75" Concrete (5609.0 PSI) 6.00" Lt Brown Sandy Clay W/gravel The other section of this sewer line runs south of Meadowbrook Dr. and cannot be accessed due to fence and trees of the homeowner HOLE 1 Emily Dr L-4281 LOCATION: 75'S of Purington Ave E/4 6.00" Concrete (5672.0 psi) 10.00" Lt Brown Sandy Clay W/gravel The other section of this sewer line cannot be accessed due to Homeowners fence in on the sewer line area that runs east of Emily Dr HOLE 1 Meadowbrook Dr L-3888 L-3888A LOCATION: 681W of Sturges Dr S/4 8.75" Concrete (5569.0 psi) 7.25" Lt Brown Sandy Clay W/gravel The other section of the sewer lines runs South of Meadowbrook and cannot be accessed due to a 30' tall fence. HOLE 2 Weller Blvd L-3888 LOCATION: 3401 Weiler Blvd W/4 6.50" Concrete (4961.0 PSI) 9.50" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 3 L-3888 E LOCATION: 142'N of Jewell Ave W/4 6.00" Concrete (4717.0 PSI) 10.00" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL _COLOR CHART: HOLE 1 Weiler Blvd L-3853 T`OCATION: 2405 Weiler Blvd W/4 )6.50" Concrete (5898.0 PSI) 9.50" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 2 LOCATION: 40'S of Hightower St W/4 6.50" Concrete (6211..0 PST) 9.50" Lt Brown Sandy Clay W/gravel. ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 1 Weiler BLVD L-3854 LOCATION: 2500 Weiler Blvd/4 6.50" Concrete (5469.0 PSI) 7.50" Lt Brown Sandy Clay W/gravel 2.00" Brown Sandy Clay w/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 2 LOCATION: 2516 Weiler Blvd W/4 7.00" Concrete (3859.0 PSI) 9.00" Brown Sandy Clay W/gravel lTTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 3 LOCATION: 2601 Weiler Blvd W/4 6.25" Concrete (2908.0 PSI) 9.75" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 4 LOCATION: 2617 Weiler Blvd W/4 6.25" Concrete (5898.0 PSI) 7.75" 2:27 concrete (1524.0 PSI) 2.00" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 1 Weiler Blvd L-4166 LOCATION: 105'S of Greenlee St W /4 7.25" Concrete (2638.0 psi) 8.75" Lt Brown Sandy Clay W/gravel The sewer line L-3859 runs west and connects to M-202 AND L-3858, cannot be accessed due to fences, trees and a house being built. '�LE 2 CATION: 140'N of Beat St W/4 7.50" Concrete (6774.0 PSI) 8.50" Lt.Brown Sandy Clay W/gravel This sewer line cannot be accessed any further due to fence and trees of homeowners HOLE 1 M-3852 LOCATION: Ally between Weiler Blvd /Grandview Dr W/4 The sewer line cannot be accessed due to fences and housing structures around the area. HOLE 1 Greenlee St M-202 LOCATION: 152'E of Grandview Dr 3.50" HMAC 12.00" Brown Sandy Clay W/gravel The other end of the sewer line cannot be accessed due to a commercial building "U-Store-it" put a fence on the alley area. HOLE 2 Beaty St M-202 & L-6306 LOCATION: 5516 Beaty St S/4 2.50" HMAC 8.50" Brown Sandy Clay w/gravel 5.00" orange Brown Sandy Clay ATTERBURG LIMITS: LL:28.9 PL:18.6 PI:10.3 SHRKG:5.0 MUNSELL COLOR CHART: 10yr 6/4 Lt yellowish Brown Sandy Clay HOLE 3 LOCATION /4 The sewer line from Beaty St that runs south and connects to sewer line L-4738 cannot be accessed due to house, fence and a Driveway over the alley HOLE 4 Geller Blvd M-202 LOCATION 210'N of E Lancaster Ave E/4 6.50" Concrete (6713.0 psi) 8.00" U Brown Sandy Clay W/grave]. 1.50" Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 5 Alley parking lot between Weiler Blvd and Yeager St M-202 LOCATION 25'E of Weiler Blvd 4.00" HMAC 12.00" Yellowish Brown Sand and gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 6 LOCATION 187W of Yeager St 2.00" HMAC 8.00" Reddish Brown Sandy Clay W/gravel 6.00" Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: a4UNSELL COLOR CHART: LE 7 Yeager St M-202 - LOCATION 3651N of E Lancaster Ave E/4 9.25" HMAC 6.75" Brown Clay ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 8 Alley parking lot between Yeager St and Stark St M-202 LOCATION 801E of Yeager St 2.00" HMAC 9.00" Orange Brown Sandy Clay W/gravel. ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 9 LOCATION 60'W of Stark St 1.50" HMAC 14.50" Orange Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 1 Alley between Weiler Blvd AND Grandview Dr L-33858,L-3859 LOCATION These sewer lines cannot be accessed due to fences and houses 'TTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 1 L-4165 LOCATION Grandview Dr / Weiler Blvd Cannot access this area due to vehicles in the apartment parking lot and fences. ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 1 Alley Between Grandview Dr /Weeler Blvd L®4738 LOCATION 847E of Grandview Dr 3.00" Concrete (5791.0 psi) 4.00" Brown Sandy Clay 3.00" old HMAC 6.00" Brown Sandy Clay W/gravel ONLY ABOUT 192'could be accessed, the rest is being block by fences and U-Store-it building. HOLE 1 Cravens Rd L-7113 LOCATION 1201S of Meadowbrook Dr W/4 4.25" HMAC 11.75" Brown Sandy Clay W/gravel TERBURG LIMITS: LL: PL: PI: SHRKG: NSELL COLOR CHART: HOLE 2 LOCATION 2401 Cravens Rd E/4 5.25" HMAC 10.75" Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 1 L-3208 LOCATION 2412 Cravens Rd W/4 5.75" HMAC 10.25" Brown Sandy Clay W/grravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 2 LOCATION 2509 Cravens Rd E/4 3.50" HMAC 12.50" Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 3 LOCATION 2605 Cravens Rd E/4 2.75" HMAC 4.75" Concrete (2027.0 PSI) 4.50" Brown Sandy Clay W/gravel 4.00" Reddish Brown Sandy Clay ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 4 LOCATION 2624 Cravens Rd W/4 2.00" HMAC 5.00" Concrete (1918.0 PSI) 9.00" Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL:29.1 PL:15.6 PI:13.5 SHRKG:8.0 MUNSELL COLOR CHART: 10YR 6/4 Lt Yellowish Brown Sandy Clay HOLE 1 Putnam St M-18 7 LOCATION 2516 Putnam St E/4 3.00" HMAC - 13.00" Brown Sandy Clay W/gravel Sewer line that runs east form Putnam St cannot be accessed due to fence, trees and a house. HOLE 2 LOCATION 2516 Putnam St /4 7.00" HMAC 9.00" Lt Brown Sandy Clay W/gravel Sewer line between Pollard and Putnam St cannot be accessed due to .fences, trees and a building '4OLE 3 .CATION 235'S of Greenlee St E/4 8.00" HMAC 8.00" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: HOLE 4 LOCATION 140'N of Van Natta Ln W/4 9.50" HMAC 6.50" Brown Sandy Clay W/gravel The other end of sewer line cannot be accessed due to fences, trees put up by homeowners HOLE 5 Lancaster Aire LOCATION 100'W of Malcolm St S/4 2.25" HMAC 6.00" Concrete (5752.0 psi) 7.75" Lt Brown Sandy Clay w/gravel Other part of this segment of the sewer line cannot be access due to commercial building, fences, heavy vegetation and big electric power line tower HOLE 1 Rosser St M-265 LOCATION @ Fort Worth St W/4 `2.25" HMAC 13.75" Lt Brown Sandy Clay W/gravel Other part of this segment of the sewer line cannot be access due to commercial building, fences, heavy vegetation and big electric power line tower HOLE 1 dart St LH-5263 LOCATION 1151E of Forest Ave S/4 2.25" HMAC 13.75" Lt Brown Sandy Clay W/gravel Other part of this segment of the sewer line cannot be access due to commercial. building, HOLE 1 E Rosedale St LOCATION 188'E of S Forest Ave N/4 5.50" HMAC 8.50" Lt Brown Sandy Clay W/gravel ATTERBURG LIMITS: LL: PL: PI: SHRKG: MUNSELL COLOR CHART: Approval: Ryan Jeri Routing: Date Tested: 6/23/15-7/2/15 Superintendent Requested by: Walter Norwood Tested by: Soil Lab File Typed: 7/24/15 GC-6a06eD Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 ATTACHMENT 1C Page 1 of 4 FORT WORTH City of Fort Worth Minority Business Enterprise MBE Good Faith Effort Folrra OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: _ BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER 8.0 % % I If Me Offeror did not meet or exceed the MBE subcontracting goal for this project, Me Offeror must ccmp!ste /skis form. If the Offeror's method of compliance with the MBE goal is based upon demonstration of a "good faith effort", the Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 11 below, shall satisfy the Good faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Offeror. Failure to complete this forrn, in its entirety With supporting 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 laid opening date, will result in the bid being considered non -responsive to bid specifications. 1.) please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a MBE or non -MBE. (DO NOT LIST NAMES OF FIB On all projects, the Offeror must list each subcontracting and or supplier opportunity regardless of tier. aaamonar sneers. u List of Subcontracting Opportunities I List of Supplier Opportunities J Rev. 2110115 ATTACHMENT 1C Page 2 of 4 2.) Obtain a current (not more than two (2) months old from the bid open date) list of MBE subcontractors and/or suppliers from the City's M/WBE Office. Yes Date of Listing I I No 3.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (if yes, attach MBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from ABBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (if yes, attach list to include name of MBE firm, person contacted, phone number and date and time of contact.) No 5.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile (fax), exclusive of the day the bids are opened? Yes (If yes, attach list to include name of MBE firm, fax number and date and time of contact. In addition, if the fax is returned as undeliverable, then that "undeliverable confirmation" received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or "undeliverable confirmation" documentation may render the GFE non -responsive.) No 6.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened? Yes (If yes, attach email confirmation to include name of MBE firm, date and time. In addition, if an email is returned as undeliverable, then that "undeliverable message" receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation andlor "undeliverable message" documentation may render the GFE non- responsive.) No NOTE. The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods ar that at least one successful contact was made using one of the four methods In order to be deemed responslve to the Good I~alth Effort requirement. NGTE= The Offeror must contact the entire MBE lisle speclftc to each subcontracting and supplier opporttunity to be In comiplIan ce with quellirtlons 3 through 6, ?.) Did you provide plans and specifications to potential MBEs? Yes No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the MBEs? Yes No Rev. 2l1Oil 5 ATTACHMENT 1C Page 3 of 4 9.) Did you prepare a quotation for the MBEs to bid on goodsiservices specific to their skill set? Yes (if yes, attach all copies of quotations.) No 10.) Was the contact information on any of the listings not valid? Yes (If yes, attach the information that was not valid in order for the MMBE Office to address the corrections needed.) No 11.)Submit documentation if MBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in -camera access to an inspection of any relevant documentation by City personnel. (Please use additional sheets, ifnecessam and affach.) Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MICE participation on this project. The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance shall create a material breach of contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. Rev. 211Oil 5 ATTACHMENT IC Page 4 of 4 The undersigned certifies that the information provided and the MBE(s) listed was/were contacted in good faith. It is understood that any IVIBE(s) listed in Attachment 'IC will by contacted and the reasons for net using them will be verified by the City's R fWB. Office. Authorized Signature Title Company Name Address City/State/Zlp Printed Signature Contact dame and Title (if different) Phone Number Fax Number Email Address Date Rev. 2110115 Joint Venture Page 1 of 3 FORT WORTH CITY OF FORT WORTH MBE Joint Venture Eligibility Form AU questions must be answered; use "N/A"ifnot applicable. Name of City project: A joint venture form mast be completed on each project RFP/Bid/Purchasing Number: 1. Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the join t venture MBE firm name: Non -MBE firm name: Business Address: Business Address: City, State, Zip: City, State, Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: ' 2. Scope of work performed by the Joint Venture: Describe the scope of work of the MBE: Describe the scope of work of the non -MBE: Rev. 2/10/15 Joint Venture Page 2 of 3 3. What is the percentage of MBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions, including equipment: Other applicable ownership interests: 6. Identify by name, race, sex and firm those individuals (with titles) who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Rcceivable): Management decisions: a. Estimating ------------------------ ------------------- ------------------ b. Marketing and Sales ------------------------ ------------------------------------- c. Hiring and Firing of management personnel ------------------------------------------- ------------------ d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's MIWBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's BDE Ordinance. Rev. 2110/15 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision -making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name of MBE firm Name of non -MBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date State of On this Notarization County of day of , 20 , before me appeared and to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires (seat) Rev. 2110/15 FORT WORTH ATTACHMENT 1 B Page 1 of 1 City of Fort Worth Minority Business Enterprise Specifications Prime Contractor Waiver Form OFFEROR COMPANY NAME: Check applicable Block to describe prime PROJECT NAME: nAAMIDBE NON-MM/DB BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if bogh answers are yes. Fal lure to complete this form In its entirety and be received by the Furchasino Division na later than 2:00 p.m., on the second City business day after bid oyeninst, exclusive of the Bid opening date. will result In the bid being considered none responsive to bid apeclfications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. NO Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The Offeror further agrees to provide, directly to the City Capon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) on this contract, the payment thereof and any proposed changes to the original MBE(s) arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Title Company Name Address City/State/zip Printed signature Contact Name (if different) Phone Number Fax Number Email Address Date Rev. 2110115 JR0_%RT WORTH. City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR OFFERORS APPLICATION OF POLICY if the total [idler vialue of the contract Is ,50.000 of inore, than a MBE subcantractinq goal is applicable - POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. The City's MBE goal on this project is NICE PROJECT GOALS % of the base bid value of the contract. Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SSE Utilization Form to be deemed responsive. COMPLIANCE TO CID SPECIFICATIONS On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or; 3. Good Faith Effort documentation, or; 4. Prime Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Purchasing Division, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror snail dalivsr ML- MBE ciocurnentatiork in person to tho appropriate employee of the pufchasing dIvlsiofi ea4d obtain a dateltirne rece[pS , Suoh receipt shall be oviM+ n4a that thb City rived Ills + awmentation In the time alli"tpcl A faxed and/Qr 6ionited copy will not bu accepted. 1. Subcontractor Utilization Form, if goal is received no later than 2:00 p.m., on the second City business day met or exceeded: after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if participation is less than after the bid opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if no MBE participation: after the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day perform all subcontracting/supplier work: after the bid opening date, exclusive of the bid opening date. 5. Joint denture Form, if goal is met or received no later than 2:00 p.m., on the second City business day exceeded:::]L after the bid opening date, exclusive of the bid opening date. PAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE OROINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE 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 G#SQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION PERIOD OF THREE YEARS. Any questions, please contact the MIWBE Office at (817) 212-2674. Rev. 2/10/15 ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Minority Business Enterprise 1 MBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: --fi - -, - -- - --- BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER % Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in Its entirety with requested documentation, and received by the 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 rron-responsive to bid specAcations. The undersigned Wearer agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of fort forth. The intentional and/air kno%Mnq misrepresentation of facts is grounds for consideration of disquallFication and will result in the bid being considered non -responsive to bid specifications. MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid or the business has a Significant Business presence in the Marketplace. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Prime contractors must identify by der level of all subcontractorslsuppliers. Tier. means the level of subcontracting below the prime contractisultant I.e. a dfrect payment from the prime contractor to a subcontrartor is considered 1-" tier, a payment by a subcontractor to its supplier is considered r" tier. The pdme 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 DUST 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 Offeror 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 iron -MBEs, including owner -operated. but will only recelve credit for the fees and commissicris earned by the li as outlined in the lease ag reement. Rev_ 2110/15 FORT Wt1R T H ATTACHMENT IA Page 2 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., AUGnority and r!on- MBEi. 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. SUBCONTRACTORISUPPLIER Company Name Address Telephone/Fax Email Contact Person T I r NCTRCA N 6 n E Detail Subcontracting Work Detail Supplies Purchased Dollar Amount M B E W B E El 1:1 El 1:1 El 1:1 1:1 El Rev. 2/10115 FORT WORTH ATTACHMENT 1A Page 3 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Mlnoflty and non -MBEs 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 Company Name Address Telephone/Fax Email Contact Person T i r NCTRCA M W i3 s E E a n B E Detail Subcontracting Work Detail Supplies Purchased Dollar Amount El El El 1:1 i ❑ ❑ 1:1 El El F-1 El Rev. 2/10/15 FpRTWORTI.l ATTACHMENT 1A Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers 1 Total Dollar Amount of Non -MBE Subcontractors/Suppliers 1 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 Minority and Women Business Enterprise Office through the submittal of a Request for Approval o harrgeAddltrorz form. Any unjustified change or deletion shall be a material breach of contract~ and may result in debarment In accord with the procedures oufted in the ordinance. The Offeror shall submit a detalled explanation of how the requested chanWaddifion or deletion will affect the committed MBE goaL If the detail explanation is not submitted, It will affect the final compliance detefrrllnation. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The 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 Feder State or Local laws concerning false statements. Any failure to comply with this ordinance creates a mater,_ breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. Authorized Signature Title Company Name Address citylstatelzip Printed Signature Contact Namerritle (if different) Telephone and/or Fax E-mail Address Date Rev. 2110/15 GC©6o07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July I, 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 Transit -Mix $ 14.14 Truck Driver, Single Axle $ 12.31 Truck Driver, Single or Tandem Axle Dump Truck $ 12.62 Truck Driver, Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis -Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas' Standard Job Classifications and Descriptions for Highway, Heavy, Utilities, and Industrial Construction in Texas. Page 1 of 1 GR®0I 60 00 Product Requirements THIS PAGE DEFT INTENTIONALLY BLANK CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 90 — Part 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02382 Revised July 1, 2011 FORTW-'ORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT ]LIST Updated: September 06, 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. r 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 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 m fU F+ Qn y b � O 3 a r EL C c N In Im SE O t°! O M—M PC O �• ^ O 4� U 0 N [� N N �! W O oQi w rn as m o0 A W w w w w W w W w W w W w W w W w W w W w w W W w W w W w w w w Lw O q U O U O U O U O U O U O U O U d U O U O U d U O O U U d U O U O U O U yy yy rryy qy yy yy yy yy b t7 t3 Cy t7 0 0 0 0 0 c 0 � �• �• �,• w �,• �, a m a m a m a m a m o m 0 0 a m m 0 0 rn 0 m 0 rn 0 m' ppy�Iii pp���I M M ppM�� M yyyN ��S ppM�� ��1 ryMy [pM�� a P a a R. 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