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HomeMy WebLinkAboutContract 55135Cf fY SECRETARY . 5 5J-a T WORT C' �o71 PROJECT MANUAL FOR THE CONSTRUCTION OF 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT City Project No. 102881 Betsy Price David Cooke Mayor City Manager William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2020 0V,F0CrAJ'- QECO f) MSECRETARY FORTWORTH8 City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 10 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 00 05 10 Mayor and Council Communication 07/01/2011 00 05 15 Addenda 07/0112011 00 11 13 Invitation to Bidders 03/09/2020 0021 13 Instructions to Bidders 03/09/2020 00 32 15 Construction Project Schedule 07/20/2018 00 32 15.1 Construction Project Schedule -Baseline Example 07/20/2018 00 32 15.2 Construction Project Schedule -Progress Example 07/20/2018 00 32 15.3 Construction Project Schedule -Progress Narrative 07/20/2018 00 32 15.4 Construction Project Schedule -Submittal Process 07/20/20I8 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 03/09/2020 00 42 43 Proposal Form Unit Price 01 /20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 11 Bidders Prequalifications 07/01/2011 00 45 12 Prequalification Statement 07/01/2011 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Minority Business Enterprise Goal 06/09/2015 00 4T4= 96An -5 00 52 43 Agreement 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 Supplementary 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 Progress Schedule 07/01/2011 01 32 33 Preconstruction Video 07/0112011 01 3300 Submittals 12/2012012 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 2021 FOSSIL, CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 10 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Re uirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 71 23.16.01 Attachment A -Survey Staking Standards 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 07/01/2011 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 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 Date Division 02 - Existing Conditions Modified 024113 Selo five Site nom el do 02 41 14 Utility Removalh"andoftfiieitt Division 03 - Concrete r.� nris::rsre WU HIT - :. - . CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 2021 FOSSIL CREED BOULEVARD CONCRETIF, RESTORATION PROJECT CrFY PROJECT NO. 102881 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 10 7 1 1 37 �'3r 32 12-16 Asphalt Paying 27 9'Y 72 �r� 3213 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 2'l�0 Y Unit 41 37 32 1 7 20 -Pavement Markings 3- 177C 42-444-3 Chaif Fo,%60S ;441 640-8 32-R-26 Wire-�nees and Gates 3.� 32� 3291 19 Topsoil Placement and Finishing of Parkways 42424-3 , '27 93 - Trees and Shfub& Division 33 - Utilities 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 2 3.. 3 0=5 2 Aag�-r—ap' =ng 3 )5-z � y 34-06-22 Stool Casing n;,.o 3 )5 2 330524 3 05 26 33052n Laeatien of Existing Uti!44@8 �v T3—rr-05 »arcs, Nuts, ccizrr-cTa � 3y 1 y n �o 33 ii = Waeti4e Tfon-wit 4tg;s 33 1Y 11 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION RESTORATION PROJECT DOCUMENTS Revised March 9, 2020 CITY PROJECT NO. 102881 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pagc 4 of 10 PAWro ME & Transportation Im Ii CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION RESTORATION PROJECT DOCUMENTS Revised March 9, 2020 CITY PROJECT NO. 102881 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 10 34 n�0.03 Residential l r FTl 34-41-38 3471 13 Traffic Control Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htt ://fortworthtexas. ov/t w/contractors/ or https:/fapps.fortworthtexas.gov/PrQieetResources/ Division 02.- Existing Conditions Tact RPvicPrl 0241 13 Selective Site Demolition 12/2012012 fM7�4 1 2 20YL20 2 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete Division . _ . "tee • ■ - ==is r Division 31 - Earthwork 2 j�rr0-00 Site Gleafifig 1 11 ,7rtQOQ012 3123 16 Unclassified Excavation 01/28/2013 31� `7-r-zr24 Boffe 6t 04/7m�28/2o-iM/l13 3 nr r�13 3'�-,-0a &08i0ft ffnd SedifflOfA COFAFel 12/20/201 -34-� z o r�z `� 7�0 Riprap T 2Pl z liivislon iL - Extenor improvements -�TPeffftanentQAQQQi2 27�v i2120/,-zo,201 2212/7 y 2 37�3 r4exi le rr age Cr,.,.-se-8 42r2n/, zo,2012 31�-3 G.,fRel,t Tfe4ed Brie ram,.,,,.ses y�fMO,Lo1/�nt2 2 7�-z-1-1� 09 /70 10. rya CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 10 -3243-20 96/9�20-1g Sidewalks, 3 1-3 7-33 (''efiefete D.,, n• T.-.;.,t C'o.,l. Rt- 1'7M� llama 4244-13 ram.-.r.F..+.. C-• A—R-d Q-ttr.rn aed Valley Gutters i(�J( iM6 32 17 23 Pavement Markings 11/22/2013 321725 Curb Address Painting 11/04/2013 32-34-44 Chain U'` noes �ton i-2QW20.12. 37�v Woe Feeler an,I r'!.-tai_ i�rYL n7-z0 cW2 32-31-29 W,.0 d p,,.-, s a a G .,to n y � r� 27�3 Cast i Awe G,.,WFete Der ;_..r,- YMA- n6rnvvr05/-2018 32-944-9 12120/201 32 92 13 Hydro -Mulching, Seeding, and Sodding 12/20/2012 Division 33 - Utilities CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION RESTORATION PROJECT DOCUMENTS Revised March 9, 2020 CITY PROJECT NO. 102881 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of W DivisionTransportation i ■ ■ a . ■ ■ ■ . . _ w. _ _■ . _ _ ■ CITY OF FORT WORTH 2021 FOSSIL CREED BOUIE'VARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION RESTORATION PROJECT DOCUMENTS Revised March 9, 2020 CITY PROJECT NO. 102881 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 8 of 10 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION RESTORATION PROJECT DOCUMENTS Revised March 9, 2020 CITY PROJECT NO. 102881 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 9 of 10 Appendix GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GN-1.0 General Notes SD-1.0 Standard Construction Details PQ -1.0 Project Quantity A -01 Street List and Map CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 END OF SECTION 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 12/15/2020 M&C Review rIfficial Lire �f tha r1ty of Fort Wirth, Texas CITY COUNCIL AGENDA FORTWORTH DATE: 12/15/2020 REFERENCE **M&C 20- LOG NAME: 202021 FOSSIL CREEK BLVD NO.: 0943 CONCRETE RESTORATION CODE; C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 4) Authorize Execution of a Contract with McMahon Contracting L.P., in the Amount of $3,303,014.12 for the 2021 Fossil Creek Boulevard Concrete Restoration Project RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with McMahon Contracting L.P., in the amount of $3,303,014.12 for the 2021 Fossil Creek Boulevard Concrete Restoration project (City Project No. 102881). DISCUSSION: In the Fiscal Year 2021 Pay -Go Contract Street Maintenance Program, various types of street maintenance are grouped into specific contract packages. The 2021 Fossil Creek Concrete Restoration project provides for the repair and reconstruction of failed concrete pavement on Fossil Creek Boulevard from North Freeway ramp to west of North Riverside Drive and east of North Riverside Drive to North Beach Street (City Project No. 102881). Construction for this project is expected to start in early 2021 and to be completed by fall 2021. Upon completion of the project there will be no anticipated impact on the General Fund operating budget. This project was advertised for bid on September 24, 2020 and October 1, 2020 in the Fort Worth Star -Telegram. On October 22, 2020, the following bids were received: Bidders Amount McMahon Contracting L.P. $3,303,014.12 Omega Contracting Inc. $3,449,012.50 FNH Construction $4,018,920.00 Pavecon Public Works LP $4,175,768.91 M/WBE OFFICE -- McMahon Contracting L.P. is in compliance with the City's BDE Ordinance by committing to 141% MBE participation on this project. The City's MBE goal on this project is 141%_ This project is located in COUNCIL DISTRICTS 4. FISCAL INFORiiI ATIONICERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for 2021 Concrete Restoration Cont project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # I Amount ID I ID I I Year (Chartfield 2 apps.cfwnet.org/eouncii_Packetlrnc review.asp?ID=28512&councildate=12/15/2020 112 12/15/2020 FROM M&C Review Fund Department Account Project Program Activity Budget Reference # Amount ID ID I I I Year (Chartfield 2) Submitted for City Ranager`s Office by. Originating Department Head: Additional Information Contact: ATTACHMENTS Marl - 2021 Concrete Restoration Contract 1.pdf Dana Burghdoff (8018) William Johnson (7801) Jeffrey Perrigo (8117) apps.cfwnet.org/council_packet/mc_review.asp?ID=28512&councildate=12/15/2020 2/2 0011 13 INVITATION TO BIDDERS Page 1 of 3 1 SECTION 001113 2 INVITATION TO BIDDERS 4 RECEIPT OF BIDS 5 Due to the COVID19 Emergency declared by the City of Fort Worth and until the emergency 6 declaration, as amended, is rescinded, sealed bids for the construction of 2021 FOSSIL CREEK 7 BOULEVARD CONCRETE RESTORATION PROJECT, City Project No. 102881 will be 8 received by the City of Fort Worth Purchasing Office until 1.30 P.M. CST, Thursday, October 9 22, 2020 as further described below: 10 1 l City of Fort Worth 12 Purchasing Division 13 200 Texas Street 14 Fort Worth, Texas 76102 15 16 Bids will be accepted by: 17 1. US Mail at the address above, 18 2. By courier, FedEx or hand delivery from 8:30-1:30 on Thursdays only at the South End 19 Lobby of City Hall located at 200 Texas Street, Fort Worth, Texas 76102. A Purchasing 20 Department staff person will be available to accept the bid and provide a time stamped 21 receipt; or 22 3. If the bidder desires to submit the bid on a day or time other than the designated 23 Thursday, the bidder must contact the Purchasing Department during normal working 24 hours at 817-392-2462 to make an appointment to meet a Purchasing Department 25 employee at the South End Lobby of City Hall located at 200 Texas Street, Fort Worth, 26 Texas 76102, where the bid(s) will be received and time/date stamped as above. 27 28 Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers and 29 broadcast through live stream and CFW public television which can be accessed at 30 http://fortworthtexas.aov/fwty/. The general public will not be allowed in the City Council 31 Chambers. 32 33 In addition, in Iieu of delivering completed MBE forms for the project to the Purchasing Office, 34 bidders shall e-mail the completed MBE forms to the City Project Manager no later than 2:00 35 p.m. on the second City business day after the bid opening date, exclusive of the bid opening 36 date. 37 38 GENERAL DESCRIPTION OF WORK 39 The major work will consist of the (approximate) following: 40 41 37,000 S.Y. Remove Concrete and Replace with 7" Concrete Pavement HES 42 6,667 C.Y. Flex Base 43 30,000 S.Y. Geogrid 44 45 DOCUMENT EXAMINATION AND PROCUREMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Temporarily Revised April 6, 2020 due to COViDl9 Emergency 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 0011 13 INVITATION TO BIDDERS Page 2 of 3 46 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 47 of Fort Worth's Purchasing Division website at http://www.fortworthtexas.gov/purchasing/ and 48 clicking on the link to the advertised project folders on the City's electronic document 49 management and collaboration systern site. The Contract Documents may be downloaded, 50 viewed, and printed by interested contractors and/or suppliers. 51 52 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817- 53 392-8363. City of Fort Worth, TPW, 200 Texas St., Fort Worth, TX 76102. 54 55 The cost of Bidding and Contract Documents is: $30.00 56 57 PREBID CONFERENCE 58 A prebid conference may be held as discussed in Section 00 21 13 - INSTRUCTIONS TO 59 BIDDERS at the following date, and time via a web conferencing application: 60 DATE: Wednesday, October 7, 2020 61 TIME: 10.00 A.M. 62 63 If a prebid conference will be held online via a web conferencing application, invitations will be 64 distributed directly to those who have submitted Expressions of Interest in the project to the City 65 Project Manager and/or the Design Engineer. The presentation given at the prebid conference 66 and any questions and answers provided at the prebid conference will be issued as an Addendum 67 to the call for bids. 68 69 If a prebid conference is not being held, prospective bidders can e-mail questions or comments in 70 accordance with Section 6 of the Instructions to Bidders referenced above to the project 71 manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in 72 writing" and the requirement to formally mail questions is suspended. If necessary, 73 Addenda will be issued pursuant to the Instructions to Bidders. 74 75 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 76 City reserves the right to waive irregularities and to accept or reject bids. 77 78 AWARD 79 City will award a contract to the Bidder presenting the lowest price, qualifications and 80 competencies considered. 81 82 FUNDING 83 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 84 revenues generated from bonds, grants etc. and reserved by the City for the Project. 85 86 INQUIRIES 87 All inquiries relative to this procurement should be addressed to the following: 88 89 All inquiries relative to this procurement should be addressed to the following: 90 Attn: Tariqul Islam, City of Fort Worth 9t Email: tariqulaslatn@fortworthtexas.gov 92 93 EXPRESSION OF INTERSEST CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENT RESTORATION PROJECT Temporarily Revised April 6, 2020 due to COVID19 Emergency CITY PROTECT NO. 102881 00 11 13 INVITATION TO BIDDERS Page 3 or 3 94 To ensure bidders are kept up to date of any new information pertinent to this project or the 95 COVID19 emergency declaration, as amended, as it may relate to this project, bidders are 96 requested to email Expressions of Interest in this procurement to the City Project Manager. The 97 email should include the bidder's company name, contact person, that individuals email address 98 and phone number. All Addenda will be distributed directly to those who have expressed an 99 interest in the procurement and will also be posted in the City of Fort Worth's purchasing website 100 at http://fortworthtexas.gov/purchasing/ 101 102 PLAN HOLDERS 103 To ensure you are kept up to date of any new information pertinent to this project such as when 104 an addenda is issued, download the Plan Holder Registration form to your computer, complete 105 and email it to the City Project Manager. 106 t07 The City Project Manager is responsible to upload the Plans Holder Registration farm to the Plan 108 Holders folder in BIM360. 109 110 Mail your completed Plan Holder Registration form to those listed in INQUIRIES above. ill 112 ADVERTISEMENT DATES 113 September 24, 2020 114 October 7, 2020 115 116 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Temporarily Revised April 6, 2020 due to COVID19 Emergency 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 0021 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00 - GENERAL CONDITIONS. 7 8 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2. City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1. All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified (even if inadvertently opened) shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving — Requirements document located at; 40 htt sill roject oint.buzzsaw.COM/fOTtworth ov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPregualification/TPW%2OPaving 42%20Contractor%20Pregualification%20ProgramlPREQUALIFICATION%20REQ 43 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at; 46 3.1.3.https://projeetpoint.buzzsaw.com/fortworLhgov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2ORoadwa 48 %20and%20Pedestrian%20Li htin %20Pre ualification%20Pro ram/STREET% 49 20LIGHT%20PREQUAL%a20REOMNTS.pdf?public CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENT RESTORATION PROJECT Temporarily Revised April 24, 2020 due to COVID19 Emergency CITY PROJECT NO. 102891 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 50 51 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within 52 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 53 45 11, BIDDERS PREQUALIFICATIONS. 54 55 3.2.1. Submission of and/or questions related to prequalification should be addressed to 56 the City contact as provided in Paragraph 6. 1. 57 58 59 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low 60 bidder(s) for a project to submit such additional information as the City, in its sale 61 discretion may require, including but not limited to manpower and equipment records, 62 information about key personnel to be assigned to the project, and construction schedule, 63 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 64 deliver a quality product and successfully complete projects for the amount bid within 65 the stipulated time frame. Based upon the City's assessment of the submitted 66 information, a recommendation regarding the award of a contract will be made to the 67 City Council. Failure to submit the additional information, if requested, may be grounds 68 for rejecting the apparent low bidder as non -responsive. Affected contractors will be 69 notified in writing of a recommendation to the City Council. 70 71 3.4. In addition to prequalification, additional requirements for qualification may be required 72 within various sections of the Contract Documents. 73 74 3.5. Special qualifications required for this project include the following: OMITTED 75 76 77 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 78 79 4.1. Before submitting a Bid, each Bidder shall: 80 81 4,1,1. Examine and carefully study the Contract Documents and other related data 82 identified in the Bidding Documents (including "technical data" referred to in 83 Paragraph 4.2. below). No information given by City or any representative of the 84 City other than that contained in the Contract Documents and officially 85 promulgated addenda thereto, shall be binding upon the City. 86 87 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 88 site conditions that may affect cost, progress, performance or furnishing of the 89 Work. 90 91 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 92 progress, performance or furnishing of the Work. 93 94 4.1.4.OMITTED 95 CITY OF FORT WORTH 2021 FOSSIL CREED{ BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENT RESTORATION PROJECT Temporarily Revised April 24, 2020 due to COVID19 Emergency CITY PROJECT NO. 102881 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 96 4.1.5, Study all: (i) reports of explorations and tests of subsurface conditions at or 97 contiguous to the Site and all drawings of physical conditions relating to existing 98 surface or subsurface structures at the Site (except Underground Facilities) that 99 have been identified in the Contract Documents as containing reliable "technical 100 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 101 at the Site that have been identified in the Contract Documents as containing 102 reliable "technical data." 103 104 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 105 the information which the City will furnish. All additional information and data 106 which the City will supply after promulgation of the formal Contract Documents 107 shall be issued in the form of written addenda and shall become part of the Contract 108 Documents just as though such addenda were actually written into the original 109 Contract Documents. No information given by the City other than that contained in 110 the Contract Documents and officially promulgated addenda thereto, shall be 1I1 binding upon the City. 112 113 4.1.7. Perform independent research, investigations, tests, borings, and such other means 114 as may be necessary to gain a complete knowledge of the conditions which will be 115 encountered during the construction of the project. On request, City may provide 116 each Bidder access to the site to conduct such examinations, investigations, 117 explorations, tests and studies as each Bidder deems necessary for submission of a 118 Bid. Bidder must fill all holes and clean up and restore the site to its former 119 conditions upon completion of such explorations, investigations, tests and studies. 120 121 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 122 cost of doing the Work, time required for its completion, and obtain all information 123 required to make a proposal. Bidders shall rely exclusively and solely upon their 124 own estimates, investigation, research, tests, explorations, and other data which are 125 necessary for full and complete information upon which the proposal is to be based. 126 It is understood that the submission of a proposal is prima -facie evidence that the 127 Bidder has made the investigation, examinations and tests herein required. Claims 128 for additional compensation due to variations between conditions actually 129 encountered in construction and as indicated in the Contract Documents will not be 130 allowed. 131 132 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 133 between the Contract Documents and such other related documents. The Contractor 134 shall not take advantage of any gross error or omission in the Contract Documents, 135 and the City shall be permitted to make such corrections or interpretations as may 136 be deemed necessary for fulfillment of the intent of the Contract Documents. 137 138 4.2. Reference is made to Section 00 73 00 Supplementary Conditions for identification of: 139 140 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 141 the site which have been utilized by City in preparation of the Contract Documents. 142 The logs of Soil Borings, if any, on the plans are for general information only. 143 Neither the City nor the Engineer guarantee that the data shown is representative of 144 conditions which actually exist. 145 CITY OF PORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENT RESTORATION PROJECT Temporarily Revised April 24, 2020 due to COVIDI9 Emergency CITY PROJECT NO. 102881 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 146 4.2.2. those drawings of physical conditions in or relating to existing surface and 147 subsurface structures (except Underground Facilities) which are at or contiguous to 148 the site that have been utilized by City in preparation of the Contract Documents. 149 150 4.2.3, copies of such reports and drawings will be made available by City to any Bidder 151 on request. Those reports and drawings may not be part of the Contract 152 Documents, but the "technical data" contained therein upon which Bidder is entitled 153 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 154 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 155 responsible for any interpretation or conclusion drawn from any "technical data" or 156 any other data, interpretations, opinions or information. 157 158 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 159 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 160 exception the Bid is premised upon performing and furnishing the Work required by the 161 Contract Documents and applying the specific means, methods, techniques, sequences or 162 procedures of construction (if any) that may be shown or indicated or expressly required 163 by the Contract Documents, (iii) that Bidder has given City written notice of all 164 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 165 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 166 etc., have not been resolved through the interpretations by City as described in 167 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 168 and convey understanding of all terms and conditions for performing and furnishing the 169 Work. 170 171 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 172 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 173 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 174 Documents. 175 176 5. Availability of Lands for Work, Etc. 177 178 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 179 access thereto and other lands designated for use by Contractor in performing the Work 180 are identified in the Contract Documents. All additional lands and access thereto 181 required for temporary construction facilities, construction equipment or storage of 182 materials and equipment to be incorporated in the Work are to be obtained and paid for 183 by Contractor. Easements for permanent structures or permanent changes in existing 184 facilities are to be obtained and paid for by City unless otherwise provided in the 185 Contract Documents. 186 187 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 188 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 189 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel 190 the award of contract at any time before the Bidder begins any construction work on the 191 project. 192 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENT RESTORATION PROJECT Temporarily Revised April 24, 2020 due to COVID19 Emergency CITY PROJECT NO. 102881 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 193 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 194 way, casements, and/or permits, and shall submit a schedule to the City of how 195 construction will proceed in the other areas of the project that do not require permits 196 and/or easements. t97 198 6. Interpretations and Addenda 199 200 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 201 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 202 received after this day may not be responded to. Interpretations or clarifications 203 considered necessary by City in response to such questions will be issued by Addenda 204 delivered to all parties recorded by City as having received the Bidding Documents. 205 Only questions answered by formal written Addenda will be binding. Oral and other 206 interpretations or clarifications will be without legal effect. 207 208 Address questions to: 209 210 City of Fort Worth 211 200 Texas Street 212 Fort Worth, TX 76102 213 Attn: Tariqul Islam, Transportation and Public Works 214 Fax: 817-392-7969 215 Email: tariqul.islam@fortworthtexas.gov, , Phone: 817-392-2486 216 217 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 218 City. 219 220 6.3. Addenda or clarifications may be posted via the City's electronic document management 221 and collaboration system at https://docs.b360.autodesk.com/shares/1d7le9f3-eedl- 222 4f3b-98e6-0cae22313762 223 224 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 225 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 226 Project. Bidders are encouraged to attend and participate in the conference. City will 227 transmit to all prospective Bidders of record such Addenda as City considers necessary 228 in response to questions arising at the conference. Oral statements may not be relied 229 upon and will not be binding or legally effective. 230 231 7. Bid Security 232 233 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 234 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 235 the requirements of Paragraphs 5,01 of the General Conditions. 236 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIPICATION DOCUMENT RESTORATION PROJECT Temporarily Revised April 24, 2020 due to COVIDI9 Emergency CITY PROJECT NO. 102881 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 237 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 238 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 239 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 240 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 241 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 242 other Bidders whom City believes to have a reasonable chance of receiving the award 243 will be retained by City until final contract execution. 244 245 8. Contract Times 246 The number of days within which, or the dates by which, Milestones are to be achieved in 247 accordance with the General Requirements and the Work is to be completed and ready for 248 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 249 attached Bid Form. 250 251 9. Liquidated Damages 252 Provisions for liquidated damages are set forth in the Agreement. 253 254 10. Substitute and "Or -Equal" Items 255 The Contract, if awarded, will be on the basis of materials and equipment described in the 256 Bidding Documents without consideration of possible substitute or "or -equal" items. 257 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 258 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 259 City, application for such acceptance will not be considered by City until after the Effective 260 Date of the Agreement. The procedure for submission of any such application by Contractor 261 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 262 Conditions and is supplemented in Section 0125 00 of the General Requirements. 263 264 11. Subcontractors, Suppliers and Others 265 266 11.1, 7n accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 267 12-2011 (as amended), the City has goals for the participation of minority business 268 and/or small business enterprises in City contracts. A copy of the Ordinance can be 269 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 270 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 271 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 272 Venture Form as appropriate. The Forms including documentation must be received 273 by the City no later than 2:00 P.M. CST, on the second business day after the bid 274 opening date. The Bidder shall obtain a receipt from the City as evidence the 275 documentation was received. Failure to comply shall render the bid as non- 276 responsive. 277 278 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 279 or organization against whom Contractor has reasonable objection. 280 281 12. Bid Form 282 283 12.1. The Bid Form is included with the Bidding Documents; additional copies maybe 284 obtained from the City. 285 CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENT RESTORATION PROJECT Temporarily Revised April 24, 2020 due to COVIDI9 Emergency CITY PROJECT NO. 102881 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 286 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 287 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 288 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 289 price item listed therein. In the case of optional alternatives, the words "No Bid," 290 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 291 written in ink in both words and numerals, for which the Bidder proposes to do the 292 work contemplated or furnish materials required. All prices shall be written legibly. 293 In case of discrepancy between price in written words and the price in written 294 numerals, the price in written words shall govern. 295 296 12.3. Bids by corporations shall be executed in the corporate name by the president or a 297 vice-president or other corporate officer accompanied by evidence of authority to 298 sign. The corporate seal shall be affixed. The corporate address and state of 299 incorporation shall be shown below the signature. 300 301 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 302 partner, whose title must appear under the signature accompanied by evidence of 303 authority to sign. The official address of the partnership shall be shown below the 304 signature. 305 306 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 307 member and accompanied by evidence of authority to sign. The state of formation of 308 the firm and the official address of the firm shall be shown. 309 310 12.6. Bids by individuals shall show the Bidder's name and official address. 311 312 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated 313 on the Bid Form. The official address of the joint venture shall be shown. 314 315 12.8. All names shall be typed or printed in ink below the signature. 316 317 129. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 318 which shall be filled in on the Bid Form. 319 320 12.10. Postal and e-mail addresses and telephone number for communications regarding the 321 Bid shall be shown. 322 323 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 324 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance 325 to State Law Non Resident Bidder. 326 327 13. Submission of Bids 328 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 329 at the time and place indicated in the Advertisement or IIWITATION TO BIDDERS, 330 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 331 envelope, marked with the City Project Number, Project title, the name and address of 332 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 333 through the mail or other delivery system, the sealed envelope shall be enclosed in a separate 334 envelope with the notation 'BID ENCLOSED" on the face of it. 335 CTTY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENT RESTORATION PROJECT Temipoa'arily Revised Apri124, 2020 due to COVID19 Emergency CITY PROJECT NO. 102881 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 336 14. Modification and Withdrawal of Bids 337 338 14.1. Bids addressed to the .Purchasing Manager and filed with the Purchasing Office 339 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 340 must be made in writing by an appropriate document duly executed in the manner 341 that a Bid must be executed and delivered to the place where Bids are to be submitted 342 at any time prior to the opening of Bids. After all Bids not requested for withdrawal 343 are opened and publicly read aloud, the Bids for which a withdrawal request has been 344 properly filed may, at the option of the City, be returned unopened. 345 346 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 347 time set for the closing of Bid receipt. 348 349 15. Opening of Bids 350 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 351 abstract of the amounts of the base Bids and major alternates (if any) will be made available 352 to Bidders after the opening of Bids. 353 354 16. Bids to Remain Subject to Acceptance 355 All Bids will remain subject to acceptance for the time period specified for Notice of Award 356 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 357 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 358 359 17. Evaluation of Bids and Award of Contract 360 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 361 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 362 and to reject the Bid of any Bidder if City believes that it would not be in the best 363 interest of the Project to make an award to that Bidder, whether because the Bid is 364 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 365 meet any other pertinent standard or criteria established by City. City also reserves 366 the right to waive informalities not involving price, contract time or changes in the 367 Work with the Successful Bidder. Discrepancies between the multiplication of units 368 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 369 between the indicated sum of any column of figures and the correct sum thereof will 370 be resolved in favor of the correct sum. Discrepancies between words and figures 371 will be resolved in favor of the words. 372 373 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 374 among the Bidders, Bidder is an interested party to any Iitigation against City, 375 City or Bidder may have a claim against the other or be engaged in litigation, 376 Bidder is in arrears on any existing contract or has defaulted on a previous 377 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 378 Bidder has uncompleted work which in the judgment of the City will prevent or 379 hinder the prompt completion of additional work if awarded. 380 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENT RESTORATION PROJECT Temporarily Revised April 24, 2020 due to COVM19 Emergency CITY PROJECT NO. 102891 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 381 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 382 other persons and organizations proposed for those portions of the Work as to which 383 the identity of Subcontractors, Suppliers, and other persons and organizations must 384 be submitted as provided in the Contract Documents or upon the request of the City. 385 City also may consider the operating costs, maintenance requirements, performance 386 data and guarantees of major items of materials and equipment proposed for 387 incorporation in the Work when such data is required to be submitted prior to the 388 Notice of Award. 389 390 17.3. City may conduct such investigations as City deems necessary to assist in the 391 evaluation of any Bid and to establish the responsibility, qualifications, and financial 392 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 393 organizations to perform and furnish the Work in accordance with the Contract 394 Documents to City's satisfaction within the prescribed time. 395 396 17.4. Contractor shall perform with his own organization, work of a value not less than 397 35% of the value embraced on the Contract, unless otherwise approved by the City. 398 399 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 400 responsive Bidder whose evaluation by City indicates that the award will be in the 401 best interests of the City. 402 403 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 404 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 405 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 406 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 407 comparable contract in the state in which the nonresident's principal place of 408 business is located. 409 410 17.7. A contract is not awarded until formal City Council authorization. 1f the Contract is 411 to be awarded, City will award the Contract within 90 days after the day of the Bid 412 opening unless extended in writing. No other act of City or others will constitute 413 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 414 the City. 415 416 17.7,1, The contractor is required to fill out and sign the Certificate of Interested 417 Parties Form 1295 and the form must be submitted to the Project Manager 418 before the contract will be presented to the City Council. The form can be 419 obtained at https://www.ethics.state.tx.us/data/fonns/1295/1295.pdf 420 421 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 422 423 18. Signing of Agreement 424 425 18.1, When City issues a Notice of Award to the Successful Bidder, it will be accompanied 426 by the required number of unsigned counterparts of the Agreement. Within 14 days 427 thereafter Contractor shall sign and deliver the required number of counterparts of the 428 Agreement to City with the required Bonds, Certificates of Insurance, and all other 429 required documentation. 430 431 18.2. Failure to execute a duly awarded contact may subject the Contractor to penalties. CITY OF PORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENT RESTORATION PROTECT Temporarily Revised April 24, 2020 due to COVIDI9 Emergency CITY PROJECT NO. 102881 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 432 433 18.3. City shall thereafter deliver one fully signed counterpart to Contractor. 434 435 436 437 438 439 440 END OF SECTION CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENT RESTORATION PROJECT Temporarily Revised April 24, 2020 due to COVIDI9 Emergency CITY PROJECT NO. 102881 00 32 15 - 0 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 10 1 SECTION 00 32 15 2 CONSTRUCTION PROJECT SCHEDULE 3 PART1- GENERAL 4 11 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Project Schedule 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 D. Purpose 14 The City of Fort Worth (City) is committed to delivering quality, cost-effective 15 infrastructure to its citizens in a timely manner. A key tool to achieve this purpose is a 16 properly structured schedule with accurate updates. This supports effective monitoring 17 of progress and is input to critical decision making by the project manager throughout 18 the life of the project. Data from the updated project schedule is utilized in status 19 reporting to various levels of the City organization and the citizenry. 20 21 This Document complements the City's Standard Agreement to guide the construction 22 contractor (Contractor) in preparing and submitting acceptable schedules for use by the 23 City in project delivery. The expectation is the performance of the work follows the 24 accepted schedule and adhere to the contractual timeline. 25 26 The Contractor will designate a qualified representative (Project Scheduler) responsible 27 for developing and updating the schedule and preparing status reporting as required by 28 the City. 29 30 1.2 PRICE AND PAYMENT PROCEDURES 31 A. Measurement and Payment 32 1. Work associated with this Item is considered subsidiary to the various items bid. 33 No separate payment will be allowed for this Item. 34 2. Non-compliance with this specification is grounds for City to withhold payment of 35 the Contractor's invoices until Contractor achieves said compliance. 36 1.3 REFERENCES 37 A. Project Schedules 38 Each project is represented by City's master project schedule that encompasses the 39 entire scope of activities envisioned by the City to properly deliver the work. When the 40 City contracts with a Contractor to perform construction of the Work, the Contractor CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD SPECIFICATION RESTORATION PROJECT Revised JULY 20, 2018 CITY PROJECT NO. 102881 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 10 1 will develop and maintain a schedule for their scope of work in alignment with the 2 City's standard schedule requirements as defined herein. The data and information of 3 each such schedule will be leveraged and become integral in the master project 4 schedule as deemed appropriate by the City's Project Control Specialist and approved S by the City's Project Manager. 7 1. Master Project Schedule 8 The master project schedule is a holistic representation of the scheduled activities 9 and milestones for the total project and be Critical Path Method (CPM) based. The 10 City's Project Manager is accountable for oversight of the development and 11 maintaining a master project schedule for each project. When the City contracts for 12 the design and/or construction of the project, the master project schedule will 13 incorporate elements of the Design and Construction schedules as deemed 14 appropriate by the City's Project Control Specialist. The assigned City Project 15 Control Specialist creates and maintains the master project schedule in P6 (City's 16 scheduling software). 17 18 2. Construction Schedule 19 The Contractor is responsible for developing and maintaining a schedule for the 20 scope of the Contractor's contractual requirements. The Contractor will issue an 21 initial schedule for review and acceptance by the City's Project Control Specialist 22 and the City's Project Manager as a baseline schedule for Contractor's scope of 23 work. Contractor will issue current, accurate updates of their schedule (Progress 24 Schedule) to the City at the end of each month throughout the life of their work. 25 26 B. Schedule Tiers 27 The City has a portfolio of projects that vary widely in size, complexity and content 28 requiring different scheduling to effectively deliver each project. The City uses a 29 "tiered" approach to align the proper schedule with the criteria for each project. The 30 City's Project Manager determines the appropriate schedule tier for each project, and 31 includes that designation and the associated requirements in the Contractor's scope of 32 work. The following is a summary of the "tiers". 33 34 1. Tier 1: Small Size and Short Duration Project (design not required) 35 The City develops and maintains a Master Project Schedule for the project. No 36 schedule submittal is required from Contractor. City's Project Control Specialist 37 acquires any necessary schedule status data or information through discussions with 38 the respective party on an as -needed basis. 39 40 2. Tier 2: Small Size and Short to Medium Duration Project 41 The City develops and maintains a Master Project Schedule for the project. The 42 Contractor identifies "start" and "finish" milestone dates on key elements of their 43 work as agreed with the City's Project Manager at the kickoff of their work effort. 44 The Contractor issues to the City, updates to the "start" and "finish" dates for such 45 milestones at the end of each month throughout the life of their work on the project. 46 47 3. Tier 3: Medium and Large Size and/or Complex Projects Regardless of Duration 48 The City develops and maintains a Master Project Schedule for the project. The 49 Contractor develops a Baseline Schedule and maintains the schedule of their 50 respective scope of work on the project at a level of detail (generally Level 3) and in CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD SPECIFICATION RESTORATION PROJECT Revised J ULY 20, 2018 CITY PROJECT NO. 102881 003215.0 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 10 1 alignment with the WBS structure in Section 1.4.H as agreed by the Project Manager. 2 The Contractor issues to the City, updates of their respective schedule (Progress 3 Schedule) at the end of each month throughout the life of their work on the project. 4 C. Schedule Types 5 Project delivery for the City utilizes two types of schedules as noted below. The City 6 develops and maintains a Master Project Schedule as a "baseline" schedule and issue 7 monthly updates to the City Project Manager (end of each month) as a "progress" 8 schedule. The Contractor prepares and submits each schedule type to fulfill their 9 contractual requirements. 10 11 1. Baseline Schedule 12 The Contractor develops and submits to the City, an initial schedule for their scope 13 of work in alignment with this specification. Once reviewed and accepted by the 14 City, it becomes the "Baseline" schedule and is the basis against which all progress 15 is measured. The baseline schedule will be updated when there is a change or 16 addition to the scope of work impacting the duration of the work, and only after 17 receipt of a duly authorized change order issued by the City. In the event progress is 18 significantly behind schedule, the City's Project Manager may authorize an update 19 to the baseline schedule to facilitate a more practical evaluation of progress. An 20 example of a Baseline Schedule is provided in Specification 00 32 15.1 21 Construction Project Schedule Baseline Example. 22 23 2. Progress Schedule 24 The Contractor updates their schedule at the end of each month to represent the 25 progress achieved in the work which includes any 'impact from authorized changes 26 in the work. The updated schedule must accurately reflect the current status of the 27 work at that point in time and is referred to as the "Progress Schedule". The City's 28 Project Manager and Project Control Specialist reviews and accepts each progress 29 schedule. In the event a progress schedule is deemed not acceptable, the 30 unacceptable issues are identified by the City within 5 working days and the 31 Contractor must provide an acceptable progress schedule within 5 working days 32 after receipt of non -acceptance notification. An example of a Progress Schedule is 33 provided in Specification 00 32 15.2 Construction Project Schedule Progress 34 Example. 35 36 1.4 CITY STANDARD SCHEDULE REQUIREMENTS 37 The following is an overview of the methodology for developing and maintaining a 38 schedule for delivery of a project, 39 40 A. Schedule Framework 41 The schedule will be based on the defined scope of work and follow the (Critical Path 42 Methodology) CPM method. The Contractor's schedule will align with the requirements 43 of this specification and will be cost loaded to reflect their plan for execution. Overall 44 schedule duration will align with the contractual requirements for the respective scope of 45 work and be reflected in City's Master Project Schedule. The Project Number and Name 46 of the Project is required on each schedule and must match the City's project data, 47 48 B. Schedule File Name CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD SPECIFICATION RESTORATION PROJECT Revised JULY 20, 2018 CITY PROJECT NO. 102881 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 10 1 All schedules submitted to the City for a project will have a file name that begins with the 2 City's project number followed by the name of the project followed by baseline (if a 3 baseline schedule) or the year and month (if a progress schedule), as shown below. 4 5 • Baseline Schedule Nile Name 6 Format: City Project Number _Project Name —Baseline 7 Example: 101376_North Montgomery Street HMAC_Baseline 8 9 • Progress Schedule File Name 10 Format: City Project Number —Project Name_YYYY-MM 11 Example: 101376_North Montgomery Street HMAC_201 S_01 12 13 0 Project Schedule Progress Narrative File Name 14 Format: City Project Number_Project Name_PN_YYYY-MM 15 Example: 101376_North Montgomery Street HMAC PN 2018 01 16 17 C. Schedule Templates 18 The Contractor will utilize the relevant sections from the City's templates provided in the 19 City's document management system as the basis for creating their respective project 20 schedule. Specifically, the Contractor's schedule will align with the layout of the 21 Construction section. The templates are identified by type of project as noted below. 22 • Arterials 23 • Aviation 24 G Neighborhood Streets 25 • Sidewalks (later) 26 0 Quiet Zones (later) 27 • Street Lights (later) 28 • Intersection Improvements (later) 29 • Parks 30 + Storm water 31 Street Maintenance 32 • Traffic 33 , Water 34 35 D. Schedule Calendar 36 The City's standard calendar for schedule development purposes is based on a 5-day 37 workweek and accounts for the City's eight standard holidays (New Years, Martin Luther 38 King, Memorial, Independence, Labor, Thanksgiving, day after Thanksgiving, 39 Christmas). The Contractor will establish a schedule calendar as part of the schedule 40 development process and provide to the Project Control Specialist as part of the basis for 41 their schedule. Variations between the City's calendar and the Contractor's calendar 42 must be resolved prior to the City's acceptance of their Baseline project schedule. 43 44 E. WBS & Milestone Standards for Schedule Development 45 The scope of work to be accomplished by the Contractor is represented in the schedule in 46 the form of a Work Breakdown Structure (WBS). The WBS is the basis for the 47 development of the schedule activities and shall be imbedded and depicted in the 48 schedule. 49 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD SPECIFICATION RESTORATION PROJECT Revised JUL'Y 20, 2018 CITY PROJECT NO. 102891 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 10 1 The following is a summary of the standards to be followed in preparing and maintaining 2 a schedule for project delivery. 3 4 1. Contractor is required to utilize the City's WBS structure and respective project type 5 template for "Construction" as shown in Section 1.4.H below. Additional activities 6 may be added to Levels 1 - 4 to accommodate the needs of the organization executing 7 the work. Specifically the Contractor will add activities under WBS XXXXXX.80.83 8 "Construction Execution" that delineates the activities associated with the various 9 components of the work. 10 11 2. Contractor is required to adhere to the City's Standard Milestones as shown in 12 Section 1.4.1 below. Contractor will include additional milestones representing 13 intermediate deliverables as required to accurately reflect their scope of work. 14 15 F. Schedule Activities 16 Activities are the discrete elements of work that make up the schedule. They will be 17 organized under the umbrella of the WBS. Activity descriptions should adequately 18 describe the activity, and in some cases the extent of the activity. All activities are 19 logically tied with a predecessor and a successor. The only exception to this rule is for 20 "project start" and "project finish" milestones. 21 22 The activity duration is based on the physical amount of work to be performed for the 23 stated activity, with a maximum duration of 20 working days. If the work for any one 24 activity exceeds 20 days, break that activity down incrementally to achieve this duration 25 constraint. Any exception to this requires review and acceptance by the City's Project 26 Control Specialist. 27 28 G. Change Orders 29 When a Change Order is issued by the City, the impact is incorporated into the previously 30 accepted baseline schedule as an update, to clearly show impact to the project timeline. 31 The Contractor submits this updated baseline schedule to the City for review and 32 acceptance as described in Section 1.5 below. Updated baseline schedules adhere to the 33 following: 34 35 1. Time extensions associated with approved contract modifications are limited to the 36 actual amount of time the project activities are anticipated to be delayed, unless 37 otherwise approved by the Program Manager. 38 39 2. The re-baselined schedule is submitted by the Contractor within ten workdays after 40 the date of receipt of the approved Change Order. 41 42 3. The changes in logic or durations approved by the City are used to analyze the impact 43 of the change and is included in the Change Order. The coding for a new activity(s) 44 added to the schedule for the Change Order includes the Change Order number in the 45 Activity ID. Use as many activities as needed to accurately show the work of the 46 Change Order. Revisions to the baseline schedule are not effective until accepted by 47 the City. 48 49 50 H. City's Work Breakdown Structure CITY OF FORT WORT11 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD SPECIFICATION RESTORATION PROJECT Revised JULY 20.2018 CITY PROJECT NO. I0288I 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 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 6 of 10 WBS Code WBS Name )O XXXX Project Name XXXXXX.30 Design XXXXXX.30.10 Design Contractor Agreement XXXXXX.30.20 Conceptual Design (30%) XXXXXX.30.30 Preliminary Design (60%) XXXXXX.30.40 Final Design XXXXXX.30.50 Environmental XXXXXX.30.60 Permits XXXXXX.30.60.10 Permits - Identification XXXXXX.30.60.20 Permits - Review/Approve XXXXXX.40 ROW & Easements XXXXXX.40.10 ROW Negotiations XXXXXX.40.20 Condemnation XXXXXX.70 Utility Relocation XXXXXX.70.10 Utility Relocation Co-ordination XXXXXX.80 Construction XXXXXX.80.81 Bid and Award XXXXXX.80.83 Construction Execution XXXXXX.80.8 5 Inspection XXXXXX.80.86 Landscaping XXXXXX.90 Closeout XXXXXX.90.10 Construction Contract Close-out XXXXXX.90.40 Design Contract Closure I. City's Standard Milestones The following milestone activities (i.e., important events on a project that mark critical points in time) are of particular interest to the City and must be reflected in the project schedule for all phases of work. Activity ID Activity Name Design 3020 Award Design Agreement 3040 Issue Notice To Proceed - Design Engineer 3100 Design Kick-off Meeting 3120 Submit Conceptual Plans to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3150 Peer Review Meeting/Design Review meeting (technical) 3160 Conduct Design Public Meeting #1 (required) 3170 Conceptual Design Complete 3220 Submit Preliminary Plans and Specifications to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3250 Conduct Design Public Meeting #2 (required) 3260 Preliminary Design Complete CITY OF PORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD SPECIFICATION RESTORATION PROJECT Revised JULY 20, 2018 CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 7 of 10 3310 Submit Final Design to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3330 Conduct Design Public Meeting #3 (if required) 3360 Final Design Complete ROW & Easements 4000 Right of Way Start 4230 Right of Way Complete Utility Relocation 7000 Utilities Start 7120 Utilities Cleared/Complete Construction Biel and Award 81.10 Start Advertisement 8150 Conduct Bid Opening 8240 Award Construction Contract Construction Execution 8330 Conduct Construction Public Meeting #4 Pre -Construction 8350 Construction Start 8370 Substantial Completion 8540 Construction Completion 9130 Notice of Completion/Green Sheet 9150 Construction Contract Closed 9420 Design Contract Closed 24 1.5 SUBMITTALS 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 A. Schedule Submittal & Review The City's Project Manager is responsible for reviews and acceptance of the Contractor's schedule. The City's Project Control Specialist is responsible for ensuring alignment of the Contractor's baseline and progress schedules with the Master Project Schedule as support to the City's Project Manager. The City reviews and accepts or rejects the schedule within ten workdays of Contractor's submittal. Schedule Format The Contractor will submit each schedule in two electronic forms, one in native file format (.xer, .xm4 .mpx) and the second in apdf format, in the City's document management system in the location dedicated for this purpose and identified by the Project Manager. In the event the Contractor does not use Primavera P6 or MS Project for scheduling purposes, the schedule information must be submitted in .xls or .xlsx format in compliance with the sample layout (See Specification 00 32 115.1 Construction Project Schedule Baseline Example), including activity predecessors, successors and total float. 2. Initial & Baseline Schedule The Contractor will develop their schedule for their scope of work and submit their initial schedule in electronic form (in the file formats noted above), in the City's document management system in the location dedicated for this purpose within ten workdays of the Notice of Award. CITY OF FORT WORTH 2O21 FOSSIL, CREEK BOULEVARD CONCRETE STANDARD SPECIFICATION RESTORATION PROJECT Rv zsed TULY 20, 2018 CITY PROTECT NO. 102981 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 8 of 10 1 The City's Project Manager and Project Control Specialist review this initial schedule 2 to determine alignment with the City's Master Project Schedule, including format & 3 WBS structure. Following the City's review, feedback is provided to the Contractor 4 for their use in finalizing their initial schedule and issuing (within five workdays) their 5 Baseline Schedule for final review and acceptance by the City. 6 7 3. Progress Schedule 8 The Contractor will update and issue their project schedule (Progress Schedule) by the 9 last day of each month throughout the life of their work on the project. The Progress 10 Schedule is submitted in electronic form as noted above, in the City's document 11 management system in the location dedicated for this purpose. 12 13 The City's Project Control team reviews each Progress Schedule for data and 14 information that support the assessment of the update to the schedule. In the event 15 data or information is missing or incomplete, the Project Controls Specialist 16 communicates directly with the Contractor's scheduler for providing same. The 17 Contractor re -submits the corrected Progress Schedule within 5 workdays, following 18 the submittal process noted above. The City's Project Manager and Project Control 19 Specialist review the Contractor's progress schedule for acceptance and to monitor 20 performance and progress. 21 22 The following list of items are required to ensure proper status information is 23 contained in the Progress Schedule. 24 0 Baseline Start date 25 o Baseline Finish Date 26 * % Complete 27 • Float 28 a Activity Logic (dependencies) 29 • Critical Path 30 • Activities added or deleted 31 0 Expected Baseline Finish date 32 .• Variance to the Baseline Finish Date 33 34 B. Monthly Construction Status Report 35 The Contractor submits a written status report (referred to as a progress narrative) at the 36 end of each month to accompany the Progress Schedule submittal, using the standard 37 format provided in Specification 00 32 15.3 Construction Project Schedule Progress 38 Narrative. The content of the Construction Project Schedule Progress Narrative should 39 be concise and complete to: 40 • Reflect the current status of the work for the reporting period (including actual 41 activities started and/or completed during the reporting period) 42 0 Explain variances from the baseline on critical path activities 43 * Explain any potential schedule conflicts or delays 44 + Describe recovery plans where appropriate 45 • Provide a summary forecast of the work to be achieved in the next reporting period. 46 47 C. Submittal Process CITY OF PORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD SPECIFICATION RESTORATION PROJECT Revised JULY 20, 2018 CITY PROJECT NO. 102881 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 9 of 10 1 • Schedules and Monthly Construction Status Reports are submitted in Buzzsaw 2 following the steps outlined in Specification 00 32 15.4 Construction Project 3 Schedule Submittal Process. 4 • Once the project has been completed and Final Acceptance has been issued by the 5 City, no further progress schedules or construction status reports are required from 6 the Contractor. 7 1.6 ACTION SUBMITTALSAMORMATIONAL SUBMITTALS [NOT USED] 8 1.7 CLOSEOUT SUBMITTALS [NOT USED] 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 19 QUALITY ASSURANCE 11 A. The person preparing and revising the Contractor's Project Schedule shall be 12 experienced in the preparation of schedules of similar complexity. 13 B. Schedule and supporting documents addressed in this Specification shall be prepared, 14 updated and revised to accurately reflect the performance of the Contractor's scope of 15 work. 16 C. The Contractor is responsible for the quality of all submittals in this section meeting the 17 standard of care for the construction industry for similar projects. 18 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 19 1.11 FIELD [SITE] CONDITIONS [NOT USED] 20 1.12 WARRANTY [NOT USED] 21 1.13 ATTACHMENTS 22 Spec 00 32 15.1 Construction Project Schedule Baseline Example 23 Spec 00 32 15.2 Construction Project Schedule Progress Example 24 Spec 00 32 15.3 Construction Project Schedule Progress Narrative 25 Spec 00 32 15.4 Construction Project Schedule Submittal Process 26 27 28 PART 2 - PRODUCTS [NOT USED] 29 PART 3 - EXECUTION [NOT USED] 30 END OF SECTION 31 32 33 34 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD SPECIFICATION RESTORATION PROJECT Revised J ULY 20, 2018 CITY PROJECT NO. 102881 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 10 of 10 Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue CITY OF FORT WOWfH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD SPECIFICATION RESTORATION PROJECT Revised JULY 20, 2018 CITY PROJECT NO. 102881 0032 15.1 - 0 CONSTRUCTION PROGRESS SCHEDULE — BASELINE EXAMPLE Page I of 5 1 SECTION 00 3215.1 2 CONSTRUCTION PROJECT SCHEDULE -- BASELINE EXAMPLE 3 PART1- GENERAL 4 The following is an example of a Contractor's project schedule that illustrates the data and 5 expectation for schedule content depicting the baseline for the project. This version of the 6 schedule is referred to as a "baseline" schedule. This example is intended to provide 7 guidance for the Contractor when developing and submitting a baseline schedule. See CFW 8 Specification 00 32 15 Construction Project Schedule for details and requirements regarding 9 the Contractor's project schedule. 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 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROTECT Revised JULY 20, 2018 CITY PROTECT NO. 102981 1 00 32 15.1 - 0 CONSTRUCTION PROGRESS SCHEDULE— BASELINE EXAMPLE Page 2 of 5 ------------E--'---"'----'—'�'---'-'-""}'-'-'-'-'-+'----'•--i'-'---'-'-{__________€'_'-'---- -"---'---i--------¢--------- a-------'-i-'- i I I Cry N q4 �-tsi I I i i € - [Z5 I� , , i iY-- -- - ----""9-"-' •r_... -'-'Y-_"""''-.'t"' - --'i'---------i------------ l t5 Wes' �Ir r.71w - •{r'O.a u 4'P !o'ytla� ..... t. iS e['] ,^o]: Yi dd Ii rl �r F} Ii IY 1'i i4 14'rR W' ri �+, t�Y Y. r. �/� I� '1 IM1I W �fi it� � i•iid lu ti 1+I y �t. 14 "'�i ` ii �sL• ii iy�. 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Y I ; r 2 iR ti n I en ' � X '�I I71 il' g rl a [i " t� x r g h i{ � •� f.� ICJ R Z - I 'd I�i � i I ftl ca' I.l i C} {I II Yr FF CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised JULY 20, 2018 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 1 2 00 32 15.1 - 0 CONSTRUCTION PROGRESS SCHEDULE — BASELINE EXAMPLE Page 3 of 5 _..--.a ----------- t--------- 'I._--_-_-_-} ---------- .}--------- a ----------- -}--------- a._---_._-.'I._---_---.-{--_-_.--__E----------- 1---------- t_-_.-- r1.1 I I I td------"--------_-— '--------- ",---------------------`--------- '----------- "--------- -- a --- '---------- - ----- I I 1 i _— — ---- --- r---�- -------------- i-_-_-___--_--_-_-_-i.___--___-i_-_ -J— _ __-r.___ I r -offff 'oil - I Yi*1 •Y •• F- I- r u r- 1-'41 F. r, t, F4 il',r rl ".n 1F *i`ir !F ii+ #3'M rl U 71 ys �, PA 0 rR `f a — �2 !rye 1[1p�j 1? 2: 0 +ra]� t u 2 9 � 9 A iir�� f i i ri i M /r I•F i, N 2 ', Ii � x r4 ili ••ij 1 l� + tit? M p ^i V V iipi a12to- . 1ry}' 'j�Jj' .Iy. 4•qY} �Y�pj ,y d' ��l, el' „ pYfl ' ri F4' } uas YMi^yi ' } •r w `; wrlT a m�I �w �h Mi rt f �n rt 2-•h -+� u 14 - f y nr x, xl HI I I I I • y � as � 1 I &' t r. it SJ +� SY ` U4 R 4 4 f k- 4 T} a�i 1 4 ✓} i i t 4 .1L 'F Lr F ffi r` fT .1'+5 � nti M I CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised DULY 20, 2019 202I FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102981 00 32 15.1 - 0 CONSTRUCTION PROGRESS SCHEDULE — BASELINE EXAMPLE Page 4 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised JULY 20, 2018 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 00 32 15.1 - 0 CONSTRUCTION PROGRESS SCHEDULE — BASELINE EXAMPLE Page 5 of 5 1 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jaffell Initial Issue CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised JULY 20, 2018 CITY PROJECT NO. 102881 0032 15.2 - 0 CONSTRUCTION PROGRESS SCHEDULE — PROGRESS EXAMPLE Page I of 4 1 SECTION 00 3215.2 2 CONSTRUCTION PROJECT SCHEDULE — PROGRESS EXAMPLE 3 PART1- GENERAL 4 The following is an example of a Contractor's project schedule that illustrates the data and 5 expectation for schedule content depicting the progress for the project. This version of the 6 schedule is referred to as a "progress" schedule. This example is intended to provide 7 guidance for the Contractor when developing and submitting a progress schedule. See 8 CFW Specification 00 32 15 Construction Project Schedule for details and requirements 9 regarding the Contractor's project schedule. 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised JULY 20, 2018 CITY PROJECT NO. 102881 003215.2-0 CONSTRUCTION PROGRESS SCHEDULE — PROGRESS EXAMPLE Pap! 2 of 4 ------------ ---------- -------- ------ ------------ ----------- ------ ---------- ------- --------- ----------- .24 ---------- ----------- 1 ----------- --------- — -------------------------J--- -- ----------- ----------- - ----------- — ------ — - — -- ----------- ---------- - --------- ----------- a to Cl 5 s-! 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Ir� ra Ix fi'� x uu 1ir49 c e� 1Z� Imo' 3{y1 j i y � '�j� n � : ir1il i� rii! I✓�{ iu !+ u eL, I of - � � .. �':�'' " Li '- � qa CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised JULY 20, 2018 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 00 32 15.2 - 0 CONSTRUCTION PROGRESS SCHEDULE — PROGRESS EXAMPLE Page 4 of 4 1 END Or SECTION Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue CITY OF FORT WORTII 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised JULY 20, 2018 CITY PROJECT NO. 102881 00 32 1s.3 - 0 — PROGRESS NARRATIVE Page 1 of I SECTION 00 3215.3 CONSTRUCTION PROJECT SCHEDULE PROGRESS NARRATIVE Reporting Period: Date Issued: Project Name: Company Name: City Project No: Engineer's Project No: City Project Manager: Engineer's Project Manager: A. LIST oT activities accompiisnea in ine reporting periou. 1. (insert text here) 2. (insert text here) 3. (insert text here) 4. (insert text here) 5. (insert text here) 6. (insert text here) ts. List oT activities to oe accompiisnea in ine next reporting perioa 1. (insert text here) 2. (insert text here) 3. (insert text here) 4. (insert text here) 5. (insert text here) 6. (insert text here) G. List any potential delays and provide mitigation actions 1. (insert text here) 2. (insert text here) 3. (insert text here) D. List any actual delays and provide recovery actions 1. (insert text here) 2. (insert text here) 3. (insert text here) City of Fort Worth, Texas Construction Project Schedule Narrative Report for CFW Projects TPW Official Release Date: 7,20.2018 Page 1 of 1 00 3215.4 - 0 CONSTRUCTION PROGRESS SCHEDULE — SUBMITTAL PROCESS Page 1 of 7 1 SECTION 00 3215.4 2 CONSTRUCTION PROJECT SCHEDULE — SUBMITTAL PROCESS 3 PART1- GENERAL 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The following information provides the process steps for the Contractor to follow for submitting a project baseline or progress schedule for a capital project to the City of Fort Worth. See CFW Specification 00 32 15 Construction Project Schedule for details and requirements regarding the Contractor's project schedule. If you are not a registered CFW Buzzsaw user, please email or contact: Fred Griffin, Buzzsaw Administrator City of Fort Worth Fred.Griffin@fortworthgov.org 817-392-8868 Using your registered username and password log into the City's Buzzsaw Site Navigate to your Project Folder. Verify that your Project ID and Project Name are consistent with Project Folder Name. Navigate to the Schedule Directory under your Project Folder. The 00701-FIaxseed Drainage Improvements project is used for iIIustration. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PRO]EC Revised ]ULY 20, 2018 CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 00 32 15.4 - 0 CONSTRUCTION PROGRESS SCHEDULE - SUBMITTAL PROCESS Page 2 of 7 Die 0M Dyn PA "}J4 mmv 31� A�d* +].X 41� n a+Z' 'f. �] odAeW�sse� iwnrkvrlk 1 A. j [OWAUrlla C] CkMWee6m - E] Gxrefianrirnrr -1' Crrlerd Itti`L7"W.-lhs alld Ei :5: (;a ngJecFRru;�s _ :• �1P,�rL2M4ah��N if. � Reiy ;r. i7am5 Lbhe7 cbam zv+Id.-Anls: ri $] fINV5-4rhrd'A g"CvvgiQfhd: HI a]76E-Ltt:: vamm SE OxLWMP d. y72M -&&tile r U- TIT-UCmta- T {rTM -WftnM RAMCi CR' Teer 10 � a MW-lhbAoal-Zr.x-dl"n, Gr 1% aa-mb -3aws Emek 0 sromm_ sdl GC?4F S'{IRr.ie plsr�+i1+Rrsr It .'4 Mip..fo-uAr r..4 it { I j 1ndmolm Fred QiW 16,iM4 Nao ft Exta%v- = — �L D'1 Two files will be uploaded for each submittal. A native schedule file format either Primavera .xer or MS Project .mpp and a PDF version of the schedule will be uploaded Verify that the file name contains the 5-digit Project ID, Project Name, and Submittal Date and follows the standard naming convention. Initial schedule submittal will be labeled as `Baseline' for example: 00701-FlaxseedDrainagelmprovements-Baseline Schedule submittal updates will be Iabeled with Schedule Submittal Date `YYYY_MM' for example: 00701-FlaxseedDrainagelznprovoments-2009 01 Expand or select the Schedules folder and add both the native file and PDF file to the directory. From the Toolbar Select []Add Document CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised JULY 20, 2018 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJEC CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 10 t. M& Yew Tack Mb arr rh 14gU�L ff fluum*w rkilr U "deer 00 32 15,4 - 0 CONSTRUCTION PROGRESS SCHEDULE — SUBMr1TAL PROCESS Page 3 of 7 I #r 4 fA k; 7C ' ' ' U i,c -0 Kw .4 , 14� 1.1.1 OCIN1 Fierir617Yoaa5pe ]]ra�rPve,acr cj +., I,_J RR 1bms r'] LdRanses T' e_�] Crshuchar r, � Cr. aaiL7ts Cpr,tar,h�r �] C�IlsOendenoe s LJ Ci rdCintrm" Dubn"llla md!k­ 4. CJ P'ro Drormw F j PIE& F6!e V os � 3 ;rrl`+hAeo Lndex x!s Imo] ;.gibes + vu)Vi - Li bm Wbwa Canard .olv RK 1 I 907M - Libm 4L7eu Centri Cknhw Sx- i OJID4-lebRr4Mh9"SEf4MTJLU1V4E- 007* Likharilhp!15ErSrILLriksF--)& + I (U*m - S itsy 5rr Reteb tanked I % M?i& - ndanm1- Brew G-yir to a" 5-rgRd'GsVV 65w-n[ inrw I J. roFdWF imfiTh Select Browse and go to the location of the files on your desktop. Select Open Yekdti W-Lrw uw WQ"i rb■W, ft Cw-4* a0 a4 d fs- i R *44NVII, i1`+R�t d+s1'nL�� I i1ln��enf #Jenm i9eLraralfoi NcIF. , ITh�fmda Ifak 1 11�}QL.Ldnia I„y� ' MV Doamnents I I r4r' CnrnpuMr A%W Pm7 �MmEmons After N� riam %JM. Netmrkpi.— 4 aikh'"Mrds . ,4dohe Atr�bat8profeWcc.l �'.RmahKFu.pdf r Ihym CDs &DVDs .RoJ74Y,V ,7.IX18r.w rJ-+rLpe :urJng lF.�=nel i�it nrQ DOW" I CLW HILL %PW Wan} .d FuF riam Sim 7.1 HeAlaClient CrydaLReWtx 2008 C,00gfe Earth M:D QCk4ekrerroe CG Jr,.pdf J{ HPPhotosmaitExpress tiAwi.m.,jj Lht-RiVn.igr PPhotumartPremier ir Far 4eimdRaWkT ' HPSdadian Cenfer IgFrceSmoile dY ,exe ,# � .�FassCamnect LrQlvo'xnmtr N4 cnm.ru L] Tunes bynSf. ' hlciey{t }rgoYeaan �OQlLasSirQrL eYwk HtlH_t[ng M1b N.hri+ Fk� fy unnn J ,J Oµrl ri M FI 74*. N Fhs `.i Licd The file will appear in the Buzzsaw Add to Project — SeIect Documents window Select Next. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised JULY 20, 2018 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJEC CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 10 11 12 13 14 00 32 15.4 - 0 CONSTRUCTION PROGRESS SCHEDULE - SUBMIITAL PROCESS Page 4 of 7 Do not select Finish at this time. [* I D M&tcoeurhe INWaddtbllteparetrwb97e_Yauemdfoaddhoa%mmenrReOhlt .fthmo, 051up : h�'dit+Cumfn' �t �iuuAanHun LJ.f I frt.11 a-,in[.a H,y You will be placed into the Attach Comment Window to enter a record into the Project Schedule Submittal Log. Enter the Project ID -Project Name -Submittal in the Subject Line. Type Submittal and Company Name into the Comment window along with Contact Name and Contact Phone Number. Select Next. #deck �rtxe_nts �},RYr.�Y. Canirueei .-;End EnPA whfimdm 4:eeaVa mmmled 01ALbmwtl1feWarkf 11Ik-w)POtrnoft'] Mst&Qmd xlMW for flirt kmoAdad This Slrp if Mbufap r Ae.)ommtnt7oneuzkamilm SWllh 007111-FlaneerLkaruxlrnwaW^a�enK�aa�k�e —�---- PGSelrle Schedde Submittal rrom'Company Name anted Name Contact Phone :f .plate Schedule Submittal from'Company Naive' for ;,orkperfnrmed up to January 33, M09 Contact Name -enact Phonel `� 16 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised JULY 20, 2018 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJEC CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 7 10 11 12 13 14 15 00 32 15.4 - 0 CONSTRUCTION PROGRESS SCHEDULE — SUBMITTAL PROCESS Page 5 of 7 You will be placed into the Send Email Notification window. Select To and the Select Recipients window will appear with a list of Project Contacts. Select the Project Manager as the To Recipient and the Project Controls Group as the Copy Recipient. raw. ti.w VY r 4ti.F ur#. : L 4 M1wwh4 MAYI III I-- l..F.li Ir'741.w.-ti+y 4x � _ rrlr - rr x.- Imo.,. Y,R- LY . f. „ LT,., ,ICJ .•[_ N.. { V,.. yl!_. lam_, ffl rl tIlr_. i,� I.RR•t:.. Ire. yJ_ � n. 1 s.+Y.I 1 W-4. Select the Paste Comment button to copy the Comment into the body of the email Select Finish. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised JULY 20, 2019 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROIEC CITY PROJECT NO. 102881 n. 1 s.+Y.I 1 W-4. Select the Paste Comment button to copy the Comment into the body of the email Select Finish. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised JULY 20, 2019 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROIEC CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 10 11 12 13 14 00 32 15.4 - 0 CONSTRUCTION PROGRESS SCHEDULE — SUBMITTAL PROCESS Page 6 of 7 c{� j Send em■f toolhr WJed babes# mft6np amm of Err n±rl a updnLe Flea, Thastgi is opbmdl Seicni:aOJC2Atx AttnchCmmmnil: - ,-I hl5 1dFm,ALI � .- FeeyLi+eG4u LppFJF14LdoaL Pm}Xi cDr. tltlld Tldltl Ss111JetJ� b07AlfLhrri��edJrsnarrcLnprv.--xn���etre R-a*mht S{IvduLC'%ibrnOWL ftpm,",ampiny Immn' v4^�C1 fYiP'* "iw'iY F'1iSf4 -r vA An Submittal from'Company Name' for work Wformed up to January 31, 2009 L 1 al. Fi ilh E CWL4 I m,:i The schedule file is uploaded to the directory. An email is sent to the City's Project Manager and Project Control Specialist. -------------- tlLn..r -� _ u11+!cx+•�rxLiaaorh�ei�--:e,l��+lili2��IlIinL'F+I111NL'�� r 9G76:-rhueeLt t1x*x�rw+am Ajr d aar.p m C1 OVFF,S, ra CJ {M LOCO L�[G :N � {#f4ML�It RLthl>7".Mlf �.l 5tcll = v1 Rile Me" � J aiMavm# {117CLfL,sse,a."kr�aL�eloA arery SthrLiJer Il�+le ;� 41fi W • 4 U mns-LLWM YALQLI Ewell lki Yae 9VAi4 -lltrn VRg`� [erFel 0.rrer Se•+ 4YM.YVR's!GC4=e.,rrll. F WYN SYblr 5c.hl R&,Ai MDEC" �. mF! LhsaSlr.�i 250! Cw rAR L lh raTta 4.V e��.n-r+relr�l. C-ate I � LFlltl - lth.� Lielr.l � < I L Upload the PDF file using the same guideline. I.0...l Fr Afariq 14,M; ra —ftn-Aff- ll nlp� END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised JULY 20, 2018 #I 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJEC CITY PROJECT NO. 102881 0032 15.4 - 0 CONSTRUCTION PROGRESS SCHEDULE — SUBlvTITAL PROCESS Page 7 of 7 Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJEC Revised JUL'Y 20, 2018 CITY PROJECT NO. 102991 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 003513-1 CONFLICT OF INTEREST AFFIDAVTr Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror or respondent (hereinafter referred to as "You") to a City of Fort Worth procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIQ Form) and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) pursuant to state law. You are urged to consult with counsel regarding the applicability of these forms to your company. The referenced forms may be downloaded from the links provided below. htips://www.ethics.state.tx.us/forms/conflict/ 0 CIQ Form does not apply ® CIQ Form is on file with City Secretary 0 CIQ Form is being provided to the City Secretary 04 Form does not apply 0 CIS Form is on File with City Secretary 0 CIS Form is being provided to the City Secretary BIDDER: McMAHON CONTRACTING, L.P. Company 36 Address �af City/State/Zip By: (P Print) Signature: Title: (Ple e Print) 41 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 21, 2018 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 0041 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division Texas Street City of Fort Worth, Texas 76102 FOR: 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT City Project No.: 102881 Units/Sections: 1. EnteF 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. Copy of 00 41 00 00 42 43_DO_43_13_00 43_37_Revised_Bid_Form-Proposal-Bond_Vendor Complidnce(7) 2021 FOSSILL CREEK BOULEVARD CONCRETE CITY OF FORT WORTH RESTORATION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102881 Form Revised 20150821 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification:OMITTED 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 230 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid 7. Bid Submittal $3,303,014.12 Copy of 00 41_00_00 42 43_00 43_13_00 43_37—Revised_Bid_Fom1-Proposal-Bond_Vendor Compliance(1) 2021 FOSSILL CREEK BOULEVARD CONCRETE CITY OF FORT WORTH RESTORATION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102881 Form Revised 20150821 This Bid is submitted on October 22,2020 by the entity named below. Respectfully subm By: (Signature) Shawn McMahon (Printed Name) Title: Manager Company: McMahon Contracting L.P. Address: 3019 Roy Orr Blvd. Grand Prairie Texas, 75050 State of Incorporation: 61. 1, . !!: Email; will mcmahoncontractin .cam Phone: 972-263-6907 END OF SECTION 00 41 00 BID FORM Page 3 of 3 Receipt is acknowledged of the following Addenda: Initial Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: Copy of 00 41_00 DO 42_43_00 43 13_0043_37_R-ised_Bid_Form-Proposal-Bond_Vendor Compliance(1) 2021 FOSSILL CREEK BOULEVARD CONCRETE CITY OF FORT WORTH RESTORATION PROJECT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102881 Form Revised 20150821 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID 004241 ppr PrzoCOSN, F-I.rl Bidder's Application Project Item Information Htddees,Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity 1 017000 EA 1 $1,000.00 $1.000.00 0135.0201 Remobiiizatipn 2 34 71 13 WK 24 $737.50 $17,700.00 3471.00b2 Portable Message Sin 3 02 41 13132 13 20 SF 1.0D0 $18.47 $18.470.00 9999.0000 Remove and Replace S" Concrote Driveway 4 0241 15 SY 37,000 $12.95 $479,i5i1_00 0241.1000 Remove Conc Pvmt 6 32 13 13 SY 22,000 $47.31 $1,040,820.00 3213.0102 7" Canc Pvmt 6 321313 SY l5,bdo WO.66 $909,900.00 3213.0202 7" Conc Pvmt HES I 7 02 41 15132 la la SY 200 $i35.2b $27,040.00 9999.0000 Remove/Replace Integral Colored/Textured 7" Caucrele Pavement HES 8 31 23 16 CY 250 $21.43 $5,357.50 3123.0101 Unclass'dred Fxcavalion 9 3211 23 CY 6,067 $70.80 $472,02160 3211.D122 Flex Base Type A GR 2 10 391313 CY 150 $175.05 $26,257.59 3213.0200 Ca crate HES extra depth)11 32 9213 SY 5,000 $6.14 $30,700. W 3292,0100 Block Sod Placement 12 32 91 19 CY 100 $38.26 $3,826.01) 3291.0100 To sail 13 32 13 73 LF 2,000 $2.66 $5,320.00 3213.070D Joint Sealant 14 330514 LS 1 $25,aftao $25.000.00 3305.D108 MiscellaneouaAd'uslment Utilities 15 999900 SY 30,000 $2.10 $63,000.00 9999.0000 Geo rid Tenser RLAX 140-475 ar6ppfoved eg ual 16 321723 EA 100 $6.90 $690.00 3217.20D! Raised MatkerTY W 17 32 17 23 EA 100 $5-90 $580.00 3217.2D02 Raised Marker TY Y 18 32 17 23 EA 140 $5.9a $59b.00 3217,2101 REFL Raised Marker TY l-A 18 321723 EA 100 $5.90 $590.00 3217.2102 REFL Raised Marker TY I-C 20 321723 FA 100 $5.90 $690.00 3217.21U3 REFL Raised Marker TY 11A A 21 321723 EA 400 $5.90 $2,350.00 321 .2104 REFL Raised MarkefTY 11-C-R 22 34 41 10 LF 200 $21.24 $4.248.00 3441.1301 Loop Detector Cable Sawcul 23 344110 LF 200 $2.30 $472.00 344IA302 14 AWG LoopDetect Cable 24 321723 LF 4,0W $1-48 $5,920.00 3217.0001 4"Solid Thofmo las0c HAS Lane Line 25 321723 LF 1,000 $2.95 $2,950.00 3217.0201 0"Solid Thermo lastle HAS Lane Line 26 321723 LF 200 $4.43 $88&00 3217.0301 12" SLR Pvmt Marki 14AE 27 321723 LF 200 $7.08 $1,416.OD 3217.o401 16" SLO Pvmt Markin HAE 28 321723 LF 400 $8,85 $3,540.00 3 17.0501 24" SLO Pvral Marking HAF 79 321723 EA 4 $177.00 $708,00 3217.1002 Lana Le end Arrow 02 4113132 13 20 EA 2 $4,720.00 $9.440.00 30 3213.0501 Remove and Re lace Barrier Free Ramp, Type P-1 31 02 41 13132 13 20 EA 4 $4.720.00 $18,880.00 3213.0501 Remove and Replace Barrier Free Ramp, IyRR R 1 32 02 41 13132 1320 SF 600 $17 s0 $7,000.00 9999-0000 Remove and Re lace 4" Sidewalk 33 32 113 20 SF 5D0 $7,09 $3,545.00 3213,0301 4" Conc Sidewalk 33 05 14 EA 4 $2.599.88 $10,399 52 34 9999.0000 Manhole Ad-ustmenl (uonfade to 30 inch ring and cane 35 321125 FA 10 $265,50 $2,656.00 3217.5001 Curb Address Painting 36 0999.0096 Paving Canslnfc8an Aflowance EA 1 $100.000.00 $100,000.00 Total BEd: $3,303,014.12 crrr at:;uNrwoNnr 6rAIVAN➢C N''SIR1rt;M ISPECFFICAT30N WCL?�6.`rIS Ctyy�00 i]„009➢a]�l 00 �3_1)_W_12?Y Re,;�_aih Fnm➢rpea}III 4'mTx_Lb ;ii�,oy[yNlT 51ECkII]:aalREi'AAn COhCIIElEA64rOAAl3UY PN0}ECT, CPN IO1I%1 p�xaz,;«axw�ouo SECTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS - 004313 BID BOND Page 1 or 2 That we, McMahon Contracting, LP , known as "Bidder" herein and Fidelity and Deposit Company of Maryland a corporate surety duly authorized to do businessin the State of Texas, known as 'Surety"herein, are held and firmly bound unto the City of fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, In the penal sum of five percent (VIA) of !Bidder's maximum bid price, in lawful money of the united States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT NOW, THEREFORE, the condition of this obligation Is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal anti/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that If any legal action be filed on this Bond, venue shall lie In Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 15th�_. day of October , 2020. ATTEST: Witness as to Principal PRINCIPAL: McMahon Contracting, LP l-' BY: r ..- nature Name aid Title CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT, CPN 102881 Form Revised 20171109 Wi ess as to Surety Attach Power of Attorney (Surety) for Attorney -in -Fact Address: 3019 Roy Orr Blvd. Grand Prairie TX 75050 SURETY - Fidelity and Deposit Company of Magland 8Y: Robbi Morales, Attorney -in -fact - - Name and Title - Address: 5005 LBJ Freeway, Suite 1500 Dallas, TX 75244 Telephone Number: 2141989-0000 00 4913 BID BOND Pago 2 of 2 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided, The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPI10FICATION DOCUMENTS 2021 FOSSII. CREEK BOULEVARD CONCRETE RESTORATION PROJECT, CPN 102801 Fam Revised 20171109 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY .FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Ricardo J. REYNA, Tina MCEWAN, Don E. CORNELL, Joshua SAUNDERS, Robbi MORALES, Sophinie HUNTER, Kelly A. WESTBROOK and Tonic PETRANEK, all of Dallas, Texas, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -.Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8"' day of November. A.D. 2019. +' tr IHSU ti4 pPN......... S'::�,s'�I , Ito ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By: Robert D. Murray Vice President By: Darya R Brown Secretary State of Maryland County of Baltimore On this 8th day of November A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that lie/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations, IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. `tt,dlrAn 1�r. •r rJ'rrrttBA Constance A. Dunn, Notary Pub] is My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorue s-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Secretary of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the slate of this certificate; and I do f€irther certify that Article V, Section 8, of the By - Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Sea] of the Company may be affixed by facsimile on any Power of Attorney ... Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the IOth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 15rh day of october 2020 By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO; Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 www.re oti rtsfelaims c zurichiia.com 800-626-4577 Texas Important Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Zurich North America's toll -free telephone number for information or to make a complaint at: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 9 ZURICH AVISO IMPORTANTE Para obtener informacion o para presentar una queja: Usted puede Ilamar al numbro de telefono gratuito de Zurich North America's para obtener informacion o para presenter una queja al: 1-800-382-21 ,0 Usted puede comunicarse con el Departamento de Se- guros de Texas para obtener informacion sobre com- panias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS 0 RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamation, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE "ISO A SU PDLIZA: Este aviso es solamente para prop6sitos informativos y no se con- vierte en parte o en condici6n del documento adjunto. U-GU-296-E (06115) Page 1 of 1 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. F--,l BIDDER: McMahon Contracting L.P. 3019 Roy Orr Blvd. Grand Prairie Texas, 75050 END OF SECTION By Shawn McMahon (Signature) Title: Manager Date: 0 %L CITY OF FORT WORTH STANDAROapQ gUUQMQ6R1xC#BICATa3NlOaMUdENT32evlsed_Bici Form-Proposal-Bond_Vendor Compliance(1) 2021 FOSSIL CREEK BOULEVARD Form Revised 20110627 CONCRETE RESTORATION PROJECT, CPN 102881 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April most file the information by the 31 A day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/ and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should. (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 Iiabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 2 the prequalifled work types until the expiration date stated in the letter. 3 4 8 END OF SECTION CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 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 AM 004512-1 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 PREQUALWICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Machine Laid Concrete Paving more than 15,000 square yards The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Company Address City/State/Zip I0 Signature: _ Title: Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 (Please Print) (Please Print) 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PR07ECT NO. 102881 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 P 004512-1 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whorl they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Machine Laid Concrete Paving McMAHON CONTRACTING, L.P. more than 15,000 square yards The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: McMAHON CONTRACTING, L.P.' Company o k 'on, do Address � � i L r City/State/Zip LE Sigr Title: h�A a T, e (Pleasg Print) Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 FORTWORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Name under which you wish to qualify Post Office Box City Mark only one: Individual Limited Partnership General Partnership Corporation Limited Liability Company State Zip Code Street Address (required) City State Zip Code Telephone Fax 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 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable — Block 3 is to be left blank if Block I 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 1-1 Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling — 36-Inches — 60 —inches, and 350 LF or less Tunneling - 36-Inches — 60 —inches, and greater than 350 LF Tunneling — 66" and greater, 350 LF and greater Tunneling 66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches — 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV, 48-inches and smaller CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sower 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 PORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 004513-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT I NAME AND DETAILED ADDRESS OF OWNER I 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 had: construction work has your organization (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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested 9. Have you ever performed any work for the City?. If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. I NAME OF FIRM OR COMPANY I DETAILED ADDRESS I 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 Iist 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 2021 FOSSIL, CREED BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102981 004513-6 BIDDER PPEQUALTHCATION 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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 14. Equipment 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 TOTAL ITEM QUANTITY ITEM DESCRIPTION BALANCESHEET 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 tunes of enninment may he himned together_ If vour firm has more than 30 tvnes of equinment_ l 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 2021 FOSSIL. CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein 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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102891 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I I 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. 102881 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 j��jy,�,�, 11 !y!!lVll 0 By: C 94 . 12 Company `I Print 13 14 (1��� & ajep- eVGRIU Signatu 15 Address 16 17 p(fU`i1°iP kYX a Title: 4Y~. 18 rtC y/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME, the undersigned authority, on this day personally appeared 26 Sji6IWNAA§I*kM • , known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of W for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND ANP SEAL OF OFFICE this day of 32 �iP�L . , 2019 33 34 35 _ 36 Notary Public in a for the State of Texas 37 Smy SHANDA BOG"S38 END OF SECTION Notary PublicState of Texas39 Comm.lExpiress 083 0 2022 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 004540-1 Minority Business } nterprisc Specifications Page l of 2 1 SECTION 00 45 40 E TEMPORARY REVISION 4/6/2020 (COVID-19) 3 Minority Business Enterprise Specifications 4 APPL.ICATION OF POLICY 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 NfBF. PROJECT GOAD 15 The City's MBE goal on this project is 14% of the total bid value of the 16 contract (Base bid applies to Parks and Community Services). 17 18 Note: If both MBE ar+d 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 COMPLIANCE TO BID SPECIFICATIONS 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 26 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 copy 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 stated goal: 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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROTECT Temporarily Revised April 6, 2020 due to COVID19 Emergency CITY PROJECT NO. 102881 6 004540-2 Minority Business Enterprise Specifications Page 2 of 2 5. Joint Venture Form, if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. FAILURE 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. 8 END OF SECTION 10 11 CITY OF FORT WORTH 2O21 FOSSIL, CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Temporarily Revised Apri16, 2020 due to COVIDI9 Emergency CITY PROJECT NO. 102881 005243-1 ,Agreement Page I of 5 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on December 15, 2020 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 McMahon Contracting L.P., 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: 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NUMBER 102881 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 THREE MILLION THREE HUNDRED THREE THOUSAND FOURTEEN AND 12/100 Dollars ($3,303,014.12). Article 4. CONTRACT TIME 4.1 Final Acceptance, The Work will be complete for Final Acceptance within 230 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 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 DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised 09/06/2019 CITY PROJECT NO. 102881 00 52 43 - 2 Agreement Page 2 of 5 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 b. 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 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, 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/06/2-019 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 00 52 43 - 3 Agreement Page 3 of 5 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 damazes being souEht were caused, in whole or in part. by any act, omission or negligence of the city. /l'gM MA 11 .Yf1.Dl M.1/1►1.3Ell MI 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 shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Port Worth Division. 7.6 Authority to Sign.. 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. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised 09/06/2019 CITY PROJECT NO. 102881 00 52 43 - 4 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 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. 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 OP FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/06/2019 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 00 52 43 -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: McMahon Contracting L.P By: e (Printed Name) * . Title Address Dall as 75212 City/State/Zip it Date City of Fort Worth By: 1�61dlo Dana Burghdoff Assistant City Manager Date Z � Secretary (Seal) M&C:1`-'��•l Date: LW15i201,0 Form 1295 No.: 2020 - 686301 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 reciuiyements. Tariqul Islam Project Manager Approved as to Form and Legality: Douglas W. Black. Sr. Assistant City Attorney William Johnson, Dire or Transportation & Pub Ic Works CITY OF FORT WORTH 2O21 FOSSIL CREEK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/06/2019 RECORD 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: McMahon Contracting L.P By: re ,Wwn WM (Printed Name) Title 251 s ill Rd Address Darla as 75212 City/State/Zip Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/06/2019 City of Fort Worth By: Dana Burghdoff Assistant City Manager Date Attest: City Secretary (Seal) M&C. 10—OR Date: 11415MOZO Form 1295 No.: 2020 - 686301 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; requi a ents. Tariqul Islam Project Manager Approved as to Form and Legality: Mack f[W 23, 20201022 0z Douglas W. Black Sr. Assistant City Attorney William Johnson, Dire or ��� Transportation &Pub is Works D. parent 2021 FOSSIL CREED{ O LEVY RENit T F,g,�rir�zrn 1 [17RR_ 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shalt be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 15th 6 December , 2020 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 ATTEST: f (Principal &cretary�� Witnes as to Principal PRINCIPAL: day of McMahon C tin L.P� 13Y ignature Address: 3019 Roy Orr Blvd. Grand Prairie, Texas 75050 SURETY: Colonial American Casualty and Surety Company and Fidelity and Deposit Company o ary and BY: >p.,-L Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 Dallas TX 75244 kitnessurety Telephone Number: 214/989-0000 *Note: If signed by an officer Of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 RESTORATION PROJECT CITY PROJECT NO. 102881 006114-1 PAYMENTBOND Page 1 of 2 I SECTION 00 6114 Bond No. 9346298 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, McMahon Contractin L.P., known as "Principal" herein, and Colonial American Casualty and Surety Company and 8 Eiddity and DWosit Company of Maryland .� a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal i corporation created pursuant to the Iaws of the State of Texas, known as "City" herein, in the 12 penal sum of THREE MILLION THREE HUNDRED THREE THOUSAND FOURTEEN 13 AND 12/100 DOLLARS ($3,303� ,p14,12], lawful money of the United States, to be paid in Fort 14 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 15th day of December, 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 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as 202I FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROTECT, 22 City Project No. 102881. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherrvisc to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 RESTORATION PROJECT CITY PROJECT NO. 102881 0061 14-2 PAYMENT BOND Page 2 of) I IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 15th _ day of 3 r December -, 20 20 4 ATTEST: ecretary �rjl Witness as to Principal ATTEST: (Surety) Secretary 4— ness as to Surety PRINCIPAL: McMahon C • tin L . BY: re Address: 3019 Roy Orr BIvd, Grand Prairie Texas 75050 SURETY: Colonial American Casualty and Surety Company Fidclijy and Deposit Company of Maryland BY: Signature i Morales Attome -in-fact Name and Title Address: 5005 LB7 Freeway, Suite 1500 Dallas TX 75244 Telephone Number: 214/989-0000 6 Note: If signed by an officer of'the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation, If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORT13 2021 FOSSIL CREEK 13OULBVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 RESTORATION PROJECT CITY PROJECT No. 102881 006119-1 MAINTENANCE BOND Page I of 3 ` SECTION 00 6119 Bond No, 9346298 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TAR.RAl1NT § 7 8 That we McMahon Contracting L.P. known as "Principal" herein and 9 Colonial American Casualty and Surety Company and _Eidel_ity and De osit Com an of Maryland , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of THREE 13 MILLION THREE HUNDRED THREE THOUSAND FOURTEEN AND 12/100 14 DOLLARS ($3 303,014.1Z), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which suns well and truly be made unto the City and its 16 successors, we hind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 24 the l Sth day of December, 2020, which Contract is hereby referred to and a made part hereof for 21 all purposes as if fully set forth herein, to furnish all materials, equipment Iabor and other 22 accessories as defined by law, in the prosecution of the Work, including any Work resulting from 23 a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract 24 and designated as 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION 25 PROJECT, City Project No. 102881; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two (2) years 30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any defective Work, for which timely notice was provided by City, to a completion 4 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely S noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and II 12 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 14 Worth Division; and 15 16 PROVIDED FURTHER, that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 RESTORATION PROJECT CITY PROJECT NO. 102881 0061 19 - 3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 15th day of 3 December , 2020 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 ATT� T: r (Prineipa j cretary -Aftw Witness as to Principal ATTEST: /J P (Surely) Secretary V14I— tes-s'as to Surety PRINCIPAL: McMahon tint L. . B Signature Name and Title Address: 3019 Roy Orr Blvd. Grand Prairie Texas 75050 SURETY: Colonial American Casualty and Surety Company ' li and De osit Com an of Maryland BY: Signature Robbi Morales, Attorney -in -fact Name and Title Address: 5005 LBJ Freeway, Suite 1500 .��44��4 Telephone Number: 214/989-0000 *Note: If signed by an officer of the Surely 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 FOWI' WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Ricardo J. REYNA, Tina MCEWAN, Don E. CORNELL, Joshua SAUNDERS, Robbi MORALES, Sophinie HUNTER, Kelly A. WESTBROOK and Tonic PETRANEK, all of Dallas, Texas, EACH, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Larvs of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 81b day of November, A.D. 2019. s wti Sr!?�q o f,u +,jyNHri4,Y>•��� aVPI i.�`y����l ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND By., Robert D. Hurray Vice President .By: Dawn E. Brown Secretary State of Maryland County of Baltimore On this Sth day of November AD. 20f9, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn C. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by cue duly sworn, deposeth and saith, that lie/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and ihat the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WFIEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ��1,�111Fif),rT P,, Constance A. Dunn, Notary Public rTTIT„445,5<<� My Commission Expires: July 9, 2023 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorne s-in-Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other live instruments on behalf of the Company, and may authorize any officer or any such attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revolve any such appointment or authority at any time." CERTIFICATE I. the undersigned, Secretary of the ZURICH AMERICAN INSURANCE; COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By. Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the .Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary Oran Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney. -Any such Power or any Certificate thereof hearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Hoard of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the Sth day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this 15rh day of nacwbar 2020 4- s; IX 1Z By: Brian M. Hodges Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY ;BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 ww�v.rePortsfclaims rr aurichna.com 800-626-4577 Texas Important Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Zurich North America's toll -free telephone number for information or to make a complaint at: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ZURICH AVISO IMPORTANTE Para obtener informaci6n o para presenter una queja: Usted puede Ilamar al numero de telefono gratuito de Zurich North America's para obtener informaci6n o para presentar una queja al: 1.800-382-2150 Usted puede comunicarse con el Departamento de Se- guros de Texas para obtener informaci6n sobre com- panlas, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS 0 RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamaci6n, usted debe comunicarse con la companla primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTF ESTE AVISO A SU P6LI2'A: Este aviso es solamente para prop6sitos informativos y no se con- vierte en parte o en condici6n del documento adjunto. U-GU-296-E (06115) Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS - CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement- Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage ....................................................................................... 3 2. Unintentional Failure to Disclose Hazards .............................................................................. 9 3. Damage to Premises Rented to You ........................................................................................ 9 4. Supplementary Payments ...................................................................................................... 10 S. Medical Payments ................................................................................................................... 10 G. 180 Day Coverage for Newly Formed or Acquired organizations .....................................10 7. Waiver of Subrogation .............................................................................................................. 11 8. Automatic Additional Insured - Specified Relationships: .................................................. 11 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises; and • Mortgagee, Assignee or Receiver 9. Property Damage to Borrowed Equipment .......................................................................... 14 10. Employees as Insureds - Specified Health Care Services and Good Samaritan Services................................................................................................................................... 15 11. Broadened Notice of Occurrence .......................................................................................... 15 12. Nonowned Aircraft............................................................... .................................................. 15 13. Bodily injury Redefined .......................................................................................................... 15 14. Expected or Intended Injury Redefined ................................................................................ 15 15. Former Employees as Insureds ............................................................................................ 15 16. Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage.................................................................................................................................. 16 17. Broadened Contractual Liability - Work Within 50'of Railroad Property .........................17 18. Alienated Premises ................................................................................................................. 17 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission- Page 1 of 17 b. Loss of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage to Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage a.) And Care. Custody or Control Liability Coverage (Coverage b.) Limits of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b. $5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody or $ Control TOTAL ANNUAL, PREMIUM $ Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 2 of 17 C. Coverages this endorsement pro- vided you did not have 1. Employee Benefit Liability Coverage knowledge of a claim or a. The following is added to Section I - "suit" on or before the Coverages: "first effective date" of this endorsement. Employee Benefit Liability Cover- You will be deemed to age have knowledge of a (1) Insuring Agreement claim or "suit" when any "authorized representa- (a) We will pay those sums that tive";the insured becomes legally obligated to pay as damag- a) Reports all, or any es caused by any act, error part, of the act, er- or omission of the insured, ror or omission to or of any other person for us or any other in - whose acts the insured is surer; legally liable, to which this insurance applies. We will b) Receives a written have the right and duty to or verbal demand defend the insured against or claim for dam - any "suit" seeking those ages because of damages. However, we will the act, error or have no duty to defend omission. against any "suit" seeking (2) Exclusions damages to which this in- surance does not apply. We This insurance does not apply to: may, at our discretion, in- vestigate any report of an (a) Bodily Injury, Property act, error or omission and Damage or Personal and settle any claim or "suit" that Advertising Injury may result. But: "Bodily injury", "property 1) The amount we will pay damage" or "personal and for damages is limited advertising injury". as described in Section (b) Dishonest, Fraudulent, III - Limits of Insur- Criminal or Malicious Act ante; and Damages arising out of any 2) Our right and duty to intentional, dishonest, defend ends when we fraudulent, criminal or mali- have used up the appli- cious act, error or omission, cable limit of insurance committed by any insured, in the payment of judg- including the willful or reck- ments or settlements, less violation of any statute. No other obligation or liabil- (c) Failure to Perform a Con- ity to pay sums or perform tract acts or services is covered unless explicitly provided for Damages arising out of fail - under Supplementary ure of performance of con - Payments. tract by any insurer. (b) This insurance applies to (d) Insufficiency of Funds damages only if the act, er- ror or omission, is negligent- Damages arising out of an ly committed in the "admin- insufficiency of funds to istration" of your "employee meet any obligations under benefit program"; and any plan included in the "employee benefit program". 1) Occurs during the policy period; or 2) Occurred prior to the "first effective date" of Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 3 of 17 GA 233 TX 09 17 (e) Inadequacy of Perfor- 0) Employment -Related Prac- mance of Invest- tices ment/Advice Given With Respect to Participation Any liability arising out of any: Any claim based upon: {1} Refusal to employ; 1) Failure of any invest- ment to perform; (2) Termination of employ- ment; 2) Errors in providing in- formation on past per- (3) Coercion, demotion, formance of investment evaluation, reassign - vehicles; or ment, discipline, defa- mation, harassment, 3) Advice given to any humiliation, discrimina- person with respect to tion or other employ - that person's decision to ment - related practices, participate or not to par- acts or omissions; or ticipate in any plan in- cluded in the "employee (4) Consequential liability benefit program". as a result of (1), (2) or (3) above. (f) Workers' Compensation This exclusion applies and Similar Laws whether the insured may be Any claim arising out of your held liable as an employer failure to comply with the or in any other capacity and mandatory provisions of any to any obligation to share workers' compensation, un- damages with or repay employment compensation someone else who must pay insurance, social security or damages because of the in - disability benefits law or any jury. similar law. (3) Supplementary Payments (g) ERISA Section I - Coverages, Sup - Damages for which any in- plementary Payments - Cover- sured is liable because of li- ages A and B also apply to this ability imposed on a fiduci- Coverage, ary by the Employee Re- tirement Income Security b. Who Is An Insured Act of 1974, as now or As respects Employee Benefit Lia- hereafter amended, or by bility Coverage, Section II - Who is any similar federal, state or an Insured is replaced by the follow - local laws. ing: (h) Available Benefits (1) If you are designated in the Dec - Any claim for benefits to the larations as: extent that such benefits are (a) An individual, you and your available, with reasonable spouse are insureds, but on - effort and cooperation of the ly with respect to the con - insured, from the applicable duct of a business of which funds accrued or other col- you are the sole owner. lectible insurance. (b) A partnership or joint ven- (i} Taxes, Fines or Penalties ture, you are an insured. Taxes, fines or penalties, in- Your members, your part- cluding those imposed un- ners, and their spouses are der the Internal Revenue also insureds but only with Code or any similar state or respect to the conduct of local law. your business. (c) A limited liability company, you are an insured. Your Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 17 members are also insureds, the end of the policy period, but only with respect to the whichever is earlier; and conduct of your business. Your managers are in- (b) Does not apply to any act, sureds, but only with respect error or omission that was to their duties as your man- committed before you ac- agers. quired or formed the organi- zation. (d) An organization other than a partnership, joint venture or c. Limits of Insurance limited liability company, you As respects Employee Benefit Lia- are an insured. Your "execu- biiity Coverage, Section III - Limits tive officers" and directors of Insurance is replaced by the fol- are insureds, but only with lowing: respect to their duties as your officers or directors. (1) The Limits of Insurance shown in Your stockholders are also Section B. Limits of Insurance, insureds, but only with re- 1. Employee Benefit Liability spect to their liability as Coverage and the rules below fix stockholders. the most we will pay regardless of the number of: (e) A trust, you are an insured. Your trustees are also in- (a) Insureds; sureds, but only with respect to their duties as trustees. (b) Claims made or "suits" brought; (2) Each of the following is also an insured: (c) Persons or organizations making claims or bringing (a) Each of your "employees" "suits'; who is or was authorized to administer your "employee (d) Acts, errors or omissions; or benefit program"; (e) Benefits included in your (b) Any persons, organizations "employee benefit program". or "employees" having prop- (2) The Aggregate Limit shown in er temporary authorization Section B. Limits of Insurance, to administer your "employ- 1. Employee Benefit Liability ee benefit program" if you Coverage of this endorsement is die, but only until your legal the most we will pay for all dam - representative is appointed; ages because of acts, errors or or omissions negligently committed (c) Your legal representative if in the "administration" of your you die, but only with re- "employee benefit program". spect to duties as such. That (3) Subject to the limit described in representative will have all (2) above, the Each Employee your rights and duties under Limit shown in Section B. Limits this Coverage Part. of Insurance, 1. Employee (3) Any organization you newly ac- Benefit Liability Coverage of quire or form, other than a part- this endorsement is the most we nership, joint venture or limited will pay for all damages sus - liability company, and over which tained by any one "employee", you maintain ownership or major- including damages sustained by ity interest, will qualify as a such "employee's" dependents Named Insured if no other similar and beneficiaries, as a result of: insurance applies to that organi- (a) An act, error or omission; or zation. However, coverage under this provision: (b) A series of related acts, er- (a) Is afforded only until the rors or omissions, regard- less of the amount of time 180th day after you acquire that lapses between such or form the organization or acts, errors or omissions; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 5 of 17 negligently committed in the d. Additional Conditions "administration" of your "employ- ee benefit program. As respects Employee Benefit Lia- bility Coverage, Section IV - Com- However, the amount paid under mercial General Liability Condi- this endorsement shall not ex- tions is amended as follows: ceed, and will be subject to the limits and restrictions that apply (1) Item 2. Duties in the Event of to the payment of benefits in any Occurrence, Offense, Claim or plan included in the "employee Suit is replaced by the following: benefit program." 2. Duties in the Event of An (4) Deductible Amount Act, Error or Omission, or Claim or Suit (a) Our obligation to pay dam- behalf the in- a. You must see to it that ages on of sured applies only to the we are notified as soon amount of damages in ex- as practicable of an act, cess of the Deductible error or omission which Amount stated in the Decla- may result in a claim. rations as applicable to To the extent possible, Each Employee. The limits notice should include: of insurance shall not be re- (1) What the act, error duced by the amount of this or omission was deductible. and when it oc- (b) The Deductible Amount curred; and stated in the Declarations (2) The names and applies to all damages sus- addresses of any- tained by any one "employ- one who may suf- ee", including such "employ- fer damages as a ee's" dependents and bene- result of the act, ficiaries, because of all acts, error or omission. errors or omissions to which this insurance applies. b. If a claim is made or "suit" is brought against (c) The terms of this insurance, any insured, you must: including those with respect to: (1) Immediately record the specifics of the right and duty to 1) Our ri g y claim or "suit" and defend the insured the date received; against any "suits" and seeking those damag- es; and (2) Notify us as soon as practicable. 2) Your duties, and the du- ties of any other in- You must see to it that volved insured, in the we receive written no - event of an act, error or tice of the claim or "suit" omission, or claim; as soon as practicable. apply irrespective of the ap- c. You and any other in- plication of the Deductible volved insured must: Amount. (1) Immediately send (d) We may pay any part or all us copies of any of the Deductible Amount to demands, notices, effect settlement of any summonses or le - claim or "suit" and, upon no- gal papers re- tification of the action taken, ceived in connec- you shall promptly reim- tion with the claim burse us for such part of the or "suit"; Deductible Amount as we have paid. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 6 of 17 (2) Authorize us to ob- contributes equal tain records and amounts until it has other information; paid its applicable limit of insurance or none of (3) Cooperate with us the loss remains, in the investigation whichever comes first. or settlement of the claim or defense If any of the other in - against the "suit"; surance does not permit and contribution by equal shares, we will contrib- ( 4) Assist us, upon our ute by limits. Under this request, in the en- method, each insurer's forcement of any share is based on the right against any ratio of its applicable person or organi- limit of insurance to the zation which may total applicable limits of be liable to the in- insurance of all insur- sured because of ers. an act, error or omission to which c. Excess Insurance this insurance may also apply. This insurance is ex- cess over any of the d. No insured will, except other insurance, wheth- at that insured's own er primary, excess, con - cost, voluntarily make a tingent or on any other payment, assume any basis that is insurance obligation, or incur any purchased by you to expense without our coverage damages for consent. acts, errors or omis- occurred prior sions(2) Item 5. Other Insurance is re- ttthat to the 'first effective placed by the following: date". 5. Other Insurance e. Additional Definitions If other valid and collectible As respects Employee Benefit Lia- insurance is available to the bility Coverage, Section V - Defini- insured for a loss we cover tions is amended as follows: under this Coverage Part, our obligations are limited as (1) the following definitions are follows: added: a. Primary Insurance 1. "Administration" means: This insurance is prima- a. Providing information to ry except when c. below "employees", including applies. If this insurance their dependents and is primary, our obliga- beneficiaries, with re- tions are not affected spect to eligibility for or unless any of the other scope of "employee insurance is also prima- benefit programs"; ry. Then, we will share with all that other insur- b. Interpreting the "em- ance by the method de- ployee benefit pro- scribed in b. below. grams"; b. Method of Sharing c. Handling records in connection with the If all of the other insur- "employee benefit pro- ance permits contribu- grams"; or tion by equal shares, we will follow this meth- d. Effecting, continuing or od also. Under this ap- terminating any "em- proach each insurer ployee's" participation in Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 7 of 17 GA 233 TX 09 17 any benefit included in c. Unemployment insur- the "employee benefit ance, social security program". benefits, workers' com- pensation and disability However, "administration" benefits; and does not include: d. Vacation plans, includ- a. Handlingpayroll deduc- ing buy and sell pro- tions; or grams; leave of ab- b. The failure to effect or sence programs, includ- maintain any insurance ing military, maternity, or adequate limits of family, and civil leave; coverage of insurance, tuition assistance plans; including but not limited transportation and to unemployment insur- health club subsidies. ance, social security 4. "First effective date" means benefits, workers' com- the date upon which cover- pensation and disability age was first effected in a benefits. series of uninterrupted re- 2. "Cafeteria plans" means newals of insurance cover - plans authorized by applica- age. ble law to allow "employees" (2) The following definitions are de - to elect to pay for certain leted in their entirety and re - benefits with pre-tax dollars. placed by the following: 3. Employee benefit pro- g, "Employee" means a person grams" means a program actively employed, formerly providing some of all of the employed, on leave of ab- following benefits to "em- sence or disabled, or retired. ployees", whether provided "Employee" includes a through a "cafeteria plan" or "leased worker". "Employee" otherwise: does not include a "tempo - a. Group life insurance; rary worker". group accident or health 21. "Suit" means a civil proceed - insurance; dental, vision ing in which money damag- and hearing plans, and es because of an act, error flexible spending ac- or omission to which this in - counts; provided that no surance applies are alleged. one other than an "em- "Suit" includes: ployee" may subscribe to such benefits and a. An arbitration proceed - such benefits are made ing in which such dam - generally available to ages are claimed and to those "employees" who which the insured must satisfy the plan's eligibil- submit or does submit ity requirements; with our consent; b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro - plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in - subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" may subscribe to such c. An appeal of a civil pro - benefits and such bene- ceeding. fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 17 2. Unintentional Failure to Disclose Haz- 2) Rust or other cor- ards rosion, decay, de - hidden Section IV - Commercial General Liabil- or latent latent defect it Conditions, 7. Representations is y p n any quality in a amended by the addition of the following: property that caus- Based on our dependence upon your rep- es it to damage or resentations as to existing hazards, if un- destroy itself; intentionally you should fail to disclose all 3) Smog; such hazards at the inception date of your policy, we will not reject coverage under 4) Mechanical break - this Coverage Part based solely on such down, including failure. rupture or bursting caused by centrif- 3. Damage to Premises Rented to You ugal force; a. The last Paragraph of 2. Exclusions 5) Settling, cracking, under Section I - Coverage A - Bod- shrinking or ex- ily Injury and Property Damage Li- pansion; ability is replaced by the following: 6) Nesting or infesta- Exclusions c. through do not apply tion, or discharge to "property damage" by fire, explo- or release of waste sion, lightning, smoke or soot to products or secre- premises while rented to you or tern- tions, by insects, porarily occupied by you with permis- birds, rodents or sion of the owner, for which the other animals; or amount we will pay is limited to the Damage to Premises Rented to i) Presence, growth, You Limit as described in Section III proliferation, - Limits of Insurance. spread or any ac- tivity of fungus, in- b. The insurance provided under Sec- cluding mold or tion I - Coverage A - Bodily Injury mildew, and any and Property Damage Liability ap- mycotoxins, plies to "property damage" arising out spores, scents or of water damage to premises that are byproducts pro - both rented to and occupied by you. duced or released (1) As respects Water Damage Le- by fungi. gal Liability, as provided in Para- (b) "Property damage" caused graph 3.b. above: directly or indirectly by any The exclusions under Section I - of the following: Coverage A - Bodily Injury and (1) Earthquake, volcanic Property Damage Liability, 2. eruption, landslide or Exclusions, other than 1. War any other earth move - and the Nuclear Energy Liabil- ment; ity Exclusion (Broad Form), are deleted and the following are (ii) Water that backs up or added: overflows or is other - wise discharged from a This insurance does not apply to: sewer, drain, sump, (a) "Property damage": sump pump or related equipment; (f) Assumed in any con- tract or agreement; or (iii) Water under the ground surface pressing on, or (ii) Caused by or resulting flowing or seeping from any of the follow- through: ing: 1) Foundations, walls, 1) Wear and tear; floors or paved surfaces; Includes copyrighted material of insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 9 of 17 2) Basements, whether paved or not; or 3) Doors, windows or other openings. (c) "Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (i) You did your best to maintain heat in the building or structure; or (H) You drained the equip- ment and shut off the water supply if the heat was not maintained. (d) "Property damage" to: (1) Plumbing, heating, air conditioning, fire protec- tion systems, or other equipment or applianc- es; or (ii) The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b. above, the Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (1) Paragraph 6. of Section III - Limits of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A - Bodily Injury and Property Dam- age Liability for damages because of "property dam- age" to any one premises: a. While rented to you, or temporarily occupied by you with permission of the owner; b. In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or c. In the case of damage by water, while rented to and occupied by you. (2) The most we will pay is limited as described in Section B. Limits of Insurance, 3. Damage to Prem- ises Rented to You of this en- dorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A and B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section S. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Sec- tion B. Limits of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. 160 Day Coverage for Newly Formed or Acquired Organizations Section II - Who is an Insured is amended as follows: Subparagraph a. of Paragraph 3. is re- placed by the following: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 10 of 17 a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; 7. Waiver of Subrogation Section IV - Commercial General Liabil- ity Conditions, 9. Transfer of Rights of Recovery Against Others to us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a written contract or agree- ment with that person or organization and included in the "products -completed oper- ations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Cov- erage Part. The insured must do nothing after a loss to impair our rights. At our re- quest, the insured will bring "suit" or trans- fer those rights to us and help us enforce those rights. 8. Automatic Additional Insured - Speci- fied Relationships a. The following is added to Section II - Who is an insured: (1) Any person(s) or organization(s) described in Paragraph 8.a.(2) of this endorsement (hereinafter re- ferred to as additional insured) whom you are required to add as an additional insured under this Coverage Part by reason of a written contract, written agree- ment, written permit or written authorization. (2) Only the following persons or or- ganizations are additional in- sureds under this endorsement, and insurance coverage provided to such additional insureds is lim- ited as provided herein: (a) Managers or Lessors of Premises The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 8.a.(l) of this en- dorsement to provide insur- ance, but only with respect to liability arising out of the ownership, maintenance or use of that part of the prem- ises leased to you, subject to the following additional exclusions: This insurance does not ap- ply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises; (ii) Structural alterations, new construction or demolition operations performed by or on be- half of such additional insured. (b) Lessor of Leased Equip- ment Any person or organization from whom you lease equipment when you and such person(s) or organiza- tions) have agreed per Par- agraph 8.a.(7) of this en- dorsement to provide insur- ance. Such person(s) or or- ganization(s) are insureds 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 or- ganization(s). A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. However, this insurance does not ap- ply to any "occurrence" which takes place after the equipment lease expires. (c) Vendors Any person or organization (referred to below as ven- dor) with whom you have agreed per Paragraph 8.a.(1) of this endorsement to provide insurance, but on- ly with respect to "bodily in- jury" or "property damage" Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Pagel 1 of 17 arising out of "your products" or sale of the which are distributed or sold products; in the regular course of the 6) Demonstration, in- vendor's business, subject to the following additional stallation, servicing exclusions: or repair opera- tions, except such (1) The insurance afforded operations per - the vendor does not formed at the ven- apply to: dor's premises in connection with the 1) "Bodily injury" or safe of the product; "property damage" for which the ven- 7) Products which, af- dor is obligated to ter distribution or pay damages by sale by you, have reason of the as- been labeled or re- sumption of liability labeled or used as in a contract or a container, part or agreement. This ingredient of any exclusion does not other thing or sub - apply to liability for stance by or for the damages that the vendor; or vendor would have in the absence of $} "Bodily injury" or the contract or "property damage" agreement; arising out of the sole negligence of 2) Any express war- the vendor for its ranty unauthorized own acts or omis- by you; sions or those of its employees or physical or 3} Any Y anyone else acting chemical change in on its behalf. How - the product made ever, this exclusion intentionally by the does not apply to: vendor; 4) Repackaging,ex- a) The excep- tions contained cept when un- in Paragraphs packed solely for (c) (1) 4) or 6) the purpose of in- of this en- spection, demon- dorsement; or stration, testing, or the substitution of b) Such inspec- parts under in- tions, adjust- structions from the ments, tests or manufacturer, and servicing as then repackaged in the vendor has the original con- agreed to tainer; make or nor- under- mally5) An failure to make Y takes to make such inspections, in the usual adjustments, tests course of or servicing as the business, in vendor has agreed connection to make or normal- with the distri- ly undertakes to bution or sale make in the usual of the prod - course of busi- ucts. ness, in connection with the distribution Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 12 of 17 (ii) This insurance does not (Ili) The ownership, mainte- apply to any insured nance or use of any el - person or organization: evators covered by this 1) From whom you insurance. have acquired (e) Mortgagee, Assignee or such products, or Receiver any ingredient, part or container, enter- Any person or organization ing into, accompa- with whom you have agreed nying or containing per Paragraph 8.a.(1) of this such products; or endorsement to provide in- surance, but only with re- 2) When liability in- spect to their liability as eluded within the mortgagee, assignee, or re- "products- ceiver and arising out of the completed opera- ownership, maintenance, or tions hazard" has use of the premises by you. been excluded un- However, this insurance der this Coverage does not apply to structural Part with respect to alterations, new construction such products. and demolition operations performed by or for that per- (d) State or Governmental son or organization. Agency or Subdivision or Political Subdivision (3) The insurance afforded to addi- Permits or Authorizations tional insureds described in Par - Relating to Premises agraph 8.a.(1) of this endorse - Any state or governmental ment: agency or subdivision or po- (a) Only applies to the extent litical subdivision with which permitted by law; and you have agreed per Para- graph 8.a.(1) of this en- (b) Will not be broader than that dorsement to provide insur- which you are required by ante, subject to the follow- the written contract, written ing additional provision: agreement, written permit or written authorization to pro - This insurance applies only vide for such additional in - with respect to the following sured; and hazards for which the state or governmental agency or (c) Does not apply to any per - subdivision or political sub- son, organization, vendor, division has issued a permit state, governmental agency or authorization in connec- or subdivision or political tion with premises you own, subdivision, specifically rent or control and to which named as an additional in - this insurance applies: sured under any other provi- sion of, or endorsement (1) The existence, mainte- added to, this Coverage nance, repair, construe- Part, provided such other tion, erection or removal provision or endorsement of advertising signs, covers the injury or damage awnings, canopies, cel- for which this insurance ap- lar entrances, coal plies. holes, driveways, man- holes, marquees, hoist b. With respect to the insurance afford - away openings, side- ed to the additional insureds de - walk vaults, street ban- scribed in Paragraph 8.a.(1) of this ners or decorations and endorsement, the following is added similar exposures; or to Section III - Limits of Insurance: (ii) The construction, erec- The most we will pay on behalf of the tion or removal of eleva- additional insured is the amount of in - tors; or surance: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 13 of 17 (1) Required by the written contract, 9. Property Damage to Borrowed Equip - written agreement, written permit ment or written authorization described in Paragraph 8.a.(1) of this en- a. The following is added to Exclusion dorsement; or 2.j. Damage to Property under Sec- tion I - Coverage A - Bodily Injury (2) Available under the applicable and Property Damage Liability: Limits of Insurance shown in the Declarations; Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip - whichever is less, ment loaned to you, provided they are not being used to perform operations This endorsement shall not increase T at the time of loss. the applicable Limits of Insurance shown in the Declarations. b. With respect to the insurance provid- ed by this section of the endorse- c. Section IV - Commercial General ment, the following additional provi- Liability Conditions is amended to sions apply: pp y include the following: (1) The Limits of Insurance shown in Automatic Additional Insured Pro- the Declarations are replaced by vision the limits designated in Section This insurance applies only if the B. Limits of Insurance, 9. "bodily injury" or "property damage" Property Damage to Borrowed occurs, or the "personal and advertis- Equipment of this endorsement ing injury' offense is committed: with respect to coverage provid- ed by this endorsement. These (1) During the policy period; and limits are inclusive of and not in addition to the limits being re - (2) Subsequent to your execution of placed. The Limits of Insurance the written contract or written shown in Section B. Limits of agreement, or the issuance of a Insurance, 9. Property Damage written permit or written authori- to Borrowed Equipment of this zation, described in Paragraph endorsement fix the most we will 8.a.(1). pay in any one "occurrence" re- d. Section IV - Commercial General gardless of the number of; Liability Conditions is amended as (a) Insureds; follows: (b) Claims made or "suits" Condition S. Other Insurance is brought; or amended to include: (c) Persons or organizations Primary and Noncontributory In- making claims or bringing surance "suits". This insurance is primary to and will (2) Deductible Clause not seek contribution from any other insurance available to an additional (a) Our obligation to pay dam - insured per Paragraph 8.a.(1) of this ages on your behalf applies endorsement provided that: only to the amount of dam- ages for each "occurrence" ( 1) The additional insured is a which are in excess of the Named Insured under such other Deductible Amount stated in insurance; and Section B. Limits of insur- (2) You have agreed in writing in a ance. 9. Property Damage contract, agreement, permit or to Borrowed Equipment of authorization described in 8.a.(2) this endorsement. The limits of this endorsement that this in- of insurance will not be re- surance would be primary and duced by the application of would not seek contribution from such deductible amount. any other insurance available to (b) Section IV - Commercial the additional insured. General Liability Condi- tions, 2. Duties in the Event of Occurrence, of - Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 14 of 17 fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees as Insureds - Specified Health Care Services and Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who is an Insured does not apply to: a. Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or b. Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit under Section IV - Commercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include- (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto or Watercraft under Sec- tion I - Coverage A - Bodily Injury and Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 4. 'Bodily injury" is replaced by the following: 4. 'Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time_ 14. Expected or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected or Intended Injury under Section - Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees as Insureds The following is added to Paragraph 2. under Section II - Who is an Insured: 2. Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 15 of 17 16. Voluntary Property Damage Coverage a. Coverage D - Voluntary Property Damage Coverage Section I - Coverages is amended to include the following: (1) Insuring Agreement GA 233 TX 09 17 (a) We will pay the cost to re- pair or replace "property damage" to property of oth- ers arising out of operations incidental to your business when: 1) Damage is caused by you; or 2) Damage occurs while in your possession. At your written request, we will make this payment re- gardless of whether you are at fault for the "property damage". If you, at our request, re- place, or make any repairs to, damaged property of others, the amount we will pay under Voluntary Prop- erty Damage Coverage will be determined by your actu- al cost to replace or repair the damaged property, ex- cluding any profit or over- head. Any payment we make un- der Voluntary Property Damage Coverage shall not be interpreted as an admis- sion of liability by you or by us. It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liabil- ity to pay sums or perform acts or services is covered. (b) This insurance applies to "property damage" only if: 1) The "property damage" takes place in the "cov- erage territory"; and (2) Exclusions This insurance does not apply to "property damage" that would be excluded by Coverage A - Bodi- ly Injury and Property Damage Liability, 2. Exclusions, except for j. Damage to Property, par- agraphs (3), (4), (5) and (6), k. Damage to Your Product, and I. Damage to Your Work. (3) Definitions For purposes of Voluntary Property Damage Coverage only, the following definitions un- der Section V - Definitions are replaced by the following: 16. "Occurrence" means an in- cident, including continuous or repeated exposure to substantially the same gen- eral harmful conditions that result in "property damage". 20. "Property damage" means physical injury to tangible property. "Electronic data" is not tangible property, and "property damage" does not include disappearance, ab- straction or theft. b. Care, Custody or Control Liability Coverage For purposes of the coverage provid- ed by Care, Custody or Control Li- ability Coverage in this endorsement only: (1) Section 1 - Coverage A - Bodily Injury and Property Damage Liability, 2. Exclusions, j. Damage to Property, Subpara- graphs (3), (4) and (5) do not ap- ply to "property damage" to the property of others described therein. (2) It shall be your duty, not our duty, to defend any claim or "suit" to which this insurance applies. No other obligation or liability to pay sums or perform acts or ser- vices is covered. This Paragraph (2) supersedes any provision in the Coverage Part to the contrary. 2) The "property damage" occurs during the policy (3) Property damage" for which period. Care, Custody or Control Lia- Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 16 of 17 billty Coverage provides cover- (3) The Voluntary Property Dam- age shall be deemed to be age Coverage, Aggregate Limit caused by an "occurrence" but of Insurance is the most we will shall not sere to limit or restrict pay for the sum of all damages the applicability of any exclusion under Voluntary Property for "property damage" under this Damage Coverage. This limit Coverage Part. applies separately to each "cov- c. Limits of Insurance and Deducti- erage term". bles (4) Deductible Clause For purposes of the coverage provid- (a) Our obligation to pay dam- ed by Voluntary Property Damage ages on your behalf applies Coverage and Care, Custody or only to the amount of dam - Control Liability Coverage, Section ages for each "occurrence" III - Limits of Insurance is amended which are in excess of the to include the following: Deductible Amount stated (1) The Limits of Insurance shown in for the applicable coverage in the Schedule. The limits the Declarations are replaced by of insurance will not be re - the limits designated in Section duced by the application of B. Limits of Insurance, 16. such Deductible Amount. Voluntary Property Damage Coverage and Care, Custody (b) Section IV - Commercial or Control Liability Coverage, General Liability Condi- in this endorsement. These limits tions, 2. Duties in the are inclusive of, and not in addi- Event of Occurrence, of- tion to, the limits being replaced. fense, Claim or Suit, ap- The Limits of Insurance shown in plies to each claim or "suit" the Schedule fix the most we will irrespective of the amount. pay regardless of the number of: (c) We may pay any part or all (a) Insureds; of the Deductible Amount to (b) Claims made or "suits" effect settlement of any claim or "suit" and, upon no- claim or tification of the action taken, (c) Persons or organizations you shall promptly reim- making claims or bringing burse us for such part of the "suits". Deductible Amount as has been paid by us. (2) (a) Subject to (3) below, the Voluntary Property Dam- 17. Broadened Contractual Liability - Work age Coverage, Each Occur- Within 60' of Railroad Property rence Limit Of Insurance is Section V - Definitions, 12. "Insured con - the most we will pay for the tract" is amended as follows: sum of damages under Vol- untary Property Damage a. Paragraph c. is replaced by the fol- Coverage; lowing: (b) The Care, Custody or Con- c. Any easement or license agree- trol Liability Coverage, ment', Each Occurrence Limit Of Insurance is the most we will b. Paragraph f.(1) is deleted in its entire - pay for the sum of damages ty. under Care, Custody or 18. Alienated Premises Control Liability Coverage; b because of all "property damage" Exclusion 2 j. Damage to Property, Paragraph (2) under Section 1 - Cover - arising out of any one "occur- age A - Bodily Injury and Property rence". Damage Liability does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office. Inc., with its permission. Page 17 of 17 This page has been Ieft blank intentionally. COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict SUPPLEMENTARY PAYMENTS - COV- this insurance. Read the entire Coverage Part ERAGES A AND B. carefully to determine rights, duties and what is and is not covered. b. This insurance applies to "bodily injury" and "property damage" only if: Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organi- zation qualifying as a Named Insured under this Coverage Part. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organiza- tion qualifying as such under SECTION II - WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I -COVERAGES COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "bodily injury" or "prop- erty damage" to which this insurance ap- plies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in SECTION Ill - LIMITS OF INSURANCE; and (2) Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or medical expenses under SECTION I - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. (1) The "bodily injury" or "property dam- age" is caused by an "occurrence" that takes place in the "coverage ter- ritory"; (2) The "bodily injury" or "property dam- age" occurs during the policy period, - and (3) Prior to the "coverage term" in which "bodily injury" or "property damage" occurs, you did not know, per Para- graph 1.d. below, that the "bodily in- jury" or "property damage" had oc- curred or had begun to occur, in whole or in part. c. "Bodily injury" or "property damage" which: (1) Occurs during the "coverage term"; and (2) Was not, prior to the "coverage term", known by you, per Paragraph 1.d. below, to have occurred; includes any continuation, change or re- sumption of that "bodily injury" or "prop- erty damage" after the end of the "cover- age term" in which it first became known by you. d. You will be deemed to know that "bodily injury" or "property damage" has occurred at the earliest time when any "authorized representative": (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily irury" or "property damage'; (3) First observes, or first observed, the "bodily injury" or "property damage"; (4) Becomes aware, or become aware, by any means other than as de- scribed in (3) above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or No other obligation or liability to pay sums (5) Becomes aware, or become aware, or perform acts or services is covered of a condition from which "bodily in - unless expressly provided for under jury" or "property damage" is sub- stantially certain to occur. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Pagel of 22 e. Damages because of "bodily injury" in- clude damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bod- ily injury". 2. Exclusions This insurance does not apply to: a. Expected or Intended Injury "Bodily injury" or "property damage" which results from the intentional or criminal acts of the insured or which is in fact expected or intended by the insured, even if the injury or damage is of a differ- ent degree or type than actually expected or intended. This exclusion does not ap- ply to "bodily injury" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agree- ment; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property dam- age" occurs subsequent to the exe- cution of the contract or agreement. When a claim for such "bodily injury" or "property damage" is made, we will defend that claim provided the insured has assumed the obligation to defend such claim in the "insured contract". Such defense payments will not reduce the limits of insur- ance. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing or contributing to the intoxi- cation of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distribut- ing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation and Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employees Liability "Bodily injury" to: (1) An "employee" of the insured sus- tained in the 'Workplace"; (2) An "employee" of the insured arising out of the performance of duties re- lated to the conduct of the insured's business; or (3) The spouse, child, parent, brother or sister of that "employee" as a conse- quence of Paragraphs (1) or (2) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "in- sured contract". f. Pollutant (1) "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to, any insured. However, Paragraph (a) does not apply to: 1) "Bodily injury" to any person injured while on any prem- ises, site or location owned or occupied by, or rented or loaned to, you provided: a) The injury is caused by the inadequate ventila- tion of vapors; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 2 of 22 GA 101 TX 0910 b) The person injured is product of any manufactur- first exposed to such ing process; vapors during the policy period; and 2) "Bodily injury" or "property damage" for which you may c) Within 30 days of such be held liable, if you are a first exposure, the per- contractor, and the owner or son injured is clinically lessee of such premises, diagnosed or treated by site or location has been a physician for the added to this Coverage Part medical condition as an additional insured caused by the expo- with respect to your ongoing sure to such vapors. operations or "your work" However, Paragraph c) performed for that additional does not apply if the insured at that premises, "bodily injury" is caused site or location and such by vapors produced by premises, site or location is or originating from not and never was owned or equipment that is used occupied by, or rented or to heat, cool or dehu- loaned to, any insured, midify the building, or other than that additional in - equipment that is used sured; or to heat water for per- sonal use, by the build- 3) "Bodily injury" or "property ing's occupants or their damage" arising out of heat, guests. smoke or fumes from a "hostile fire"; This exception 1) shall ap- ply only to Named Insureds; (b) At or from any premises, site or we shall have no duty to de- location which is or was at any fend or pay damages for time used by or for any insured any person or organization or others for the handling, stor- that is not a Named Insured. age, disposal, processing or However, this paragraph treatment of waste; does not apply if the "bodily (c) Which are or were at any time injury" is caused by vapors transported, handled, stored, produced by or originating treated, disposed of, or proc- from equipment that is used essed as waste by or for: to heat, cool or dehumidify the building, or equipment 1) Any insured; or that is used to heat water for personal use, by the 2) Any person or organization building's occupants or their for whom you may be le - guests. gally responsible; For the purpose of the ex- (d) At or from any premises, site or ception granted in Para- location on which any insured or graph 1) only, vapors any contractors or subcontrac- means any gaseous or air- tors working directly or indirectly borne irritant or airborne on any insured's behalf are per - contaminant, including forming operations if the "pollut- smoke, fumes, vapor or ants' are brought on or to the soot, but excluding asbes- premises, site or location in con- tos, which is discharged, nection with such operations by dispersed, emitted, released such insured, contractor or sub - or escapes from materials, contractor. However, Paragraph machinery or equipment (d) does not apply to: used in the service or main- 1) "Bodily injury" or "property tenance of the premises. damage" arising out of the Vapors does not mean any discharge, dispersal, seep - gaseous or airborne irritants age, migration, release, es - or contaminants used in a cape or emission of fuels, manufacturing process or lubricants or other operating which is the product or by- fluids, or exhaust gases, which are needed to per - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 22 form, or are the result of, (2) Any loss, cost or expense arising out the normal electrical, hy- of any: draulic or mechanical func- tions necessary for the op- (a) Request, demand, order or eration of "mobile equip- statutory or regulatory require- ment" or its parts, if such ment that any insured or others fuels, lubricants or other test for, monitor, clean up, re - operating fluids, or exhaust move, contain, treat, detoxify or gases, escape, seep or mi- grate, or are discharged, neutralize, or in any way re - spond to, or assess the effects dispersed, released or emit-- of, "pollutants"; or ted from a vehicle part de- (b) Claim or suit by or on behalf of a signed to hold, store or re- governmental authority for dam- ceive them. This exception ages because of testing for, does not apply if the fuels, monitoring, cleaning up, remov- lubricants or other operating ing, containing, treating, detoxi- fluids, or exhaust gases, fying or neutralizing, or in any escape, seep or migrate, or way responding to, or assessing are discharged, dispersed, the effects of, "pollutants". released or emitted with the intent to cause "bodily in- However, Paragraphs (2)(a) and (b) jury" or "property damage" do not apply to liability for damages or with the knowledge that because of "property damage" that "bodily injury" or "property the insured would have in the ab- damage" is substantially sence of such request, demand, or - certain to occur, or if such der or statutory or regulatory re- fuels, lubricants or other quirement, or such claim or "suit" by operating fluids, or exhaust or on behalf of a governmental au - gases, are brought on or to thority. the premises, site or loca- tion with such intent to es- g• Aircraft, Auto or Watercraft cape, seep or migrate, or be "Bodily injury" or "property damage" aris- discharged, dispersed, re- ing out of the ownership, maintenance, leased or emitted as part of use or entrustment to others of any air - the operations being per- craft, "auto" or watercraft owned or oper- formed by such insured, ated by or rented or loaned to any in - contractor or subcontractor; sured. Use includes operation and "load- 2) 'Bodily injury" or "property ing or unloading". damage" sustained within a This exclusion applies even if the claims building and caused by the against any insured allege negligence or release of gases, fumes or other wrongdoing in the supervision, hir- vapors from materials ing, employment, training or monitoring of brought into that building in others by that insured, if the 'occurrence" connection with operations which caused the "bodily injury" or "prop - being performed by you or erty damage" involved the ownership, on your behalf by a contrac- maintenance, use or entrustment to oth- tor or subcontractor; or ers of any aircraft, "auto" or watercraft 3) 'Bodily injury" or "property that is owned or operated by or rented or damage" arising out of heat, loaned to any insured. smoke or fumes from a This exclusion does not apply to: "hostile fire"; or (1) A watercraft while ashore on prem- e At or from an remises, site or (} y p ises you own or rent; location on which any insured or any contractors or subcontrac- (2) A watercraft you do not own that is: tors working directly or indirectly on any insured's behalf are per- (a) Less than 51 feet long; and forming operations if the opera- (b) Not being used to carry persons tions are to test for, monitor, or property for a charge; clean up, remove, contain, treat, detoxify or neutralize, or in any (3) Parking an "auto" on, or on the ways way respond to, or assess the next to, premises you own or rent, effects of, "pollutants". provided the "auto" is not owned by Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 4 of 22 or rented or loaned to you or the in- sured; (4) Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is on, attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li- censed or principally garaged; or (b) The operation of any of the ma- chinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury" or "property damage" aris- ing out of. (1) The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any in- sured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged rac- ing, speed, demolition, or stunting activity. L War "Bodily injury" or "property damage", how- ever caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war, (2) Warlike action by a military force, in- cluding action in hindering or defend- ing against an actual or expected at- tack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. Damage to Property "Property damage" to: (1) Property you own, rent or occupy, in- cluding any costs or expenses in- curred by you, or any other person, organization or entity, for repair, re- placement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to an - other's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those prem- ises; (3) Property loaned to you; (4) Personal property in the care, cus- tody or control of an insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or in- directly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or re- placed because "your work" was in- correctly performed on it. Paragraphs (1), (3) and (4) of this exclu- sion do not apply to "property damage" (other than damage by fire or explosion) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days, for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in SECTION! III - LIM- ITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this ex- clusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products- completed operations haz- ard". k. Damage to Your Product "Property damage" to "your product" aris- ing out of it or any part of it_ Damage to Your World "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations haz- ard". Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 5 of 22 This exclusion does not apply if the dam- (c) Other employment -related prac- aged work or the work out of which the tices, polities, acts or omissions damage arises was performed on your including but not limited to coer- behalf by a subcontractor. cion, criticism, demotion, evalua- m. Damage to Impaired Property or Prop- tion, failure to promote, reas- signment, discipline, defamation, erty Not Physically Injured harassment, humiliation or dis- "Property damage" to "impaired property" crimination directed at that per - or property that has not been physically son; or injured, arising out of_ (2) The spouse, child, parent, brother or (1) A defect, deficiency, inadequacy or sister of that person as a oonse- "bodily dangerous condition in "your prod- quence of injury" to that per- uct" or "your work"; or son at whom any of the employment - related practices described in Para- (2) A delay or failure by you or anyone graphs (a), (b) or (c) above is di - acting on your behalf to perform a rected. contract or agreement in accordance This exclusion applies: with its terms. This exclusion does not apply to the loss (1) Whether the insured may be liable as of use of other property arising out of an employer or in any other capacity; sudden and accidental physical injury to and "your product" or "your work" after it has (2) To any obligation to share damages been put to its intended use. with or repay someone else who n. Recall of Products, Work or Impaired must pay damages because of the Property injury. Any liability or damages claimed for any r. Additional Insured Prior Knowledge loss, cost or expense incurred by you or An additional insured added by attach - others for the loss of use, withdrawal, re- ment of an endorsement to this Coverage call, inspection, repair, replacement, ad- Part that is seeking coverage for a claim justment, removal or disposal of: or "suit", if that additional insured knew, (1) '"Your product"; per the following paragraph, that "bodily "property injury" or damage" had occurred (2) "Your work"; or or had begun to occur, in whole or in part, to the "coverage term" in which such 3 "Impairedproperty";prior () p "bodily injury" or "property damage" oc- if such product, work or property is with- curs or begins to occur. drawn or recalled from the market or from An additional insured added by attach - use by any person or organization be- ment of an endorsement to this Coverage cause of a known or suspected defect, Part will be deemed to have known that deficiency, inadequacy or dangerous con- "bodily injury" or "property damage" has dition in it. occurred or has begun to occur at the o. Personal and Advertising Injury earliest time when that additional insured, or any one of its owners, members, part - "Bodily injury" arising out of "personal and ners, managers, executive officers, "em- advertising injury". ployoes" assigned to manage that addi- Asbestos tional insured's insurance program, or "employees" p. assigned to give or receive „Bodily injury' or "property damage" aris- notice of an "occurrence", "personal and ing out of, attributable to, or any way re- advertising injury" offense, claim or "suit": lated to asbestos in any form or transmit- (1) Reports all, or any part, of the "bodily ted in any manner. injury" or "property damage" to us or q. Employment -Related Practices any other insurer; "Bodily injury" to: (2) Receives a written or verbal demand or claim for damages because of the (1) A person arising out of any: "bodily injury" or "property damage"; (a) Refusal to employ that person; (3) First observes, or first observed, the (b) Termination of that person's em- "bodily injury" or "property damage'; ployment; or Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 6 of 22 (4) Becomes aware, or become aware, (1) The amount we will pay for damages by any means other than as de- is limited as described in SECTION scribed in (3) above, that "bodily in- III - LIMITS OF INSURANCE; and jury" or "property damage" had oc- curred or had begun to occur; or (2) Our right and duty to defend ends when we have used up the applica- (5) Becomes aware, or become aware, ble limit of insurance in the payment of a condition from which "bodily in- of judgments or settlements under jury" or "property damage" is sub- SECTION I - COVERAGES, COW stantially certain to occur. ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; S. Electronic Data SECTION I - COVERAGES, COW Damages arising out of the loss of, loss of ERAGE B. PERSONAL AND AD - use of, damage to, corruption of, inability VERTISING INJURY LIABILITY; or to access, or inability to manipulate "elec- medical expenses under SECTION I tronic data". - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. t. Distribution of Material in Violation of Statutes No other obligation or liability to pay sums or perform acts or services is covered "Bodily injury" or "property damage" aris- unless expressly provided for under ing directly or indirectly out of any action SUPPLEMENTARY PAYMENTS - COW or omission that violates or is alleged to ERAGES A AND B. violate: b. This insurance applies to "personal and a. The Telephone Consumer Protection advertising injury" only if: Act (TCPA), including any amendment of or addition to such law; or (1) The "personal and advertising injury" is caused by an offense arising out of b. The CAN-SPAM Act of 2003, includ- your business; and ing any amendment of or addition to such law; or (2) The "personal and advertising injury" offense was committed in the "cover- c. Any statute, ordinance or regulation, age territory" during the policy period; other than the TCPA or CAN-SPAM and Act of 2003, that prohibits or limits the sending, transmitting, communicating (3) Prior to the "coverage term" in which or distribution of material or informa- the "personal and advertising injury" tion. offense is committed, you did not know, per Paragraph 1.d. below, that Exclusions c. through q. do not apply to "prop- the offense had been committed or erty damage" by fire or explosion to premises had begun to be committed, in whole while rented to you or temporarily occupied by or in part. you with permission of the owner, for which the amount we will pay is limited to the Dam- c. "Personal and advertising injury" caused age to Premises Rented To You Limit as de- by an offense which: scribed in SECTION III - LIMITS OF INSUR- (1) Was committed during the "coverage ANCE• tern"; and COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "personal and advertis- ing injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discre- tion, investigate any offense and settle any claim or "suit" that may result But: (2) Was not, prior to the "coverage term", known by you, per Paragraph 1.d. below, to have been committed; includes any continuation, change or re- sumption of that offense after the end of the "coverage term" in which it first be- came known by you. d. You will be deemed to know that a "per- sonal and advertising injury" offense has been committed at the earliest time when any "authorized representative": (1) Reports all, or any part, of the "per- sonal and advertising injury" to us or any other insurer; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 7 of 22 (2) Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3) First observes, or first observed, the offense that caused the "personal and advertising injury'; (4) Becomes aware, or become aware, by any means, other than as de- scribed in (3) above, that the offense had been committed or had begun to be committed; or (5) Becomes aware, or become aware, of a condition from which "personal and advertising injury" is substantially certain to occur. 2. Exclusions This insurance does not apply to: a. Knowing Violation of Rights of An- other "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury". b. Material Published With Knowledge of Falsity "Personal and advertising injury" arising out of oral or written publication of mate- ria[, if done by or at the direction of the in- sured with knowledge of its falsity. c. Material Published Prior to Coverage Term "Personal and advertising injury" arising out of oral or written publication of mate- rial whose first publication took place be- fore the later of the following: (1) The inception of this Coverage Part; or (2) The "coverage term" in which insur- ance coverage is sought. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agree- ment; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "personal and advertising injury" is caused by or arises out of an of- fense committed subsequent to the execution of the contract or agree- ment. When a claim for such "per- sonal and advertising injury" is made, we will defend that claim, provided the insured has assumed the obliga- tion to defend such claim in the "in- sured contract". Such defense pay- ments will not reduce the limits of in- surance. f. Breach of Contract "Personal and advertising injury" arising out of a breach of contract, except an im- plied contract to use another's advertising idea in your "advertisement". g. Quality or Performance of Goods Failure to Conform to Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "ad- vertisement". h. Wrong Description of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". i. Infringement of Copyright, Patent, Trademark or Trade Secret "Personal and advertising injury" arising out of the infringement of copyright, pat- ent, trademark, trade secret or other intel- lectual property rights. However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. j. Insureds in Media and Internet Type Businesses "Personal and advertising injury" commit- ted by an insured whose business is: (1) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web -sites for others; or (3) An Internet search, access, content or service provider. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 8 of 22 However, this exclusion does not apply to Paragraphs 17. a., b. and c. of "personal and advertising injury" under SECTION V - DEFINITIONS. For the purposes of this exclusion, the placing of frames, borders or links, or ad- vertising, for you or others anywhere on the Internet is not, by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board any insured hosts, owns, or over which any insured exercises control. I. Unauthorized Use of Another's Name or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's poten- tial customers. m. Employment Related Practices "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's em- ployment; or (c) Other employment -related prac- tices, policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evalua- tion, failure to promote, reas- signment, discipline, defamation, harassment, humiliation or dis- crimination directed at that per- son; or (2) The spouse, child, parent, brother or sister of that person as a conse- quence of "personal and advertising injury" to that person at whom any of the employment -related practices described in Paragraphs (a), (b) or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and n. Pollutant "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollut- ants" at anytime. o. Pollutant -Related Any loss, cost or expense arising out of any. (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in any way re- spond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or as- sessing the effects of, "pollutants". p. Asbestos "Personal and advertising injury" arising out of, attributable to, or any way related to asbestos in any form or transmitted in any manner. q. Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that a "per- sonal and advertising injury" offense had been committed or had begun to be committed, in whole or in part, prior to the "coverage term" in which such offense was committed or began to be committed. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that a "Personal and advertising injury" offense has been committed or has begun to be committed at the earliest time when that additional insured, or any one of its own- ers, members, partners, managers, ex- ecutive officers, "employees" assigned to manage that additional insured's insur- ance program, or "employees" assigned to give or receive notice of an "occur- rence", "personal and advertising injury" offense, claim or "suit": (2) To any obligation to share damages (1) Reports all, or any part, of the "per - with or repay someone else who sonal and advertising injury" to us or must pay damages because of the any other insurer, - injury. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 9 of 22 (2) Receives a written or verbal demand or claim for damages because of the "personal and advertising injury'; (3) First observes, or first observed, the offense that caused the "personal and advertising injury"; (4) Becomes aware, or become aware, by any means other than as de- scribed in (3) above, that the "per- sonal and advertising injury" offense had been committed or had begun to be committed; or (5) Becomes aware, or become aware, of a condition from which "personal and advertising injury" is substantially certain to occur. r. War "Personal and advertising injury", how- ever caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, in- cluding action in hindering or defend- ing against an actual or expected at- tack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. s. Distribution of Material in Violation of Statutes "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to vio- late: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. a. We will pay medical expenses as de- scribed below for "bodily injury" caused by an accident: (1) On promises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that (1) The accident takes place in the "cov- erage territory" and during the policy period; (2) The expenses are incurred and re- ported to us within three years of the date of the accident; and (3) The injured person submits to ex- amination, at our expense, by physi- cians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including pros- thetic devices; and (3) Necessary ambulance, hospital, pro- fessional nursing and funeral ser- vices. 2. Exclusions We will not pay expenses for "bodily inf ury": a. Any Insured To any insured, except "volunteer work- ers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury on Normally Occupied Premises To a person injured on that part of prem- ises you own or rent that the person nor- mally occupies. d. Workers' Compensation and Similar Laws COVERAGE C. MEDICAL PAYMENTS To a person, whether or not an "em- ployee" of any insured, if benefits for the 1. Insuring Agreement "bodily injury" are payable or must be pro- vided under a workers` compensation or disability benefits law or a similar law. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 10 of 22 e. Athletic Activities a. An individual, you and your spouse are insureds, but only with respect to the con - To any person injured while officiating, duct of a business of which you are the coaching, practicing for, instructing or sale owner. participating in any physical exercises or games, sports, or athletic contests or ex- b. A partnership or joint venture, you are an hibitions of an athletic or sports nature. insured. Your members, your partners, and their spouses are also insureds, but f. Products�om leted Operations Haz- p p only with respect to the conduct of your and business. Included within the "products -completed c. A limited liability company, you are an in - operations Lazard". sured. Your members are also insureds, g. Coverage A Exclusions but only with respect to the conduct of your business. Your managers are insur- Excluded under COVERAGE A. BODILY eds, but only with respect to their duties INJURY AND PROPERTY DAMAGE LI- as your managers. ABILITY. d. An organization other than a partnership, SUPPLEMENTARY PAYMENTS - COVERAGES joint venture or limited liability company, A AND B you are an insured. Your "executive offi- cers" and directors are insureds, but only We will pay, with respect to any claim we investi- with respect to their duties as your offi- gate or settle, or any "suit" against an insured we cers or directors. Your stockholders are defend: also insureds, but only with respect to 1. All expenses we incur. their liability as stockholders. 2. Up to $250 for cost of bail bonds required be- e. A trust, you are an insured. Your trustees cause of accidents or traffic law violations are also insureds, but only with respect to arising out of the use of any vehicle to which their duties as trustees. the Bodily Injury Liability Coverage applies. Z. Each of the following is also an insured: We do not have to furnish these bonds. a. Your "volunteer workers" only while per- 3. The cost of bonds to release attachments, but forming duties related to the conduct of only for bond amounts within the applicable your business, or your "employees", other limit of insurance. We do not have to furnish than either your "executive officers" (if these bonds. you are an organization other than a 4. All reasonable expenses incurred by the in- partnership, joint venture or limited liability sured at our request to assist us in the investi- company) or your managers (if you are a gation or defense of the claim or "suit", includ- limited liability company), but only for acts ing actual loss of earnings up to $250 a day within the scope of their employment by because of time off from work. you or while performing duties related to the conduct of your business. However, 5. All costs taxed against the insured in the none of these "employees" or "volunteer "suit". workers" are insureds for: 6. Prejudgment interest awarded against the in- (1) "Bodily injury" or "personal and ad- sured on that part of the judgment we become vertising injury": obligated to pay and which falls within the ap- plicable limit of insurance. If we make an offer (a) To you, to your partners or to pay the applicable limit of insurance, we will members (if you are a partner - not pay any prejudgment interest based on ship or joint venture), to your that period of time after the offer. members (if you are a limited li- ability company), to a co- 7. All interest on the full amount of any judgment "employee" while in the course that accrues after entry of the judgment and of his or her employment or per - before we have paid, offered to pay, or depos- forming duties related to the ited in court the part of the judgment that is conduct of your business, or to within the applicable limit of insurance_ your other "volunteer workers" while performing duties related These payments will not reduce the limits of insur- to the conduct of your business; ante. SECTION II -WHO IS AN INSURED (b) To the spouse, child, parent, brother or sister of that co- 1. If you are designated in the Declarations as: "employee" or 'Volunteer Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 11 of 22 worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her provid- ing or failing to provide profes- sional health care services. c. COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY does not apply to "personal and advertising injury" arising out of an offense committed be- fore you acquired or formed the organiza- tion. No person or organization is an insured with re- spect to the conduct of any current or past partner- ship, joint venture or limited liability company that is not shown as a Named Insured in the Declara- tions. (2) "Property damage" to property: SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara- (a) Owned, occupied or used by; or tions and the rules below fix the most we will (b) Rented to, in the care, custody pay regardless of the number of: or control of, or over which a. Insureds; physical control is being exer- cised for any purpose by, b. Claims made or "suits" brought; or you, any of your "employees", "volun- c. Persons or organizations making claims teer workers", any partner or member or bringing "sults". (if you are a partnership or joint ven- ture), or any member (if you are a 2. a. The General Aggregate Limit is the most limited liability company). we will pay for the sum of: b. Any person (other than your "employee" or "volunteer worker"), or any organiza- tion while acting as your real estate man- ager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that prop- erty; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organiza- tion. However: (1) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; (2) Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products -completed operations haz- ard"; and (3) Damages under COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY. This General Aggregate Limit will not ap- ply if either the Location General Aggre- gate Limit of Insurance, Paragraph 2.b., or the Construction Project General Ag- gregate Limit of Insurance, Paragraph 2.c. applies. b. A separate Location General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall apply to each location owned by, or rented or leased to you and is the most we will pay for the sum of: a. Insurance under this provision is afforded (1) Damages under COVERAGE A. only until the 90th day after you acquire or BODILY INJURY AND PROPERTY form the organization or the end of the DAMAGE LIABILITY, except dam - policy period, whichever is earlier; ages because of "bodily injury" or b. COVERAGE A. BODILY INJURY AND "property damage" included in the PROPERTY DAMAGE LIABILITY does "products -completed operations haz- ard ,and not apply to "bodily injury" or "property damage" that occurred before you ac- (2) Medical expenses under COVER. quired or formed the organization; and AGE C. MEDICAL PAYMENTS, Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 12 of 22 which can be attributed to operations at only a single location owned by, or rented or leased to you. c. A separate Construction Project General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall apply to each construction project and is the most we will pay for the sum of: 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY; and (1) Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- 6 ages because of "bodily injury" or "property damage" included in the "products -completed operations haz- ard"; and (2) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; which can be attributed only to ongoing operations and only at a single construc- tion project. d. Only for the purpose of determining which General Aggregate Limit of Insurance, 2.a., 2.b., or 2.c., applies: (1) Location means promises involving the same or connecting lots, or prem- ises, whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. (2) Construction project means a loca- tion you do not own, rent or lease where ongoing improvements, altera- tions, installation, demolition or main- tenance work is performed by you or on your behalf. All connected ongo- ing improvements, alterations, instal- lation, demolition or maintenance work performed by you or on your behalf at the same location for the same persons or organizations, no matter how often or under how many different contracts, will be deemed to be a single construction project. 3. The Products -Completed Operations Aggre- gate Limit is the most we will pay under COV- ERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury' and "property damage" included in the "products -completed opera- tions hazard". b. Medical expenses under COVERAGE C. MEDICAL PAYMENTS; because of all "bodily injury" and "property damage" arising out of anyone "occurrence". Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under COVER. AGE C. MEDICAL PAYMENTS for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part ap- ply separately to each "coverage term". SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties in the Event of Occurrence, Offense, Claim or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence" or a "personal and advertising injury" of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense. 4. Subject to 2.a. above, the Personal and Ad- b. if a claim is made or "suit" is brought vertising Injury Limit is the most we will pay against any insured, you must. - under COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY for the sum (1) Immediately record the specifics of of all damages because of all "personal and the claim or "suit' and the date re - advertising injury" sustained by any one per- ceived; and son or organization. (2) Notify us as soon as practicable. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 13 of 22 You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other involved insured must (1) Immediately send us copies of any demands, notices, summonses or le- gal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investiga- tion or settlement of the claim or de- fense against the "suit"; and b. The date this Coverage Part became ef- fective; and will be considered as included until the end of the current policy period. We will make no ad- ditional premium charge for this additional coverage during the interim. 5. Other Insurance If other valid and collectible insurance is avail- able to the insured for a loss we cover under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COV- ERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY of this Coverage Part, our obligations are limited as follows: (4) Assist us, upon our request, in the a enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any ex- pense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to re- cover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable un- der the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal repre- sentative. 4. Liberalization If, within 60 days prior to the beginning of this Coverage Part or during the policy period, we make any changes to any forms or endorse- ments of this Coverage Part for which there is currently no separate premium charge, and that change provides more coverage than this Coverage Part, the change will automatically apply to this Coverage Part as of the latter of a. The date we implemented the change in your state; or Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other in- surance by the method described in c. below. b. Excess Insurance This insurance is excess over: (1) Any of the other insurance, whether primary, excess, contingent or on any other basis: (a) That is Fire, Extended Cover- age, Builder's Risk, Installation Risk or similar insurance for 'your work' ; (b) That is Fire or Explosion insur- ance for premises rented to you or temporarily occupied by you with permission of the owner; (c) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tem- porarily occupied by you with permission of the owner; or (d) If the loss arises out of the main- tenance or use of aircraft, "autos" or watercraft to the ex- tent not subject to SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY, 2. Exclusions, g. Aircraft, Auto or Watercraft. (2) Any other primary insurance avail- able to the insured covering liability for damages arising out of the prem- ises or operations, or the products and completed operations, for which Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 14 of 22 C. the insured has been added as an additional insured by attachment of an endorsement. (3) Any other insurance: (a) Whether primary, excess, con- tingent or on any other basis, except when such insurance is written specifically to be excess over this insurance; and (b) That is a consolidated (wrap-up) insurance program which has been provided by the prime con- tractor/project manager or owner of the consolidated project in which you are involved. When this insurance is excess, we will have no duty under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suif'. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that ex- ceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not de- scribed in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Cover- age Part. Method of Sharing to the total applicable limits of insurance of all insurers. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the dose of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retro- spective premiums is the date shown as the due date on the bill. if: (1) The earned premium is less than the deposit premium, we will return the excess to the first Named Insured; or (2) The earned premium is greater than the deposit premium, the difference will be due and payable to us by the first Named Insured upon notice from US. c. The first Named Insured must keep re- cords of the information we need for pre- mium computation, and send us copies at such times as we may request. 7. Representations By accepting this Coverage Part, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon repre- sentations you made to us; and c. We have issued this Coverage Part in re- liance upon your representations. 8. Separation of Insureds If all of the other insurance permits con- tribution by equal shares, we will follow this method also. Under this approach 9. each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first_ If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named in- sured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. Transfer of Rights of Recovery Against Others to Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Offioe, Inc., with its permission. Page 15 of 22 10. Two or More Coverage Forms or Policies Issued by Us If this Coverage Part and any other Coverage Form or Coverage Part forming a part of this policy apply to the same "occurrence" or "per- sonal and advertising injury" offense, the ag- gregate maximum Limit of Insurance under all the Coverage Forms or Coverage Parts shall not exceed the highest applicable Limit of In- surance under any one Coverage Form or Coverage Part. This condition does not apply to any Coverage Form or Coverage Part is- sued by us specifically to apply as excess in- surance over this Coverage Part. publicly traded organization, your stockholders are also "authorized representatives". (5) A trust, your trustees are "authorized representatives". b. Your "employees": (1) Assigned to manage your insurance program; or (2) Responsible for giving or receiving notice of an "occurrence", "personal and advertising injury" offense, claim or "suit"; 11. When We Do Not Renew are also "authorized representatives". If we decide not to renew this Coverage Part, 3. "Auto" means: we will mail or deliver to the first Named In- sured shown in the declarations written notice a. A land motor vehicle, trailer or semitrailer of the nonrenewal not less than 30 days be- designed for travel on public roads, in - fore the expiration date. cluding any attached machinery or equipment; or If notice is mailed, proof of mailing will be suf- ficlent proof of notice. b. Any other land vehicle that is subject to a compulsory or financial responsibility law SECTION V o DEFINITIONS or other motor vehicle insurance law in the state where it is licensed or principally 1. "Advertisement" means a notice that is broad- garaged. cast, telecast or published to the general pub- lic or specific market segments about your However, "auto" does not include "mobile goods, products or services for the purpose of equipment". attracting customers or supporters. "Adver- tisement" includes a publicity article. For pur- 4. "Bodily injury" means bodily injury, sickness or poses of this definition: disease sustained by a person, including death resulting from any of these at any time. a. Notices that are published include mate- rial placed on the Internet or on similar 5. "Coverage term" means the following individ- electronic means of communication; and ual increment, or if a multi -year policy period, increments, of time, which comprise the policy b. Regarding web sites, only that part of a period of this Coverage Part - web -site that is about your goods, prod- ucts or services for the purposes of at- a. The year commencing on the Effective trading customers or supporters is con- Date of this Coverage Part at 12:01 AM sidered an "advertisement". standard time at your mailing address shown in the Declarations, and if a multi- 2. "Authorized representative" means: year policy period, each consecutive an- nual nual period thereafter, or portion thereof if . ]f you are designated in the Declarations any period is for a period of less than 12 as: months, constitute individual "coverage (1) An individual, you and your spouse terms". The last "coverage term" ends at are "authorized representatives". 12:00 AM standard time at your mailing address shown in the Declarations on the (2) A partnership or joint venture, your earlier of: members, your partners, and their spouses are "authorized represents- (1) The day the policy period shown in tives". the Declarations ends; or (3) A limited liability company, your (2) The day the policy to which this Cov- members and your managers are erage Part is attached is terminated "authorized representatives". or cancelled. (4) An organization other than a partner- b. However, if after the issuance of this Cov- ship, joint venture or limited liability erage Part, any "coverage term" is ex - company, your "executive officers" tended for an additional period of less and directors are "authorized repre- than 12 months, that additional period of sentatives". Provided you are not a Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 16 of 22 time will be deemed to be part of the last b. You have failed to fulfill the terms of a preceding "coverage term", contract or agreement; 6. "Coverage territory" means: if such property can be restored to use by: a. The United States of America (including a. The repair, replacement, adjustment or its territories and possessions), Puerto removal of "your product" or "your work"; Rico and Canada; or b. International waters or airspace, but only b. Your fulfilling the terms of the contract or if the injury or damage occurs in the agreement. course of travel or transportation between any places included in a. above; or 12. "Insured contract" means: c. All other parts of the world if the injury or a. A contract for a lease of premises. How - damage arises out of: ever, that portion of the contract for a lease of premises that indemnifies any (1) Goods or products made or sold by person or organization for "property dam - you in the territory described in a. age" by fire or explosion to premises above; while rented to you or temporarily occu- pied by you with permission of the owner 2 The activities of a person whose () p is not an "insured contract"; home is in the territory described in a. above, but is away for a short time b. A sidetrack agreement; on your business; or C. Any easement or license agreement, ex- (3) "Personal and advertising injury" of- cept in connection with construction or fenses that take place through the demolition operations on or within 50 feet Internet or similar electronic means of a railroad; of communication, d. An obligation, as required by ordinance, provided the insured's responsibility to to indemnify a municipality, except in con - pay damages is determined in a "suit" on nection with work for a municipality; the merits, in the territory described in a. above or in a settlement to which we e. An elevator maintenance agreement; agree. f. That part of any other contract or agree- 7. "Electronic data" means information, facts or ment pertaining to your business (includ- programs stored as or on, created or used on, ing an indemnification of a municipality in or transmitted to or from computer software, connection with work performed for a including systems and applications software, municipality) under which you assume the hard or floppy disks, CD-ROMs, tapes, drives, tort liability of another party to pay for cells, data processing devices or any other "bodily injury", "property damage" or "per - media which are used with electronically con- sonal and advertising injury" to a third trolled equipment. person or organization. Tort liability means a liability that would be imposed B. "Employee" includes a "leased worker". "Em- by law in the absence of any contract or ployed' does not include a "temporary agreement. worker". Paragraph f. does not include that part of 9. "Executive officer" means a person holding any contract or agreement: any of the officer positions created by your charter, constitution, by-laws or any other (1) That indemnifies a railroad for "bodily similar governing document. injury", "property damage" or "per- sonal and advertising injury" arising 10. "Hostile fire" means one which becomes un- out of construction or demolition op - controllable or breaks out from where it was erations, within 50 feet of any rail - intended to be. road property and affecting any rail- road bridge or trestle, tracks, road - 11. "Impaired property` means tangible property, beds, tunnel, underpass or crossing; other than "your product" or "your work", that cannot be used or is less useful because: (2) That indemnifies an architect, engi- neer or surveyor for injury or damage a. It incorporates "your product" or "your arising out of: work" that is known or thought to be de- fective, deficient, inadequate or danger- (a) Preparing, approving, or failing ous; or to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 17 of 22 change orders or drawings and der Internet services, including those specifications; or listed in Paragraph (6), above. (b) Giving directions or instructions, 13. "Leased worker" means a person leased to or failing to give them, if that is you by a labor leasing firm under an agree - the primary cause of the injury or ment between you and the labor leasing firm, damage; to perform duties related to the conduct of your business. "Leased worker" includes su- (3) Under which the insured, if an archi- pervisors furnished to you by the labor leasing tect, engineer or surveyor, assumes firm. "Leased worker" does not include a liability for an injury or damage aris- "temporary worker". ing out of the insured's rendering or failure to render professional ser- 14. "Loading or unloading" means the handling of vices, including those listed in Para- property: graph (2) above and supervisory, in- spection, architectural or engineering a. After it is moved from the place where it is activities; accepted for movement into or onto an aircraft, watercraft or "auto'; (4) That indemnifies an advertising, pub- lic relations or media consulting firm b. While it is in or on an aircraft, watercraft for "personal and advertising injury" or "auto"; or arising out of the planning, execution c. While it is being moved from an aircraft, or failure to execute marketing com- watercraft or "auto" to the place where it munications programs. Marketing is finally delivered; communications programs include but are not limited to comprehensive but "loading or unloading" does not include the marketing campaigns; consumer, movement of property by means of a me - trade and corporate advertising for all chanical device, other than a hand truck, that media; media planning, buying, is not attached to the aircraft, watercraft or monitoring and analysis; direct mail; "auto". promotion; sales materials; design; presentations; point -of -sale materi- 15. "Mobile equipment" means any of the follow- als; market research; public relations ing types of land vehicles, including any st- and new product development; tached machinery or equipment: (5} Under which the insured, if an adver- a. Bulldozers, farm machinery, forklifts and tising, public relations or media con- other vehicles designed for use principally suiting firm, assumes liabilityfor "per- off public roads; sonal and advertising injury" arising b. Vehicles maintained for use solely on or out of the insured's rendering or fail- next to premises you own or rent; ure to render professional services, including those services listed in c. Vehicles that travel on crawler treads; Paragraph (4), above; d. Vehicles, whether self-propelled or not, (6) That indemnifies a web -site designer maintained primarily to provide mobility to or content provider, or Internet permanently mounted: search, access, content or service provider for injury or damage arising (1) Power cranes, shovels, loaders, dig - out of the planning, execution or fail- gers or drills; or ure to execute Internet services. (2) Road construction or resurfacing Internet services include but are not equipment such as graders, scrapers limited to design, production, distribu- or rollers; tion, maintenance and administration of web -sites and web -banners; host- e. Vehicles not described in a., b., c. or d. ing web -sites; registering domain above that are not self-propelled and are names; registering with search en- maintained primarily to provide mobility to gines; marketing analysis; and pro- permanently attached equipment of the viding access to the Internet or other following types: similar networks; or (1) Air compressors, pumps and genera- (7) Under which the insured, if a web- tors, including spraying, welding, site designer or content provider, or building cleaning, geophysical explo- Internet search, access, content or ration, lighting and well servicing service provider, assumes liability for equipment; or injury or damage arising out of the insured's rendering or failure to ren- Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 18 of 22 (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not con- struction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and genera- tors, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment. However, "mobile equipment" does not in- clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehi- cle insurance law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private oc- cupancy of a room, dwelling or promises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or ser- vices; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 18. "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and petroleum by-products, and waste. Waste in- cludes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been com- pleted or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been com- pleted; or (b) When all of the work to be done at the job site has been com- pleted if your contract calls for work at more than one job site; or (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project_ Work that may need service, mainte- nance, correction, repair or replace- ment, but which is otherwise com- plete, will be treated as completed. b. Does not include "bodily injury" or "prop- erty damage" arising out of: (1) The transportation of property, un- less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or e. Oral or written publication, in any manner, of material that violates a person's right of (3) Products or operations for which the privacy; classification, listed in the Declara- tions or in a schedule, states that Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 19 of 22 products -completed operations are included. 20. "Property damage" means: a. Physical injury to tangible property, in- cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physi- cal injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which money damages because of "bodily injury", "property damage" or "personal and advertis- ing injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent; or c. An appeal of a civil proceeding. 22. 'Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Workplace" means that place and during such hours to which the "employee" sustaining "bodily injury" was assigned by you, or any other person or entity aging on your behalf, to work on the date of "occurrence". 25. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have ac- quired; and (2) Containers (other than vehicles), ma- terials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fit- ness, quality, durability, performance or use of "your product"; and (2) the providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment fur- nished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fit- ness, quality, durability, performance or use of "your work'; and (2) The providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 20 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an insured un- der this Coverage Part is also an in- sured under a nuclear energy liability policy issued by Nuclear Energy Li- ability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this Coverage Part not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, un- der any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to 'bodily injury' resulting from the "hazard- ous properties" of "nuclear material" and arising out of the operation of a "nuclear facility' by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties' of "nu- clear material", if. (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or oper- ated by or on behalf of, an insured, or (b) has been discharged or dis- persed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, proc- essed, stored, transported or dis- posed of, by or on behalf of an in- sured; or (3) The "bodily injury" or "property dam- age" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, mainte- nance, operation or use of any "nu- clear facility", but if such facility is lo- cated within the United States of America, its territories or posses- sions or Canada, this Exclusion (3) applies only to "property damage" to such "nuclear facllity' and any prop- erty thereat. 2. As used in this exclusion: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product mate- rial". "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear re- actor". "Waste" means any waste material (a) con- taining "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facil- ity'. "Nuclear facility" means: A. Any "nuclear reactor"; B. Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, proc- essing or packaging "waste"; C. Any equipment or device used for the processing, fabricating or alloying of "spe- cial nuclear material" if at any time the to- tal amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of ura- nium 235; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 21 of 22 D. Any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the fore- going is located, all operations conducted on such site and all premises used for such op- erations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radio- active contamination of property. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 22 of 22 THIS ENDORSEMENT CHANGES THE (POLICY. (PLEASE READ IT CAREFULLY. CiInciIllUse BUSINESS AUTO X +a (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, S. Transfer of Bights of Recovery Against Others to Us Is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TION'S, B. General Conditions, S. Other In- surance c. is replaced by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "Insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended to Include as an insured any person or organi- zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 11. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still In force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the Section II - Liability Coverage, A. Coverage, 1. Who is are Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, S. Other Insurance is amended by replac- ing Paragraph 5.b. with the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented byyour "employee" under a contract in that individual "em- ployee's" name, with your per- mission, while performing duties related to the conduct of your business. Includes copyrighted material of ISO AA 288 0116 Properties, Inc., with its permission. Page I of 4 However, any "auto" that Is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL. DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" Is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or C. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that Is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently In- stalled housing snit as described in Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION 11 - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "Insureds": 1. Any subsidiary which is a legally Incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "Insured" under any other au- tomobile liability policy, or would be an "insured" under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury„ or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization. c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an Insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Inability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION 11 - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION 11 - LIABILITY COVERAGE, B. Ex- ciusions, 5. Fellow Employee is modified as follows: Exclusion S. Fellow Employee is deleted. 1. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 0116 Properties, I nc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided It results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident' is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. J. Rental Reimbursement SECTION III - PHYSICAL, DAMAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for these expenses In- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" Is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment Is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION lilt - PHYSICAL DAMAGE COV ERAGE, E. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance Is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a, The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or 5. We will pay under this coverage only that amount of your rental reimbursement ex- (2) Actual cash value of the stolen penses which is not already provided for or damaged property. under SECTION III - PHYSICAL DAM- b. An adjustment for depreciation and AGE COVERAGE, A. Coverage, 4. physical condition will be made in de - Coverage Extensions. termining actual cash value at the time of "loss". Includes copyrighted material of ISO AA 298 01 116 Properties, Inc., with Its permission. Page 3 of 4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS - CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement - Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage ....................................................................................... 3 2. Unintentional Failure to Disclose Hazards .............................................................................. 9 3. Damage to Premises Rented to You ........................................................................................ 9 4. Supplementary Payments ...................................................................................................... 10 5. Medical Payments ................................................................................................................... 10 6. 180 Day Coverage for Newly Formed or Acquired organizations .....................................10 7. Waiver of Subrogation ....................................................... ..................................................... 11 8. Automatic Additional Insured - Specified Relationships: .................................................. 11 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Governmental Agency or Subdivision or Political Subdivision - Permits or Authorizations Relating to Premises; and • Mortgagee, Assignee or Receiver 9. Property Damage to Borrowed Equipment .......................................................................... 14 10. Employees as Insureds - Specified Health Care Services and Good Samaritan Services........................................................... ....................................................................... 15 11. Broadened Notice of Occurrence .......................................................................................... 15 12. Nonowned Aircraft .................................................................................................................. 15 13. Bodily Injury Redefined .......................................................................................................... 15 14. Expected or Intended injury Redefined ................................................................................ is 15, Former Employees as Insureds ............................................................................................ 15 16. Voluntary Property Damage Coverage and Care, Custody or Control Liability Coverage.................................................................................................................................. 16 17. Broadened Contractual Liability -Work Within 50'of Railroad Property .........................17 18. Alienated Premises ................................................................................................................. 17 B. Limits of insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $1,000,000 Aggregate Limit: $3,000,000 Deductible Amount: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail Bonds: $2,500 Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission- Page 1 of 17 b. Loss of Earnings: $ 500 5. Medical Payments Medical Expense Limit: $ 10,000 9. Property Damage to Borrowed Equipment Each Occurrence Limit: $10,000 Deductible Amount: $ 250 16. Voluntary Property Damage Coverage (Coverage a.) And Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance Coverage a. $1,000 Each Occurrence $5,000 Aggregate Coverage b. $5,000 Each Occurrence unless otherwise stated $ Deductible Amount (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a) Area (For Limits in Excess of (For Limits in Excess of (b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units (e) Other b. Care, Custody or $ Control TOTAL ANNUAL PREMIUM $ Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 2 of 17 C. Coverages this endorsement pro- vided you did not have 1. Employee Benefit Liability Coverage knowledge of a claim or a. The following is added to Section I - "suit" on or before the Coverages: "first effective date" of this endorsement. Employee Benefit Liability Cover- You will be deemed to age have knowledge of a (1) Insuring Agreement claim or "suit" when any "authorized representa- (a) We will pay those sums that tive"; the insured becomes legally obligated to pay as damag- a) Reports all, or any es caused by any act, error part, of the act, er- or omission of the insured, ror or omission to or of any other person for us or any other in - whose acts the insured is surer; legally liable, to which this insurance applies. We will b) Receives a written have the right and duty to or verbal demand defend the insured against or claim for dam - any "suit" seeming those ages because of damages. However, we will the act, error or have no duty to defend omission. against any "suit" seeking (2) Exclusions damages to which this in- surance does not apply. We This insurance does not apply to: may, at our discretion, in- vestigate any report of an (a) Bodily Injury, Property act, error or omission and Damage or Personal and settle any claim or "suit" that Advertising Injury may result. But: "Bodily injury", "property 1) The amount we will pay damage" or "personal and for damages is limited advertising injury'. as described in Section (b) Dishonest, Fraudulent, III III - Limits of Insur- Criminal or Malicious Act and Damages arising out of any 2) Our right and duty to g Y intentional, dishonest, defend ends when we fraudulent, criminal or mali- have used up the appli- cious act, error or omission, cable limit of insurance committed by any insured, in the payment of judg- including the willful or reck- ments or settlements. less violation of any statute. No other obligation or liabil- (c) Failure to Perform a Con- ity to pay sums or perform tract acts or services is covered unless explicitly provided for Damages arising out of fail - under Supplementary ure of performance of con - Payments. tract by any insurer. (b) This insurance applies to (d) Insufficiency of Funds damages only if the act, er- ror or omission, is negligent- Damages arising out of an ly committed in the "admin- insufficiency of funds to istration" of your "employee meet any obligations under benefit program'; and any plan included in the "employee benefit program". 1) Occurs during the policy period; or 2) Occurred prior to the "first effective date" of Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 3 of 17 GA 233 TX 09 17 (e) Inadequacy of Perfor- 0) Employment -Related Prac- mance of Invest- tices ment/Advice Given With Respect to Participation Any liability arising out of any: Any claim based upon: (1) Refusal to employ; 1) Failure of any invest- ment to perform; (2) Termination of employ- ment; 2) Errors in providing in- formation on past per- (3) Coercion, demotion, formance of investment evaluation, reassign - vehicles; or ment, discipline, defa- mation, harassment, 3) Advice given to any humiliation, discrimina- person with respect to tion or other employ - that person's decision to ment - related practices, participate or not to par- acts or omissions; or ticipate in any plan in- cluded in the "employee (4) Consequential liability benefit program". as of (1), (2) or abovelt (f) Workers' Compensation This exclusion applies and Similar Laws whether the insured may be Any claim arising out of your held liable as an employer failure to comply with the or in any other capacity and mandatory provisions of any to any obligation to share workers' compensation, un- damages with or repay employment compensation someone else who must pay insurance, social security or damages because of the in - disability benefits law or any jury. similar law. (3) Supplementary Payments (g) ERISA Section I - Coverages, Sup - Damages for which any in- plementary Payments - Cover- sured is liable because of li- ages A and B also apply to this ability imposed on a fiduci- Coverage. ary by the Employee Re- tirement Income Security b. Who Is An Insured Act of 1974, as now or As respects Employee Benefit Lia- hereafter amended, or by bility Coverage, Section ll - Who is any similar federal, state or an Insured is replaced by the follow - local laws. ing: (h) Available Benefits (1) If you are designated in the Dec - Any claim for benefits to the larations as: extent that such benefits are (a) An individual, you and your available, with reasonable spouse are insureds, but on - effort and cooperation of the ly with respect to the con - insured, from the applicable duct of a business of which funds accrued or other co!- you are the sole owner. lectible insurance. (b) A partnership or joint ven- (i) Taxes, Fines or Penalties ture, you are an insured. Taxes, fines or penalties, in- Your members, your part- cluding those imposed un- ners, and their spouses are der the Internal Revenue also insureds but only with Code or any similar state or respect to the conduct of local law. your business. (c) A limited liability company, you are an insured. Your Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 17 members are also insureds, the end of the policy period, but only with respect to the whichever is earlier; and conduct of your business. Your in- (b) Does not apply to any act, managers are sureds, but only with respect error or omission that was to their duties as your man- committed before you ac- agers. quired or formed the organi- zation. (d) An organization other than a partnership, joint venture or c. Limits of Insurance limited liability company, you As respects Employee Benefit Lia- are an insured. Your "execu- bility Coverage, Section III - Limits tive officers" and directors of insurance is replaced by the fol- are insureds, but only with lowing: respect to their duties as your officers or directors. (1) The Limits of Insurance shown in Your stockholders are also Section B. Limits of Insurance, insureds, but only with re- 1. Employee Benefit Liability spect to their liability as Coverage and the rules below fix stockholders. the most we will pay regardless of the number of: (e) A trust, you are an insured. Your trustees are also in- (a) Insureds; sureds, but only with respect to their duties as trustees. (b) Claims made or "suits" brought; (2) Each of the following is also an insured: (c) Persons or organizations making claims or bringing (a) Each of your "employees" "suits"; who is or was authorized to administer your "employee (d) Acts, errors or omissions; or benefit program"; (e) Benefits included in your (b) Any persons, organizations "employee benefit program". or "employees" having prop- (2) The Aggregate Limit shown in er temporary authorization Section B. Limits of Insurance, to administer your "employ- 1. Employee Benefit Liability ee benefit program if you Coverage of this endorsement is die, but only until your legal the most we will pay for all dam - representative is appointed; ages because of acts, errors or or omissions negligently committed (c) Your legal representative if in the "administration" of your you die, but only with re- "employee benefit program". spect to duties as such. That (3) Subject to the limit described in representative will have all (2) above, the Each Employee your rights and duties under Limit shown in Section B. Limits this Coverage Part. of Insurance, 1. Employee (3) Any organization you newly ac- Benefit Liability Coverage of quire or form, other than a part- this endorsement is the most we nership, joint venture or limited will pay for all damages sus - liability company, and over which tained by any one "employee", you maintain ownership or major- including damages sustained by ity interest, will qualify as a such "employee's" dependents Named Insured if no other similar and beneficiaries, as a result of: insurance applies to that organi- (a) An act, error or omission; or zation. However, coverage under this provision: (b) A series of related acts, er- (a) Is afforded only until the rors or omissions, regard- less of the amount of time 180th day after you acquire that lapses between such or form the organization or acts, errors or omissions; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 5 of 17 negligently committed in the d. Additional Conditions "administration" of your "employ- ee benefit program". As respects Employee Benefit Lia- bility Coverage, Section IV - Com- However, the amount paid under mercial General Liability Condi- this endorsement shall not ex- tions is amended as follows: teed, and will be subject to the limits and restrictions that apply (1) Item 2. Duties in the Event of to the payment of benefits in any Occurrence, Offense, Claim or plan included in the "employee Suit is replaced by the following: benefit program." 2. Duties in the Event of An (4) Deductible Amount Act, Error or Omission, or Claim or Suit (a) Our obligation to pay dam- ages on behalf of the in- a. You must see to it that sured applies only to the we are notified as soon amount of damages in ex- as practicable of an act, cess of the Deductible error or omission which Amount stated in the Decla- may result in a claim. rations as applicable to To the extent possible, Each Employee. The limits notice should include: of insurance shall not be re- (1) What the act, error duced by the amount of this or omission was deductible. and when it oc- (b) The Deductible Amount curred; and stated in the Declarations (2) The names and applies to all damages sus- addresses of any- tained by any one "employ- one who may suf- ee", including such "employ- fer damages as a ee's" dependents and bene- result of the act, ficiaries, because of all acts, error or omission. errors or omissions to which this insurance applies. b. If a claim is made or "suit" is brought against {c} The terms of this insurance, any insured, you must: including those with respect to: (1) Immediately record the specifics of the 1) Our right and duty to claim or "suit" and defend the insured the date received; against any "suits" and seeking those damag- es; and (2) Notify us as soon as practicable. 2) Your duties, and the du- ties of any other in- You must see to it that volved insured, in the we receive written no - event of an act, error or tice of the claim or "suit" omission, or claim; as soon as practicable. apply irrespective of the ap- c. You and any other in- plication of the Deductible volved insured must: Amount. (1) Immediately send (d) We may pay any part or all us copies of any of the Deductible Amount to demands, notices, effect settlement of any summonses or le - claim or "suit" and, upon no- gal papers re- tification of the action taken, ceived in connec- you shall promptly reim- tion with the claim burse us for such part of the or "suit"; Deductible Amount as we have paid. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 6 of 17 (2) Authorize us to ob- contributes equal tain records and amounts until it has other information; paid its applicable limit of insurance or none of (3) Cooperate with us the loss remains, in the investigation ation whichever comes first. or settlement of the claim or defense If any of the other in - against the "suit"; surance does not permit and contribution by equal shares, we will contrib- ( 4) Assist us, upon our ute by limits. Under this request, in the en- method, each insurer's forcement of any share is based on the right against any ratio of its applicable person or organi- limit of insurance to the zation which may total applicable limits of be liable to the in- insurance of all insur- sured because of ers. an act, error or omission to which c. Excess Insurance this insurance may also apply. This insurance is ex- cess over any of the d. No insured will, except other insurance, wheth- at that insured's own er primary, excess, con - cost, voluntarily make a tingent or on any other payment, assume any basis that is insurance obligation, or incur any purchased by you to expense without our coverage damages for consent. acts, errors or omis- sions that occurred prior (2) Item 5. Other Insurance is re- to the 'first effective placed by the following: date". 5. Other Insurance e. Additional Definitions If other valid and collectible As respects Employee Benefit Lia- insurance is available to the bility Coverage, Section V - Defini- insured for a loss we cover tions is amended as follows: under this Coverage Part, our obligations are limited as (1) The following definitions are follows: added: a. Primary Insurance 1. "Administration" means: This insurance is prima- a. Providing information to ry except when c. below "employees", including applies. If this insurance their dependents and is primary, our obliga- beneficiaries, with re- tions are not affected spect to eligibility for or unless any of the other scope of "employee insurance is also prima- benefit programs'; ry. Then, we will share with all that other insur- b. Interpreting the "em- ance by the method de- ployee benefit pro- scribed in b. below. grams"; b. Method of Sharing c. Handling records in connection with the If all of the other insur- "employee benefit pro- ance permits contribu- grams"; or tion by equal shares, we will follow this meth- d. Effecting, continuing or od also. Under this ap- terminating any "em- proach each insurer ployee's" participation in Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 7 of 17 GA 233 TX 09 17 any benefit included in c. Unemployment insur- the "employee benefit ance, social security program". benefits, workers' com- and disability pensationHowever, "administration" benefits; and does not include: d. Vacation plans, includ- a. Handling payroll deduct ing buy and sell pro- tions; or grams; leave of ab- b. The failure to effect or sence programs, includ- maintain any insurance ing military, maternity, or adequate limits of family, and civil leave; coverage of insurance, tuition assistance plans; including but not limited transportation and to unemployment insur- health club subsidies. ante, social security 4. "First effective date" means benefits, workers' com- the date upon which cover- pensation and disability age was first effected in a benefits. series of uninterrupted re- 2. "Cafeteria plans" means newals of insurance cover - plans authorized by applica- age. ble law to allow "employees" (2) The following definitions are de - to elect to pay for certain leted in their entirety and re - benefits with pre-tax dollars. placed by the following: 3. "Employee benefit pro- g. "Employee" means a person grams" means a program actively employed, formerly providing some of all of the employed, on leave of ab- following benefits to "em- sence or disabled, or retired. ployees", whether provided "Employee" includes a through a "cafeteria plan" or "leased worker". "Employee" otherwise: does not include a "tempo - a. Group life insurance; rary worker". group accident or health 21. "Suit" means a civil proceed - insurance; dental, vision ing in which money damag- and hearing plans; and es because of an act, error flexible spending ac- or omission to which this in - counts; provided that no surance applies are alleged. one other than an "em- "Suit" includes: ployee" may subscribe to such benefits and a. An arbitration proceed - such benefits are made ing in which such dam - generally available to ages are claimed and to those "employees" who which the insured must satisfy the plan's eligibil- submit or does submit ity requirements; with our consent; b. Profit sharing plans, b. Any other alternative employee savings dispute resolution pro - plans, employee stock ceeding in which such ownership plans, pen- damages are claimed sion plans and stock and to which the in - subscription plans, pro- sured submits with our vided that no one other consent; or than an "employee" may subscribe to such c. An appeal of a civil pro - benefits and such bene- ceeding. fits are made generally available to all "employ- ees" who are eligible under the plan for such benefits; Includes copyrighted material of insurance Services Office, Inc., with its permission. Page 8 of 17 2. Unintentional Failure to Disclose Haz- 2) Rust or other cor- ards rosion, decay, de - hidden Section IV - Commercial General Liabil- or laation, latent defect it Conditions, 7. Representations is Y p a any quality in n amended by the addition of the following: property that caus- Based on our dependence upon your rep- es it to damage or resentations as to existing hazards, if un- destroy itself; intentionally you should fail to disclose all 3) Smog; such hazards at the inception date of your policy, we will not reject coverage under 4) Mechanical break - this Coverage Part based solely on such down, including failure. rupture or bursting caused by centrif- 3. Damage to Premises Rented to You ugal force; a. The last Paragraph of 2. Exclusions 5) Settling, cracking, under Section I - Coverage A - Bod- shrinking or ex- ily Injury and Property Damage Li- pansion; ability is replaced by the following: 6) Nesting or festa- Exclusions c. through q, do not apply Lion, discharge chargee to "property damage" by fire, explo- or release of waste sion, lightning, smoke or soot to products or secre- premises while rented to you or tem- insects, oraril occupied b you with ermis- p y p y y p birds, rodents birds, rodents or sion of the owner, for which the other animals; or amount we will pay is limited to the Damage to Premises Rented to 7) Presence, growth, You Limit as described in Section III proliferation, - Limits of Insurance. spread or any ac- fungus, in- tivityb. b. The insurance provided under Sec- ud g eluding mold or I - Coverage A - Bodily Injury 9 Y J �'Y mildew, and any and Property Damage Liability ap- mycotoxins, plies to "property damage" arising out spores, scents or of water damage to premises that are byproducts pro - both rented to and occupied by you. duced or released (1) As respects Water Damage Le- by fungi. gal Liability, as provided in Para- (b) 'Property damage" caused graph 3.b. above: directly or indirectly by any The exclusions under Section I - of the following: Coverage A - Bodily Injury and (1) Earthquake, volcanic Property Damage Liability, 2. eruption, landslide or Exclusions, other than L War any other earth move - and the Nuclear Energy Liabil- ment; ity Exclusion (Broad Form), are deleted and the following are (11) Water that backs up or added: overflows or is other- wise discharged from a This insurance does not apply to: sewer, drain, sump, (a) "Property damage": sump pump or related equipment; (1) Assumed in any con- tract or agreement; or (Ill) Water under the ground surface pressing on, or (11) Caused by or resulting flowing or seeping from any of the follow- through: ing: 1) Foundations, walls, 1) Wear and tear; floors or paved surfaces; Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 9 of 17 2) Basements, whether paved or not; or 3) Doors, windows or other openings. (c) 'Property damage" caused by or resulting from water that leaks or flows from plumbing, heating, air condi- tioning, fire protection sys- tems, or other equipment, caused by or resulting from freezing, unless: (i) You did your best to maintain heat in the building or structure; or (ii) You drained the equip- ment and shut off the water supply if the heat was not maintained. (d) 'Property damage" to: (1) Plumbing, heating, air conditioning, fire protec- tion systems, or other equipment or applianc- es; or (ii) The interior of any building or structure, or to personal property in the building or structure, caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance With respect to the insurance afford- ed in Paragraphs 3.a. and 3.b. above, the Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (1) Paragraph 6. of Section III - Limits of Insurance is replaced by the following: 6. Subject to Paragraph S. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A - Bodily Injury and Property Dam- age Liability for damages because of "property dam- age" to any one premises: a. While rented to you, or temporarily occupied by you with permission of the owner; b. In the case of damage by fire, explosion, light- ning, smoke or soot, while rented to you; or c. In the case of damage by water, while rented to and occupied by you. (2) The most we will pay is limited as described in Section B. Limits of Insurance, 3. Damage to Prem- ises Rented to You of this en- dorsement. 4. Supplementary Payments Under Section I - Supplementary Pay- ments - Coverages A and B: a. Paragraph 2, is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4, is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to the limit shown in Sec- tion B. Limits of Insurance, 4.b. Loss Of Earnings of this endorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. 180 Day Coverage for Newly Formed or Acquired Organizations Section II - Who is an Insured is amended as follows: Subparagraph a. of Paragraph 3. is re- placed by the following: Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 10 of 17 a. Insurance under this provision is af- ance, but only with respect forded only until the 180th day after to liability arising out of the you acquire or form the organization ownership, maintenance or or the end of the policy period, use of that part of the prem- whichever is earlier; ises leased to you, subject to the following additional 7. Waiver of Subrogation exclusions: Section IV - Commercial General Liabil- This insurance does not ap- ity Conditions, 9. Transfer of Rights of ply to: Recovery Against Others to us is amended by the addition of the following: (i) Any "occurrence" which We waive any right of recovery we may takes place after you cease to be a tenant in have against any person or organization that premises; against whom you have agreed to waive such right of recovery in a written contract (ii) Structural alterations, or agreement because of payments we new construction or make for injury or damage arising out of demolition operations your ongoing operations or "your work" performed by or on be - done under a written contract or agree- half of such additional ment with that person or organization and insured. included in the "products -completed oper- ations hazard". However, our rights may (b) Lessor of Leased Equip - only be waived prior to the "occurrence" ment giving rise to the injury or damage for Any person or organization which we make payment under this Cov- from whom you lease erage Part. The insured must do nothing equipment when you and after a loss to impair our rights. At our re- such person(s) or organiza- quest, the insured will bring "suit" or trans- tion(s) have agreed per Par- fer those rights to us and help us enforce agraph 8.a.(1) of this en - those rights. dorsement to provide insur- 8. Automatic Additional! Insured - Speci- ance. Such person(s) or or- fied Relationships ganization(s) are insureds only with respect to liability a. The following is added to Section it - for "bodily injury", "property Who is an Insured: damage" or "personal and advertising injury" caused, in (1) Any person(s) or organization(s) whole or in part, your rah 8.a.(2) of described in Paragraph p maintenance, tor this endorsement (hereinafter re- .operation use of equipment leased to ferred to as additional insured) you by such person(s) or or - whom you are required to add as ganization(s). A person's or an additional insured under this organization's status as an Coverage Part by reason of a additional insured under this written contract, written agree- endorsement ends when ment, written permit or written their contract or agreement authorization. with you for such leased (2) Only the following persons or or- equipment ends. However, ganizations are additional in- this insurance does not ap- sureds under this endorsement, ply to any "occurrence" and insurance coverage provided which takes place after the to such additional insureds is lim- equipment lease expires. ited as provided herein: (c) Vendors (a) Managers or Lessors of Any person or organization Premises (referred to below as ven- The manager or lessor of a dor) with whom you have premises leased to you with agreed per Paragraph whom you have agreed per 8.a.(1) of this endorsement Paragraph 8.a.(1) of this en- to provide insurance, but en- dorsement to provide insur- ly with respect to "bodily in- jury" or "property damage" Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 11 of 17 arising out of "your products" or sale of the which are distributed or sold products; in the regular course of the vendor's business, subject 6) Demonstration, in- to the following additional stallation, servicing exclusions: or repair opera- tions, except such (i) The insurance afforded operations per - the vendor does not formed at the ven- apply to: dor's premises in connection with the 1) "Bodily injury" or sale of the product; "property damage" for which the ven- 7) Products which, af- dor is obligated to ter distribution or pay damages by sale by you, have reason of the as- been labeled or re- sumption of liability labeled or used as in a contract or a container, part or agreement. This ingredient of any exclusion does not other thing or sub - apply to liability for stance by or forth e damages that the vendor; or vendor would have in the absence of 6) "Bodily injury" or the contract or "property damage" agreement; arising out of the sole negligence of 2) Any express war- the vendor for its ranty unauthorized own acts or omis- by you; sions or those of its employees or 3) Any physical or anyone else acting chemical change a in on its behalf. How - the product made ever, this exclusion intentionally by the does not apply to: vendor; 4 Repackaging,a) ex- The excep- tions contained cept when un- in Paragraphs packed solely for (c) (i) 4) or 6) the purpose of in- of this en- spection, demon- dorsement; or stration, testing, or the substitution of b) Such inspec- parts under in- tions, adjust- structions from the ments, tests or manufacturer, and servicing as then repackaged in the vendor has the original con- agreed to tainer; make or nor- under- mally5) An failure to make Y takes to make such inspections, in the usual adjustments, tests course of or servicing as the business, in vendor has agreed connection to make or normal- with the distri- ly undertakes to bution or sale make in the usual of the prod - course of busi- ucts. ness, in connection with the distribution Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 12 of 17 GA 233 TX 09 17 (ii) This insurance does not (III) The ownership, mainte- apply to any insured nance or use of any el - person or organization: evators covered by this 1) From whom you insurance. have acquired (e) Mortgagee, Assignee or such products, or Receiver any ingredient, part or container, enter- Any person or organization ing into, accompa- with whom you have agreed nying or containing per Paragraph 8.a.(1) of this such products; or endorsement to provide in- surance, but only with re- 2) When liability in- spect to their liability as cluded within the mortgagee, assignee, or re- "products- ceiver and arising out of the completed opera- ownership, maintenance, or tions hazard" has use of the premises by you. been excluded un- However, this insurance der this Coverage does not apply to structural Part with respect to alterations, new construction such products. and demolition operations performed by or for that per- (d) State or Governmental son or organization. Agency or Subdivision or Political Subdivision - (3) The insurance afforded to addi- Permits or Authorizations tional insureds described in Par - Relating to Premises agraph 8.a.(1) of this endorse - Any state or governmental ment: agency or subdivision or po- (a) Only applies to the extent litical subdivision with which permitted by law; and you have agreed per Para- graph 8.a.(1) of this en- (b) Will not be broader than that dorsement to provide insuy- which you are required by ante, subject to the follow the written contract, written ing additional provision: agreement, written permit or written authorization to pro - This insurance applies only vide for such additional in - with respect to the following sured; and hazards for which the state or governmental agency or (c) Does not apply to any per - subdivision or political sub- son, organization, vendor, division has issued a permit state, governmental agency or authorization in connec- or subdivision or political tion with premises you own, subdivision, specifically rent or control and to which named as an additional in - this insurance applies: sured under any other provi- sion of, or endorsement (i) The existence, mainte- added to, this Coverage nance, repair, construc- Part, provided such other tion, erection or removal provision or endorsement of advertising signs, covers the injury or damage awnings, canopies, cel- for which this insurance ap- lar entrances, coal plies. holes, driveways, man- holes, marquees, hoist b. With respect to the insurance afford - away openings, side- ed to the additional insureds de - walk vaults, street ban- scribed in Paragraph 8.a.(1) of this ners or decorations and endorsement, the following is added similar exposures; or to Section III - Limits of Insurance: (ii) The construction, erec- The most we will pay on behalf of the tion or removal of eleva- additional insured is the amount of in - tors; or surance: Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 17 (1) Required by the written contract, 9. Property Damage to Borrowed Equip - written agreement, written permit ment or written authorization described in Paragraph 8.a.(1) of this en- a. The following is added to Exclusion dorsement; or 2.j. Damage to Property under Sec- tion I - Coverage A - Bodily Injury (2) Available under the applicable and Property Damage Liability: Limits of Insurance shown in the Declarations; Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip - whichever is less. ment loaned to you, provided they are not being used to perform operations This endorsement shall not increase T at the time of loss. the applicable Limits of Insurance shown in the Declarations. b. With respect to the insurance provid- ed by this section of the endorse- c. Section IV - Commercial General ment, the following additional provi- Liability Conditions is amended to sions apply: include the following: (1) The Limits of Insurance shown in Automatic Additional Insured Pro- the Declarations are replaced by vision the limits designated in Section This insurance applies only if the B. Limits of Insurance, 9. "bodily injury" or "property damage" Property Damage to Borrowed occurs, or the "personal and advertis- Equipment of this endorsement ing injury" offense is committed: with respect to coverage provid- ed by this endorsement. These (1) During the policy period; and limits are inclusive of and not in addition to the limits being re - (2) Subsequent to your execution of placed. The Limits of Insurance the written contract or written shown in Section B. Limits of agreement, or the issuance of a Insurance, 9. Property Damage written permit or written authori- to Borrowed Equipment of this zation, described in Paragraph endorsement fix the most we will 8.a•(1)• pay in any one "occurrence" re- d. Section IV - Commercial General gardless of the number of: Liability Conditions is amended as (a) Insureds; follows: (b) Claims made or "suits" Condition 5. Other Insurance is brought; or amended to include: (c) Persons or organizations Primary and Noncontributory In- making claims or bringing surance "suits". This insurance is primary to and will (2) Deductible Clause not seek contribution from any other insurance available to an additional (a) Our obligation to pay dam - insured per Paragraph 8.a.(1) of this ages on your behalf applies endorsement provided that: only to the amount of dam- ages for each "occurrence" (1) The additional insured is a which are in excess of the Named Insured under such other Deductible Amount stated in insurance; and Section B. Limits of Insur- (2) You have agreed in writing in a ante, 9. Property Damage contract, agreement, permit or to Borrowed Equipment of authorization described in 8.a.(2) this endorsement. The limits of this endorsement that this in- of insurance will not be re- surance would be primary and duced by the application of would not seek contribution from such deductible amount. any other insurance available to (b) Section IV - Commercial the additional insured. General Liability Condi- tions, 2. Duties in the Event of Occurrence, of - Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 14 of 17 fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 10. Employees as Insureds - Specified Health Care Services and Good Samar- itan Services Paragraph 2.a.(1)(d) under Section II - Who is an Insured does not apply to: a. Your "employees" who provide pro- fessional health care services on your behalf as a duly licensed nurse, emergency medical technician or paramedic in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place; or b. Your "employees" or "volunteer work- ers", other than an employed or vol- unteer doctor, providing first aid or good samaritan services during their work hours for you will be deemed to be acting within the scope of their employment by you or performing du- ties related to the conduct of your business. 11. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit under Section IV - Commercial General Liability Conditions is replaced by the following: a. You must see to it that we are notified as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, no- tice should include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". 12. Nonowned Aircraft The following is added to Exclusion 2.g. Aircraft, Auto or Watercraft under Sec- tion I - Coverage A - Bodily Injury and Property Damage Liability: This exclusion does not apply to an air- craft you do not own, provided that: a. The pilot in command holds a current effective certificate, issued by a duly constituted authority of the United States of America or Canada, desig- nating that person as a commercial or airline transport pilot; b. The aircraft is rented with a trained, paid crew; and c. The aircraft does not transport per- sons or cargo for a charge. 13. Bodily Injury Redefined Section V - Definitions, 4. "Bodily injury" is replaced by the following: 4. 'Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, shock, fright, mental an- guish or mental injury, including care, loss of services or death resulting from any of these at any time. 14. Expected or Intended Injury Redefined The last sentence of Exclusion 2.a. Ex- pected or Intended Injury under Section I - Coverage A - Bodily Injury and Property Damage Liability is replaced by the following: This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect per- sons or property. 15. Former Employees as Insureds The following is added to Paragraph 2. under Section II - Who is an Insured: 2. Each of the following is also an in- sured: Any of your former "employees", di- rectors, managers, members, part- ners or "executive officers", including but not limited to retired, disabled or those on leave of absence, but only for acts within the scope of their em- ployment by you or for duties related to the conduct of your business. Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 15 of 17 16. Voluntary Property Damage Coverage (2) Exclusions a. Coverage D - Voluntary Property This insurance does not apply to Damage Coverage "property damage" that would be excluded by Coverage A - Bodi- es is amended to Section I - Coverages ly Injury and Property Damage include the following: Liability, 2. Exclusions, except (1) Insuring Agreement for j. Damage to Property, par- agraphs (3), (4), (5) and (6), k. (a) We will pay the cost to re- Damage to Your Product, and 1. pair or replace "property Damage to Your Work. damage" to property of oth- ers arising out of operations (3) Definitions incidental to your business For purposes of Voluntary when. Property Damage Coverage 1) Damage is caused by only, the following definitions un- you; or der Section V - Definitions are replaced by the following: 2) Damage occurs while in your possession. 16. "Occurrence" means an in- cident, including continuous At your written request, we or repeated exposure to will make this payment re- substantially the same gen- gardless of whether you are eral harmful conditions that at fault for the "property result in "property damage". damage". 20. "Property damage" means If you, at our request, re- physical injury to tangible place, or make any repairs property. "Electronic data" is to, damaged property of not tangible property, and others, the amount we will "property damage" does not pay under Voluntary Prop- include disappearance, ab- erty Damage Coverage will straction or theft. be determined by your actu- al cost to replace or repair b. Care, Custody or Control Liability the damaged property, ex- Coverage cluding any profit or over- For purposes of the coverage provid- head. ed by Care, Custody or Control Li - Any payment we make un- ability Coverage in this endorsement der Voluntary Property only: Damage Coverage shall not (1) Section I - Coverage A - Bodily be interpreted as an admis- Injury and Property Damage sion of liability by you or by Liability, 2. Exclusions, j. us. Damage to Property, Subpara- It shall be your duty, not our graphs (3), (4) and (5) do not ap- duty, to defend any claim or ply to "property damage" to the "suit" to which this insurance property of others described applies. therein. No other obligation or liabil- (2) It shall be your duty, not our duty, ity to pay sums or perform to defend any claim or "suit" to acts or services is covered. which this insurance applies. (b) This insurance applies to No other obligation or liability to "property damage" only if: pay sums or perform acts or ser- vices is covered. 1) The "property damage" takes place in the "cov- This Paragraph (2) supersedes erage territory"; and any provision in the Coverage Part to the contrary. 2) The "property damage" occurs during the policy (3) "Property damage" for which period. Care, Custody or Control Lia- Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 16 of 17 bility Coverage provides cover- (3) The Voluntary Property Dam- age shall be deemed to be age Coverage, Aggregate Limit caused by an "occurrence" but of Insurance is the most we will shall not serve to limit or restrict pay for the sum of all damages the applicability of any exclusion under Voluntary Property for "property damage" under this Damage Coverage. This limit Coverage Part. applies separately to each "cov- erage term". c. Limits of Insurance and Deducti- bles (4) Deductible Clause For purposes of the coverage provid- (a) Our obligation to pay dam- ed by Voluntary Property Damage ages on your behalf applies Coverage and Care, Custody or only to the amount of dam - Control Liability Coverage, Section ages for each "occurrence" III - Limits of Insurance is amended which are in excess of the to include the following: Deductible Amount stated for the applicable coverage (1) The Limits of Insurance shown in in the Schedule. The limits the Declarations are replaced by of insurance will not be re - the limits designated in Section duced by the application of B. Limits of Insurance, 16. such Deductible Amount. Voluntary Property Damage Coverage and Care, Custody (b) Section IV - Commercial or Control Liability Coverage, General Liability Condi- in this endorsement. These limits tions, 2. Duties in the are inclusive of, and not in addi- Event of Occurrence, of- tion to, the limits being replaced. fense, Claim or Suit, ap- The Limits of Insurance shown in plies to each claim or "suit" the Schedule fix the most we will irrespective of the amount. pay regardless of the number of: (c) We may pay any part or all (a) Insureds; of the Deductible Amount to (b) Claims made or "suits" effect settlement of any claim or suit" and, upon no - brought; or tification of the action taken, (c) Persons or organizations you shall promptly reim- making claims or bringing burse us for such part of the "suits". Deductible Amount as has been paid by us. (2) (a) Subject to (3) below, the Voluntary Property Dam- 1.7. Broadened Contractual Liability - Work age Coverage, Each Occur- Within 50' of Railroad Property rence Limit Of Insurance is Section V - Definitions, 12. "Insured con - the most we will pay for the tract" is amended as follows: sum of damages under Vol- untary Property Damage a. Paragraph c. is replaced by the fol- Coverage; lowing: (b) The Care, Custody or Con- c. Any easement or license agree- trol Liability Coverage, ment; Each Occurrence Limit Of Insurance is the most we will b. Paragraph f.(1) is deleted in its entire - pay for the sum of damages ty. under Care, Custody or 18, Alienated Premises Control Liability Coverage; because of all "property damage" Exclusion 2 j. Damage to Property, Paragraph 2 under Section I - Cover. arising out of any one "occur- age A - Bodily Injury and Property rence". Damage Liability does not apply if the premises are "your work". Includes copyrighted material of Insurance GA 233 TX 09 17 Services Office, Inc., with its permission. Page 17 of 17 This page has been left blank intentionally. COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this Coverage Part restrict SUPPLEMENTARY PAYMENTS a COV- this insurance_ Read the entire Coverage Part ERAGES A AND B. carefully to determine rights, duties and what is and is not covered. b. This insurance applies to "bodily injury" and "property damage" only if: Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations, and any other person or organi- zation qualifying as a Named Insured under this Coverage Part. The words "we", "us" and "our" refer to the Company providing this insurance. The word "insured" means any person or organiza- tion qualifying as such under SECTION II -WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. M*illI_aja0:ul ci: COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "bodily injury" or "prop- erty damage" to which this insurance ap- plies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for 'bodily injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE; and (2) Our right and duty to defend ends when we have used up the applica- ble limit of insurance in the payment of judgments or settlements under SECTION 1 - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or medical expenses under SECTION I COVERAGES, COVERAGE C. MEDICAL PAYMENTS. (1) The "bodily injury" or "property dam- age" is caused by an "occurrence" that takes place in the "coverage ter- ritory"; (2) The "bodily injury" or "property dam- age" occurs during the policy period; and (3) Prior to the "coverage term" in which "bodily injury" or "property damage" occurs, you did not know, per Para- graph 1.d. below, that the "bodily in- jury" or "property damage" had oc- curred or had begun to occur, in whole or in part. c. "Bodily injury" or "property damage" which: (1) Occurs during the "coverage term"; and (2) Was not, prior to the "coverage term", known by you, per Paragraph 1.d. below, to have occurred; includes any continuation, change or re- sumption of that "bodily injury" or "prop- erty damage" after the end of the "cover- age term" in which it first became known by you. d. You will be deemed to know that "bodily injury" or "property damage" has occurred at the earliest time when any "authorized representative": (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; (3) First observes, or first observed, the "bodily injury" or "property damage"; (4) Becomes aware, or become aware, by any means other than as de- scribed in (3) above, that "bodily in- jury" or "property damage" had oc- curred or had begun to occur; or No other obligation or liability to pay sums (5) Becomes aware, or become aware, or perform acts or services is covered of a condition from which "bodily in - unless expressly provided for under jury" or "property damage" is sub- stantially certain to occur. Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc., with its permission. Page 1 of 22 e. Damages because of "bodily injury" in- This exclusion applies only if you are in clude damages claimed by any person or the business of manufacturing, distribut- organization for care, loss of services or ing, selling, serving or furnishing alcoholic death resulting at anytime from the "bod- beverages. ily injury". d. Workers' Compensation and Similar 2. Exclusions Laws This insurance does not apply to: Any obligation of the insured under a workers' compensation, disability benefits a. Expected or Intended Injury or unemployment compensation law or "Bodily injury" or "property damage" any similar law. which results from the intentional or e. Employer's Liability criminal acts of the insured or which is in fact expected or intended by the insured, "Bodily injury" to: even if the injury or damage is of a differ- ent degree or type than actually expected (1) An "employee" of the insured sus - or intended. This exclusion does not ap- tained in the 'workplace"; ply to "bodily injury" resulting from the use (2) An "employee" of the insured arising of reasonable force to protect persons or out of the performance of duties re - property. lated to the conduct of the insured's b. Contractual Liability business; or "Bodily injury" or "property damage" for (3) The spouse, child, parent, brother or which the insured is obligated to pay sister of that "employee" as a conse- damages by reason of the assumption of quence of Paragraphs (1) or (2) liability in a contact or agreement. This above. exclusion does not apply to liability for This exclusion applies: damages: (1) Whether the insured may be liable as 1 That the insured would have in the () an employer or in any other capacity; absence of the contact or agree- and ment; or (2) To any obligation to share damages 2 Assumed in a contract or agreement () g with or repay someone else who that is an "insured contract", provided must pay damages because of the the "bodily injury" or "property dam- age" occurs subsequent to the exe- cution of the contract or agreement. This exclusion does not apply to liability When a claim for such "bodily injury" assumed by the insured under an "in - or "property damage" is made, we sured contract". will defend that claim provided the f Pollutant insured has assumed the obligation to defend such claim in the "insured 1 "Bodilyinjury" or "property dama e" () J y g contract". Such defense payments arising out of the actual, alleged or will not reduce the limits of insur� threatened discharge, dispersal, ance. seepage, migration, release, escape c. Liquor Liability or emission of "pollutants": "Bodily injury" or "property damage" for (a) At or from any premises, site or which any insured may be held liable by location which is or was at any reason of: time owned or occupied by, or rented or loaned to, any insured. (1) Causing or contributing to the intoxi- However, Paragraph (a) does cation of any person; not apply to: (2) The furnishing of alcoholic beverages 1) 'Bodily injury" to any person to a person under the legal drinking injured while on any prem- age or under the influence of alcohol; ises, site or location owned or or occupied by, or rented or loaned to, you provided: (3) Any statute, ordinance or regulation relating to the sale, gift, distribution a) The injury is caused by or use of alcoholic beverages. the inadequate ventila- tion of vapors; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, [no., with its permission. Page 2 of 22 GA 101 TX 0910 b) The person injured is product of any manufactur- firstt exposed to such ing process; vapors during the policy period; and 2) "Bodily injury" or "property damage" for which you may c) Within 30 days of such be held liable, if you are a first exposure, the per- contractor, and the owner or son injured is clinically lessee of such premises, diagnosed or treated by site or location has been a physician for the added to this Coverage Part medical condition as an additional insured caused by the expo- with respect to your ongoing sure to such vapors. operations or "your work" However, Paragraph c) performed for that additional does not apply if the insured at that premises, "bodily injury" is caused site or location and such by vapors produced by premises, site or location is or originating from not and never was owned or equipment that is used occupied by, or rented or to heat, cool or dehu- loaned to, any insured, midify the building, or other than that additional in - equipment that is used sured; or to heat water for per- sonal use, by the build- 3) "Bodily injury" or "property ing's occupants or their damage" arising out of heat, guests. smoke or fumes from a "hostile fire"; This exception 1) shall ap- ply only to Named Insureds; (b) At or from any premises, site or we shall have no duty to de- location which is or was at any fend or pay damages for time used by or for any insured any person or organization or others for the handling, stor- that is not a Named Insured. age, disposal, processing or However, this paragraph treatment of waste; does not apply if the "bodily (c) Which are or were at any time injury" is caused by vapors transported, handled, stored, produced by or originating treated, disposed of, or proc- from equipment that is used essed as waste by or for: to heat, cool or dehumidify the building, or equipment 1) Any insured; or that is used to heat water for personal use, by the 2) Any person or organization building's occupants or their for whom you may be le - guests. gally responsible; For the purpose of the ex- (d) At or from any premises, site or ception granted in Para- location on which any insured or graph 1) only, vapors any contractors or subcontrac- means any gaseous or air- tors working directly or indirectly borne irritant or airborne on any insured's behalf are per - contaminant, including forming operations if the "pollut- smoke, fumes, vapor or ants" are brought on or to the soot, but excluding asbes- premises, site or location in con- tos, which is discharged, nection with such operations by dispersed, emitted, released such insured, contractor or sub - or escapes from materials, contractor. However, Paragraph machinery or equipment (d) does not apply to: used in the service or main- 1) "Bodily injury" or "property tenance of the premises, damage" arising out of the Vapors does not mean any discharge, dispersal, seep - gaseous or airborne irritants age, migration, release, es - or contaminants used in a cape or emission of fuels, manufacturing process or lubricants or other operating which is the product or by- fluids, or exhaust gases, which are needed to per - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 22 form, or are the result of, (2) Any loss, cost or expense arising out the normal electrical, hy- of any: draulic or mechanical func- tions necessary for the op- (a) Request, demand, order or eration of "mobile equip- statutory or regulatory require- ment" or its parts, if such ment that any insured or others fuels, lubricants or other test for, monitor, clean up, re - operating fluids, or exhaust move, contain, treat, detoxify or gases, escape, seep or mi- neutralize, or in any way re - spond to, or assess the effects grate, or are discharged, dispersed, released or emit- of, "pollutants", or ted from a vehicle part de- (b) Claim or suit by or on behalf of a signed to hold, store or re- governmental authority for dam- ceive them. This exception ages because of testing for, does not apply if the fuels, monitoring, cleaning up, remov- lubricants or other operating ing, containing, treating, detoxi- fluids, or exhaust gases, fying or neutralizing, or in any escape, seep or migrate, or way responding to, or assessing are discharged, dispersed, the effects of, "pollutants". released or emitted with the intent to cause "bodily in- However, Paragraphs (2)(a) and (b) jury" or "property damage" do not apply to liability for damages or with the knowledge that because of "property damage" that "bodily injury" or "property the insured would have in the ab- damage" is substantially sence of such request, demand, or - certain to occur, or if such der or statutory or regulatory re- fuels, lubricants or other quirement, or such claim or "suit" by operating fluids, or exhaust or on behalf of a governmental au - gases, are brought on or to thority. the premises, site or loca- tion with such intent to es- g• Aircraft, Auto or Watercraft cape, seep or migrate, or be 'Bodily injury" or "property damage" aris- discharged, dispersed, re- ing out of the ownership, maintenance, leased or emitted as part of use or entrustment to others of any air - the operations being per- craft, "auto" or watercraft owned or oper- formed by such insured, ated by or rented or loaned to any in - contractor or subcontractor; sured. Use includes operation and "load- 2) "Bodily injury" or "property ing or unloading". damage" sustained within a This exclusion applies even if the claims building and caused by the against any insured allege negligence or release of gases, fumes or other wrongdoing in the supervision, hir- vapors from materials ing, employment, training or monitoring of brought into that building in others by that insured, if the "occurrence" connection with operations which caused the "bodily injury" or "prop - being performed by you or erty damage" involved the ownership, on your behalf by a contrac- maintenance, use or entrustment to oth- tor or subcontractor; or ers of any aircraft, "auto" or watercraft 3) "Bodily injury" or "property that is owned or operated by or rented or damage" arising out of heat, loaned to any insured. smoke or fumes from a This exclusion does not apply to: "hostile fire"; or ('1) A watercraft while ashore on prem- (e) At or from any premises, site or ises you own or rent; location on which any insured or any contractors or subcontrac- (2) A watercraft you do not own that is: tars working directly or indirectly on any insured's behalf are per- (a) Less than 51 feet long; and forming operations if the opera- (b) Not being used to carry persons tions are to test for, monitor, or property for a charge; clean up, remove, contain, treat, detoxify or neutralize, or in any (3) Parking an "auto" on, or on the ways way respond to, or assess the next to, premises you own or rent, effects of, "pollutants". provided the "auto" is not owned by Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 4 of 22 or rented or loaned to you or the in- sured; (4) Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5) 'Bodily injury' or "property damage" arising out of: (a) The operation of machinery or equipment that is on, attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is li- censed or principally garaged; or (b) The operation of any of the ma- chinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment`. h. Mobile Equipment "Bodily injury" or "property damage" aris- ing out of. (1) The transportation of "mobile equip- ment" by an "auto" owned or oper- ated by or rented or loaned to any in- sured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged rac- ing, speed, demolition, or stunting activity. f Ti►m "Bodily injury" or "property damage", how- ever caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, in- cluding action in hindering or defend- ing against an actual or expected at- tack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. J. Damage to Property "Property damage" to: (1) Property you own, rent or occupy, in- cluding any costs or expenses in- curred by you, or any other person, organization or entity, for repair, re- placement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to an - other's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those prem- ises; (3) Property loaned to you; (4) Personal property in the care, cus- tody or control of an insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or in- directly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or re- placed because "your work" was in- correctly performed on it. Paragraphs (1), (3) and (4) of this exclu- sion do not apply to "property damage" (other than damage by fire or explosion) to promises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days, for which the amount we will pay is limited to the Damage To Premises Rented To You Limit as described in SECTION Ili - LIM- ITS OF INSURANCE. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this ex- clusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations haz- ard". k. Damage to Your Product "Property damage" to "your product" aris- ing out of it or any part of it. h Damage to Your Worm "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations haz- ard". Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 5 of 22 This exclusion does not apply if the dam- (c) Other employment -related prac- aged work or the work out of which the tices, policies, acts or omissions damage arises was performed on your including but not limited to coer- behalf by a subcontractor. cion, criticism, demotion, evalua- m. Damage to Impaired Property or Prop- tion, failure to promote, reas- signment, discipline, defamation, erty Not Physically Injured harassment, humiliation or dis- "Property damage" to "impaired property" crimination directed at that per - or property that has not been physically son; or injured, arising out of: (2) The spouse, child, parent, brother or (1) A defect, deficiency, inadequacy or sister of that person as a eonse- "bodily dangerous condition in "your prod- quence of injury" to that per- uct" or "your work"; or son at whom any of the employment - related practices described in Para- (2) A delay or failure by you or anyone graphs (a), (b) or (c) above is di - acting on your behalf to perform a rected. contract or agreement in accordance This exclusion applies: with its terms. This exclusion does not apply to the loss (1) Whether the insured maybe liable as of use of other property arising out of an employer or in any other capacity; sudden and accidental physical injury to and 'your product" or "your work" after it has (2) To any obligation to share damages been put to its intended use. with or repay someone else who n. Recall of Products, Work or Impaired must pay damages because of the Property injury. Any liability or damages claimed for any r. Additional Insured Prior Knowledge loss, cost or expense incurred by you or An additional insured added by attach - others for the loss of use, withdrawal, re- ment of an endorsement to this Coverage call, inspection, repair, replacement, ad- Part that is seeking coverage for a claim justment, removal or disposal of: or "suit", if that additional insured knew, (1) "Your product"; per the following paragraph, that "bodily "property injury" or damage" had occurred (2) "Your work"; or or had begun to occur, in whole or in part, prior to the "coverage term" in which such (3) "Impaired property"; "bodily injury" or "property damage" oo- if such product, work or property is with- curs or begins to occur. drawn or recalled from the market or from An additional insured added by attach - use by any person or organization be- ment of an endorsement to this Coverage cause of a known or suspected defect, Part will be deemed to have known that deficiency, inadequacy or dangerous con- "bodily injury" or "property damage" has dition in it_ occurred or has begun to occur at the o. Personal and Advertising Injury earliest time when that additional insured, or any one of its owners, members, part - "Bodily injury" arising out of "personal and ners, managers, executive officers, "em- advertising injury". ployees" assigned to manage that addi- Asbestos tional insured's insurance program, or "employees" p. assigned to give or receive "Bodily injury" or "property damage" aris- notice of an "occurrence", "personal and ing out of, attributable to, or any way re- advertising injury" offense, claim or "suit": lated to asbestos in any form or transmit- (1) Reports all, or any part, of the "bodily ted in any manner, injury" or "property damage" to us or q. Employment -Related Practices any other insurer; "Bodily injury" to: (2) Receives a written or verbal demand or claim for damages because of the (1) A person arising out of any: "bodily injury" or "property damage"; (a) Refusal to employ that person; (3) First observes, or first observed, the (b) Termination of that person's em- "bodily injury" or "property damage"; ployment; or Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 6 of 22 (4) Becomes aware, or become aware, (1) The amount we will pay for damages by any means other than as de- is limited as described in SECTION scribed in (3) above, that "bodily in- III - LIMITS OF INSURANCE; and jury" or "property damage" had oc- curred or had begun to occur; or (2) Our right and duty to defend ends when we have used up the applica- (5) Becomes aware, or become aware, ble limit of insurance in the payment of a condition from which "bodily in- of judgments or settlements under jury" or "property damage" is sub- SECTION I - COVERAGES, COV- stantially certain to occur. ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY; S. Electronic Data SECTION I - COVERAGES, COW Damages arising out of the loss of, loss of ERAGE B. PERSONAL AND AD - use of, damage to, corruption of, inability VERTISING INJURY LIABILITY; or to access, or inability to manipulate "elec- medical expenses under SECTION I tronic data". - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. t. Distribution of Material in Violation of Statutes No other obligation or liability to pay sums or perform acts or services is covered "Bodily injury" or "property damage" aris- unless expressly provided for under ing directly or indirectly out of any action SUPPLEMENTARY PAYMENTS A COV- or omission that violates or is alleged to ERAGES A AND B. violate: b. This insurance applies to "personal and a. The Telephone Consumer Protection advertising injury" only if: Act (TCPA), including any amendment of or addition to such law; or (1) The "personal and advertising injury" is caused by an offense arising out of b. The CAN-SPAM Act of 2003, includ- your business; and ing any amendment of or addition to such law; or (2) The "personal and advertising injury" offense was committed in the "cover- c. Any statute, ordinance or regulation, age territory" during the policy period; other than the TCPA or CAN-SPAM and Act of 2003, that prohibits or limits the sending, transmitting, communicating (3) Prior to the "coverage term" in which or distribution of material or informa- the "personal and advertising injury" tion. offense is committed, you did not know, per Paragraph 1.d. below, that Exclusions c. through q, do not apply to "prop- the offense had been committed or erty damage" by fire or explosion to premises had begun to be committed, in whole while rented to you or temporarily occupied by or in part. you with permission of the owner, for which the amount we will pay is limited to the Dam- c. "Personal and advertising injury' caused age to Premises Rented To You Limit as de- by an offense which: scribed in SECTION III - LIMITS OF INSUR- (1) Was committed during the "coverage ANCE. term'; and COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as dam- ages because of "personal and advertis- ing injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discre- tion, investigate any offense and settle any claim or "suit" that may result But: (2) Was not, prior to the 'coverage term", known by you, per Paragraph 1.d. below, to have been committed; includes any continuation, change or re- sumption of that offense after the end of the "coverage term" in which it first be- came known by you. d. You will be doomed to know that a "per- sonal and advertising injury" offense has been committed at the earliest time when any "authorized representative": (1) Reports all, or any part, of the "per- sonal and advertising injury" to us or any other insurer; Includes copyrighted material of Insurance GA 101 TX 0910 Services Office, Inc., with its permission. Page 7 of 22 (2) Receives a written or verbal demand (1) That the insured would have in the or claim for damages because of the absence of the contract or agree - "personal and advertising injury"; ment; or (3) First observes, or first observed, the (2) Assumed in a contract or agreement offense that caused the "personal that is an "insured contract", provided and advertising injury"; the "personal and advertising injury" is caused by or arises out of an of- (4) Becomes aware, or become aware, fense committed subsequent to the by any means, other than as de- execution of the contract or agree - scribed in (3) above, that the offense ment. When a claim for such "per - had been committed or had begun to sonal and advertising injury" is made, be committed; or we will defend that claim, provided (5) Becomes aware, or become aware, the insured has assumed the obliga- of a condition from which "personal tion to defend such claim in the "in - and advertising injury" is substantially sured contract". Such defense pay - certain to occur. menns will not reduce the limits of in- surance. 2. Exclusions f. Breach of Contract This insurance does not apply to: "Personal and advertising injury" arising a. Knowing Violation of Rights of An- out of a breach of contract, except an im- other plied contract to use another's advertising idea in your "advertisement". "Personal and advertising injury" caused by or at the direction of the insured with g. Quality or Performance of Goods o the knowledge that the act would violate Failure to Conform to Statements the rights of another and would inflict "personal and advertising ir>jury". "Personal and advertising injury" arising out of the failure of goods, products or b. Material Published With Knowledge of services to conform with any statement of Falsity quality or performance made in your "ad- vertisement". "Personal and advertising injury" arising out of oral or written publication of mate- h. Wrong Description of Prices rial, if done by or at the direction of the in- sured with knowledge of its falsity. "Personal and advertising injury" arising out of the wrong description of the price c. Material Published Prior to Coverage of goods, products or services stated in Term your "advertisement". "Personal and advertising injury" arising i. Infringement of Copyright, Patent, out of oral or written publication of mate- Trademark or Trade Secret rial whose first publication took place be- fore the later of the following: "Personal and advertising injury" arising out of the infringement of copyright, pat- (1) The inception of this Coverage Part; ent, trademark, trade secret or other intel- or lectual property rights. (2) The "coverage term" in which insur- However, this exclusion does not apply to ance coverage is sought. infringement, in your "advertisement", of d. Criminal Acts copyright, trade dress or slogan. "Personal and advertising injury" arising J. Insureds in Media and Internet Type out of a criminal act committed by or at Businesses the direction of the insured. "Personal and advertising injury" commit- e. Contractual Liability ted by an insured whose business is: (1) Advertising, broadcasting, publishing "Personal and advertising injury" for or telecasting; which the insured is obligated to pay damages by reason of the assumption of (2) Designing or determining content of liability In a contract or agreement. This web -sites for others; or exclusion does not apply to liability for damages: (3) An Internet search, access, content or service provider. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 8 of 22 However, this exclusion does not apply to Paragraphs 17. a., b. and c. of "personal and advertising injury" under SECTION V - DEFINITIONS. For the purposes of this exclusion, the placing of frames, borders or links, or ad- vertising, for you or others anywhere on the Internet is not, by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board any insured hosts, owns, or over which any insured exercises control. I. Unauthorized Use of Another's Name or Product "Personal and advertising injury' arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's poten- tial customers. m. Employment Related Practices "Personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's em- ployment; or (a) Other employment -related prac- tices, policies, acts or omissions including but not limited to coer- cion, criticism, demotion, evalua- tion, failure to promote, reas- signment, discipline, defamation, harassment, humiliation or dis- crimination directed at that per- son; or (2) The spouse, child, parent, brother or sister of that person as a conse- quence of "personal and advertising injury" to that person at whom any of the employment -related practices described in Paragraphs (a), (b) or (c) above is directed_ This exclusion applies: (1) Whether the insured maybe liable as an employer or in any other capacity; and n. Pollutant "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release, escape or emission of "pollut- ants" at anytime. o. Pollutant -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, de- toxify or neutralize, or in anyway re- spond to, or assess the effects of, "pollutants"; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or as- sessing the effects of, "pollutants". P. Asbestos "Personal and advertising injury" arising out of, attributable to, or any way related to asbestos in any form or transmitted in any manner. q. Additional Insured Prior Knowledge An additional insured added by attach- ment of an endorsement to this Coverage Part that is seeking coverage for a claim or "suit", if that additional insured knew, per the following paragraph, that a "per- sonal and advertising injury" offense had been committed or had begun to be committed, in whole or in part, prior to the "coverage term" in which such offense was committed or began to be committed. An additional insured added by attach- ment of an endorsement to this Coverage Part will be deemed to have known that a "Personal and advertising injury" offense has been committed or has begun to be committed at the earliest time when that additional insured, or any one of its own- ers, members, partners, managers, ex- ecutive officers, "employees" assigned to manage that additional insured's insur- ance program, or "employees" assigned to give or receive notice of an "occur- rence", "personal and advertising injury" offense, claim or "suit": (2) To any obligation to share damages (1) Reports all, or any part, of the "per - with or repay someone else who sonal and advertising injury" to us or must pay damages because of the any other insurer; irrjury. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 9 of 22 (2) Receives a written or verbal demand or claim for damages because of the "personal and advertising injury"; (3) First observes, or first observed, the offense that caused the "personal and advertising injury"; (4) Becomes aware, or become aware, by any means other than as de- scribed in (3) above, that the "per- sonal and advertising injury" offense had been committed or had begun to be committed; or (5) Becomes aware, or become aware, of a condition from which "personal and advertising injury" is substantially certain to occur. r. War "Personal and advertising injury", how- ever caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, in- cluding action in hindering or defend- ing against an actual or expected at- tack, by any government, sovereign or other authority using military per- sonnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. s. Distribution of Material in Violation of Statutes "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to vio- late: a. The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; or b. The CAN-SPAM Act of 2003, includ- ing any amendment of or addition to such law; or c. Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or informa- tion. a. We will pay medical expenses as de- scribed below for "bodily injury' caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "cov- erage territory" and during the policy period; (2) The expenses are incurred and re- ported to us within three years of the date of the accident; and (3) The injured person submits to ex- amination, at our expense, by physi- cians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including pros- thetic devices; and (3) Necessary ambulance, hospital, pro- fessional nursing and funeral ser- vices. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer work- ers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury on Normally Occupied Premises To a person injured on that part of prem- ises you own or rent that the person nor- mally occupies. d. Workers' Compensation and Similar Laws COVERAGE C. MEDICAL PAYMENTS To a person, whether or not an "em- ployee" of any insured, if benefits for the 1. Insuring Agreement "bodily injury' are payable or must be pro- vided under a workers' compensation or disability benefits law or a similar law. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 10 of 22 e. Athletic Activities a. An individual, you and your spouse are insureds, but only with respect to the con - To any person injured while officiating, duct of a business of which you are the coaching, practicing for, instructing or sole owner. participating in any physical exercises or games, sports, or athletic contests or ex- b. A partnership or joint venture, you are an hibitions of an athletic or sports nature. insured. Your members, your partners, and their spouses are also insureds, but f. Products -Completed Operations Haz- only with respect to the conduct of your and business. Included within the "products -completed G. A limited liability company, you are an in - operations hazard". sured. Your members are also insureds, g. Coverage A Exclusions but only with respect to the conduct of your business. Your managers are insur- Excluded under COVERAGE A. BODILY eds, but only with respect to their duties INJURY AND PROPERTY DAMAGE LI- as your managers. ABILITY. d, An organization other than a partnership, SUPPLEMENTARY PAYMENTS - COVERAGES joint venture or limited liability company, A AND B you are an insured. Your "executive offi- cers" and directors are insureds, but only We will pay, with respect to any claim we investi- with respect to their duties as your offi- gate or settle, or any "suit" against an insured we cers or directors. Your stockholders are defend: also insureds, but only with respect to 1, All expenses we incur. their liability as stockholders. 2. Up to $250 for cost of bail bonds required be- e. A trust, you are an insured. Your trustees cause of accidents or traffic law violations are also insureds, but only with respect to arising out of the use of any vehicle to which their duties as trustees. the Bodily Injury Liability Coverage applies. 2. Each of the following is also an insured: We do not have to furnish these bonds. a. Your "volunteer workers" only while per- 3. The cast of bands to release attachments, but forming duties related to the conduct of only for bond amounts within the applicable � your business, or your employees , other limit of insurance. We do not have to furnish than either your "executive officers" (if these bonds. you are an organization other than a 4. All reasonable expenses incurred by the in- partnership, joint venture or limited liability sured at our request to assist us in the investi- company) or your managers (if you are a gation or defense of the claim or "suit", includ- limited liability company), but only for acts ing actual loss of earnings up to $250 a day within the scope of their employment by because of time off from work, you or while performing duties related to the conduct of your business. However, 5. All costs taxed against the insured in the none of these "employees" or "volunteer "suit". workers" are insureds for: 6. Prejudgment interest awarded against the in- (1) "Bodily injury" or "personal and ad- sured on that part of the judgment we become vertising injury". obligated to pay and which falls within the ap- plicable limit of insurance. if we make an offer (a) To you, to your partners or to pay the applicable limit of insurance, we will members (if you are a partner - not pay any prejudgment interest based on ship or joint venture), to your that period of time after the offer. members (if you are a limited li- ability company), to a co- 7. All interest on the full amount of any judgment "employee" while in the course that accrues after entry of the judgment and of his or her employment or per - before we have paid, offered to pay, or depos- forming duties related to the ited in court the part of the judgment that is conduct of your business, or to within the applicable limit of insurance. your other "volunteer workers" while performing duties related These p a ents will not reduce the limits of incur- to the conduct of your business; ante. SECTION II -WHO IS AN INSURED (b) To the spouse, child, parent, brother or sister of that co- 1. If you are designated in the Declarations as: "employee" or "volunteer Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 11 of 22 worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her provid- ing or failing to provide profes- sional health care services. (2) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exer- cised for any purpose by, you, any of your "employees", "volun- teer workers", any partner or member (if you are a partnership or joint ven- ture), or any member (if you are a limited liability company). b. Any person (other than your "employee" or "volunteer worker"), or any organiza- tion while acting as your real estate man- ager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that prop- erty; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. 3. Any organization you newly acquire or form, other than a partnership, joint venture or lim- ited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organiza- tion. However: c. COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY does not apply to "personal and advertising injury" arising out of an offense committed be- fore you acquired or formed the organiza- tion. No person or organization is an insured with re- spect to the conduct of any current or past partner- ship, joint venture or limited liability company that is not shown as a Named Insured in the Dedara- tions. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits'. 2. a. The General Aggregate Limit is the most we will pay for the sum of: (1) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; (2) Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- ages because of "bodily injury' or "property damage" included in the "products -completed operations haz- ard"; and (3) Damages under COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY. This General Aggregate Limit will not ap- ply if either the Location General Aggre- gate Limit of Insurance, Paragraph 2.b., or the Construction Project General Ag- gregate Limit of Insurance, Paragraph 2.c. applies. b. A separate Location General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall apply to each location owned by, or rented or [eased to you and is the most we will pay for the sum of: a. Insurance under this provision is afforded (1) Damages under COVERAGE A. only until the 90th day after you acquire or BODILY INJURY AND PROPERTY form the organization or the end of the DAMAGE LIABILITY, except dam - policy period, whichever is earlier; ages because of "bodily injury" or b. COVERAGE A. BODILY INJURY AND "property damage" included in the PROPERTY DAMAGE LIABILITY does "products -completed operations haz- ard ,and not apply to 'bodily injury" or "property damage" that occurred before you ac- (2) Medical expenses under COVER- quired or formed the organization; and AGE C. MEDICAL PAYMENTS, Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 12 of 22 which can be attributed to operations at only a single location owned by, or rented or leased to you. c. A separate Construction Project General Aggregate Limit of Insurance, equal to the amount of the General Aggregate Limit shown in the Declarations, shall apply to each construction project and is the most we will pay for the sum of: (1) Damages under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, except dam- ages because of "bodily injury" or "property damage" included in the "products -completed operations haz- ard"; and (2) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS; which can be attributed only to ongoing operations and only at a single oonstruc- tion project_ d. Only for the purpose of determining which General Aggregate Limit of Insurance, 2.a., 2.b., or2.c., applies: (1) Location means premises involving the same or connecting lots, or prem- ises, whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. (2) Construction project means a loca- tion you do not own, rent or lease where ongoing improvements, altera- tions, installation, demolition or main- tenance work is performed by you or on your behalf. All connected ongo- ing improvements, alterations, instal- lation, demolition or maintenance work performed by you or on your behalf at the same location for the same persons or organizations, no matter how often or under how many different contracts, will be deemed to be a single construction project. 3. The Products -Completed Operations Aggre- gate Limit is the most we will pay under COV- ERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property damage" included in the "products -completed opera- tions hazard". 5. Subject to 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. BODILY INJURY AND PROPERTY DAMAGE LI- ABILITY; and b. Medical expenses under COVERAGE C. MEDICAL PAYMENTS; because of all "bodily injury" and "property damage" arising out of anyone `occurrence". 6. Subject to 5, above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under COVER- AGE C. MEDICAL PAYMENTS for all medical expenses because of "bodily injury' sustained by any one person. The Limits of Insurance of this Coverage Part ap- ply separately to each "coverage term". SECTION IV - COMMERCIAL GENERAL LIABIL- ITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insureds estate will not relieve us of our obligations under this Coverage Part. 2. Duties in the Event of Occurrence, Offense, Claim or Suit a. You must see to it that we are notified as soon as practicable of an 'occurrence" or a "personal and advertising injury' of- fense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occur- rence" or offense took place; (2) The names and addresses of any in- jured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occur- rence" or offense. 4. Subject to 2.a. above, the Personal and Ad- b. If a claim is made or "suit" is brought vertising Injury Limit is the most we will pay against any insured, you must. under COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY for the sum (1) Immediately record the specifics of of all damages because of all "personal and the claim or "suit" and the date re - advertising injury' sustained by any one per- ceived; and son or organization_ (2) Notify us as soon as practicable. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 13 of 22 You must see to it that we receive written b. The date this Coverage Part became ef- notice of the claim or "suit" as soon as fective; and practicable. will be considered as included until the end of c. You and any other involved insured must: the current policy period. We will make no ad- ditional premium charge for this additional (1) Immediately send us copies of any coverage during the interim. demands, notices, summonses or le- gal papers received in connection 5. Other Insurance with the claim or "suit"; If other valid and collectible insurance is avail- (2) Authorize us to obtain records and able to the insured for a loss we cover under other information; COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COV- (3) Cooperate with us in the investiga- ERAGE B. PERSONAL AND ADVERTISING tion eion or INJURY LIABILITY of this Coverage Part, our against the "suit"; feng obligations are limited as follows: (4) Assist us, upon our request, in the a. Primary Insurance enforcement of any right against any person or organization which may be This insurance is primary except when b. liable to the insured because of injury below applies. If this insurance is primary, or damage to which this insurance our obligations are not affected unless may also apply. any of the other insurance is also primary. Then, we will share with all that other in- d. No insured will, except at that insured's surance by the method described in c. own cost, voluntarily make a payment, below. assume any obligation, or incur any ex- pense, other than for first aid, without our b. Excess Insurance consent. This insurance is excess over: 3. Legal Action Against Us (1) Any of the other insurance, whether No person or organization has a right under primary, excess, contingent or on this Coverage Part: any other basis: a. To join us as a party or otherwise bring us (a) That is Fire, Extended Cover - into a "suit" asking for damages from an age, Builder's Risk, Installation insured; or Risk or similar insurance for 'your work"; b. To sue us on this Coverage Part unless all of its terms have been fully complied (b) That is Fire or Explosion insur- with. ance for premises rented to you or temporarily occupied by you A person or organization may sue us to re- with permission of the owner; cover on an agreed settlement or on a final judgment against an insured; but we will not (c) That is insurance purchased by be liable for damages that are not payable un- you to cover your liability as a der the terms of this Coverage Part or that are tenant for "property damage" to in excess of the applicable limit of insurance. premises rented to you or tem- An agreed settlement means a settlement and porarily occupied by you with release of liability signed by us, the insured permission of the owner; or and the claimant or the claimant's legal repre- (d) If the loss arises out of the main- sentative. tenance or use of aircraft, 4. Liberalization "autos" or watercraft to the ex - tent not subject to SECTION I - If, within 60 days prior to the beginning of this COVERAGE A. Coverage Part or during the policy period, we BODICOVERAGES, PROP - INJURY AND PROP make any changes to any forms or endorse- RTY DAMAGE LIABILITY, 2. ERTY D ments of this Coverage Part for which there is Exclusions, g. Aircraft, Auto currently no separate premium charge, and or Watercraft. that change provides more coverage than this Coverage Part, the change will automatically (2) Any other primary insurance avail - apply to this Coverage Part as of the latter of able to the insured covering liability for damages arising out of the prem- a. The date we implemented the change in ises or operations, or the products your state; or and completed operations, for which Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 14 of 22 C. the insured has been added as an to the total applicable limits of insurance additional insured by attachment of of all insurers. an endorsement_ 6. Premium Audit (3) Any other insurance: a. We will compute all premiums for this (a) Whether primary, excess, con- Coverage Part in accordance with our tingent or on any other basis, rules and rates. except when such insurance is written specifically to be excess b. Premium shown in this Coverage Part as over this insurance; and advance premium is a deposit premium only. At the dose of each audit period we (b) That is a consolidated (wrap-up) will compute the earned premium for that insurance program which has period and send notice to the first Named been provided by the prime con- Insured. The due date for audit and retro- tractorlproject manager or owner spective premiums is the date shown as of the consolidated project in the due date on the bill. If: which you are involved. (1) The earned premium is Less than the When this insurance is excess, we will deposit premium, we will return the have no duty under COVERAGE A. excess to the first Named Insured; or BODILY INJURY AND PROPERTY DAMAGE LIABILITY or COVERAGE B. (2) The earned premium is greater than PERSONAL AND ADVERTISING IN- the deposit premium, the difference JURY LIABILITY to defend the insured will be due and payable to us by the against any "suit" if any other insurer has first Named Insured upon notice from a duty to defend the insured against that us_ "suit". If no other insurer defends, we will e. The first Named Insured must keep re - undertake to do so, but we will be entitled cords of the information we need for Pre- to the insured's rights against all those mium computation, and send us copies at other insurers. such times as we may request. When this insurance is excess over other 7. Representations insurance, we will pay only our share of the amount of the loss, if any, that ex- By accepting this Coverage Part, you agree: needs the sum of: a. The statements in the Declarations are (1) The total amount that all such other accurate and complete; insurance would pay for the loss in the absence of this insurance; and b. Those statements are based upon repre- sentations you made to us; and (2) The total of all deductible and self - insured amounts under all that other c. We have issued this Coverage Part in re- insurance. fiance upon your representations. We will share the remaining loss, if any, 8. Separation of Insureds with any other insurance that is not de- Except with respect to the Limits of Insurance, scribed in this Excess Insurance provision and any rights or duties specifically assigned and was not bought specifically to apply in this Coverage Part to the first Named In - in excess of the Limits of Insurance sured, this insurance applies: shown in the Declarations of this Cover- age Part. a. As if each Named Insured were the only Named Insured; and Method of Sharing b. Separately to each insured against whom If all of the other insurance permits con- claim is made or "suit" is brought. tribution by equal shares, we will follow this method also. Under this approach 9. Transfer of Rights of Recovery Against each insurer contributes equal amounts Others to Us until it has paid its applicable limit of insurance or none of the loss remains, If the insured has rights to recover all or part whichever comes first. of any payment we have made under this Coverage Part, those rights are transferred to If any of the other insurance does not us. The insured must do nothing after loss to permit contribution by equal shares, we impair thorn. At our request, the insured will will contribute by limits. Under this bring "suit" or transfer those rights to us and method, each insurer's share is based on help us enforce them. the ratio of its applicable limit of insurance Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 15 of 22 10. Two or More Coverage Forms or Policies Issued by Us If this Coverage Part and any other Coverage Form or Coverage Part forming a part of this policy apply to the same "occurrence" or "per- sonal and advertising injury" offense, the ag- gregate maximum Limit of Insurance under all the Coverage Forms or Coverage Parts shall not exceed the highest applicable Limit of In- surance under any one Coverage Form or Coverage Part. This condition does not apply to any Coverage Form or Coverage Part is- sued by us specifically to apply as excess in- suranoe over this Coverage Part. 11. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named In- sured shown in the Declarations written notice of the nonrenewal not less than 30 days be- fore the expiration date. If notice is mailed, proof of mailing will be suf- ficient proof of notice. SECTION V - DEFINITIONS "Advertisement" means a notice that is broad- cast, telecast or published to the general pub- lic or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. "Adver- tisement" includes a publicity article. For pur- poses of this definition: a. Notices that are published include mate- rial placed on the Internet or on similar electronic means of communication; and b. Regarding web -sites, only that part of a web -site that is about your goods, prod- ucts or services for the purposes of at- tracting customers or supporters is con- sidered an "advertisement". 2. "Authorized representative" means: a. If you are designated in the Declarations as: (1) An individual, you and your spouse are "authorized representatives'. (2) A partnership or joint venture, your members, your partners, and their spouses are "authorized representa- tives". (3) A limited liability company, your members and your managers are "authorized representatives". publicly traded organization, your stockholders are also "authorized representatives". (5) A trust, your trustees are "authorized representatives". b. Your "employees": (1) Assigned to manage your insurance program; or (2) Responsible for giving or receiving notice of an "occurrence", "personal and advertising injury" offense, claim or "suit"; are also "authorized representatives". 3. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, in- cluding any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. S. "Coverage term" means the following individ- ual increment, or if a multi -year policy period, increments, of time, which comprise the policy period of this Coverage Part: a. The year commencing on the Effective Date of this Coverage Part at 12:01 AM standard time at your mailing address shown in the Declarations, and if a multi- year policy period, each consecutive an- nual period thereafter, or portion thereof if any period is for a period of less than 12 months, constitute individual "coverage terms". The last "coverage term" ends at 12:00 AM standard time at your mailing address shown in the Declarations on the earlier of: (1) The day the policy period shown in the Declarations ends; or (2) The day the policy to which this Cov- erage Part is attached is terminated or cancelled. (4) An organization other than a partner- b. However, if after the issuance of this Cov- ship, joint venture or limited liability erage Part, any "coverage term" is ex - company, your "executive officers" tended for an additional period of less and directors are "authorized repre- than 12 months, that additional period of sentatives Provided you are not a Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 16 of 22 time will be deemed to be part of the last b. You have failed to fulfill the terms of a preceding "coverage term". contract or agreement; 6. "Coverage territory" means: if such property can be restored to use by: a. The United States of America (including a. The repair, replacement, adjustment or its territories and possessions), Puerto removal of "your product" or "your work"; Rico and Canada; or b. International waters or airspace, but only b. Your fulfilling the terms of the contract or if the injury or damage occurs in the agreement. course of travel or transportation between any places included in a. above; or 12. "Insured contract" means: c. All other parts of the world if the injury or a. A contract for a lease of premises. How - damage arises out of: ever, that portion of the contract for a lease of premises that indemnifies any (1) Goods or products made or sold by person or organization for "property dam - you in the territory described in a. age" by fire or explosion to premises above; while rented to you or temporarily occu- pied by you with permission of the owner (2) The activities of a person whose is not an "insured contract"; home is in the territory described in a. above, but is away for a short time b. A sidetrack agreement; on your business; or c. Any easement or license agreement, ex- (3) "Personal and advertising injury" of- cept in connection with construction or fenses that take place through the demolition operations on or within 50 feet Internet or similar electronic means of a railroad; of communication, d. An obligation, as required by ordinance, provided the insured's responsibility to to indemnify a municipality, except in con - pay damages is determined in a "suit' on nection with work for a municipality; the merits, in the territory described in a. above or in a settlement to which we e. An elevator maintenance agreement; agree. f. That part of any other contract or agree- 7. "Electronic data" means information, facts or ment pertaining to your business (includ- programs stored as or on, created or used on, ing an indemnification of a municipality in or transmitted to or from computer software, connection with work performed for a including systems and applications software, municipality) under which you assume the hard or floppy disks, CD-ROMs, tapes, drives, tort liability of another party to pay for cells, data processing devices or any other "bodily injury", "property damage" or "per - media which are used with electronically con- sonal and advertising injury" to a third trolled equipment. person or organization. Tort liability means a liability that would be imposed S. "Employee" includes a "leased worker". "Em- by law in the absence of any contract or ployed' does not include a "temporary agreement. worker". Paragraph f. does not include that part of 9. "Executive officer" means a person holding any contract or agreement: any of the officer positions created by your charter, constitution, by-laws or any other (1) That indemnifies a railroad for "bodily similar governing document. injury", "property damage" or "per- sonal and advertising injury" arising 10. "Hostile fire" means one which becomes un- out of construction or demolition op - controllable or breaks out from where it was erations, within 50 feet of any rail - intended to be. road property and affecting any rail- road bridge or trestle, tracks, road- 11. "Impaired property' means tangible property, beds, funnel, underpass or crossing; other than "your product" or "your work", that cannot be used or is less useful because: (2) That indemnifies an architect, engi- neer or surveyor for injury or damage a. It incorporates "your product" or "your arising out of: work" that is known or thought to be de- fective, deficient, inadequate or danger (a) Preparing, approving, or failing ous; or to prepare or approve, maps, shop drawings, opinions, re- ports, surveys, field orders, Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 17 of 22 change orders or drawings and der Internet services, including those specifications; or listed in Paragraph (6), above. (b) Giving directions or instructions, 13. "Leased worker" means a person leased to or failing to give them, if that is you by a labor leasing firm under an agree - the primary cause of the injury or ment between you and the labor leasing firm, damage; to perform duties related to the conduct of your business. "Leased worker" includes su- 3 Under which the insured, if an archi- () pervisors furnished to you by the labor leasing tect, engineer or surveyor, assumes firm. "Leased worker" does not include a liability for an injury or damage aris- `temporary worker". ing out of the insured's rendering or failure to render professional ser- 14. "Loading or unloading" means the handling of vices, including those listed in Para- property: graph (2) above and supervisory, in- spection, architectural or engineering a. After it is moved from the place where it is activities; accepted for movement into or onto an aircraft, watercraft or "auto"; (4) That indemnifies an advertising, pub- lic relations or media consulting firm b. While it is in or on an aircraft, watercraft for "personal and advertising injury" or "auto'; or arising out of the planning, execution c. While it is being moved from an aircraft, or failure to execute marketing com- watercraft or "auto" to the place where it munications programs. Marketing is finally delivered; communications programs include but are not limited to comprehensive but "loading or unloading" does not include the marketing campaigns; consumer, movement of property by means of a me - trade and corporate advertising for all chanical device, other than a hand truck, that media; media planning, buying, is not attached to the aircraft, watercraft or monitoring and analysis; direct mail; ..auto". promotion; sales materials; design; presentations; point -of -sale materi- 15. "Mobile equipment" means any of the follow- als; market research; public relations ing types of land vehicles, including any at - and new product development; tached machinery or equipment: (5) Under which the insured, if an adver- a. Bulldozers, farm machinery, forklifts and tising, public relations or media con- other vehicles designed for use principally suiting firm, assumes liability for "per_ off public reads; sonal and advertising injury" arising b. Vehicles maintained for use solely on or out of the insured's rendering or fail- next to premises you own or rent; ure to render professional services, including those services listed in c. Vehicles that travel on crawler treads; Paragraph (4), above; d. Vehicles, whether self-propelled or not, (6) That indemnifies a web -site designer maintained primarily to provide mobility to or content provider, or Internet permanently mounted: search, access, content or service provider for injury or damage arising (1) Power cranes, shovels, loaders, dig - out of the planning, execution or fail- gers or drills; or ure to execute Internet services. (2) Road construction or resurfacing Internet services include but are not equipment such as graders, scrapers limited to design, production, distribu- or rollers; tion, maintenance and administration of web -sites and web -banners; host- e. Vehicles not described in a., la , c, or d. ing web -sites; registering domain above that are not self-propelled and are names; registering with search en- maintained primarily to provide mobility to gines; marketing analysis; and pro- permanently attached equipment of the viding access to the Internet or other following types: similar networks; or (1) Air compressors, pumps and genera- (7) Under which the insured, if a web- tors, including spraying, welding, site designer or content provider, or building cleaning, geophysical explo- Internet search, access, content or ration, lighting and well servicing service provider, assumes liability for equipment; or injury or damage arising out of the insured's rendering or failure to ren- Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 18 of 22 (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not con- struction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and genera- tors, including spraying, welding, building cleaning, geophysical explo- ration, lighting and well servicing equipment. However, "mobile equipment" does not in- clude any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehi- cle insurance law are considered "autos". 16. "Occurrence" means an accident, including continuous or repeated exposure to substan- tially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private oc- cupancy of a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral or written publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or ser- vices; f. The use of another's advertising idea in your "advertisement"; or g. Infringing upon another's copyright, trade dress or slogan in your "advertisement". 18. "Pollutant" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals, petroleum, petroleum products and petroleum by-products, and waste. Waste in- cludes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been com- pleted or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been com- pleted; or (b) When all of the work to be done at the job site has been com- pleted if your contract calls for work at more than one job site; or (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, mainte- nance, correction, repair or replace- ment, but which is otherwise com- plete, will be treated as completed. b. Does not include "bodily injury" or "prop- erly damage" arising out of: (1) The transportation of property, un- less the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or e. Oral or written publication, in any manner, of material that violates a person's right of (3) Products or operations for which the privacy; classification, listed in the Declara- tions or in a schedule, states that Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 19 of 22 products -completed operations are included. 20. "Property damage" means: a. Physical injury to tangible property, in- cluding all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physi- cal injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which money damages because of "bodily injury", "property damage" or "personal and advertis- ing injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent; or c. An appeal of a civil proceeding. 22. 'Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Workplace" means that place and during such hours to which the "employee" sustaining "bodily injury" was assigned by you, or any other person or entity acting on your behalf, to work on the date of "occurrence". 25. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have ac- quired; and (2) Containers (other than vehicles), ma- terials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fit- ness, quality, durability, perfomance or use of "your product'; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment fur- nished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fit- ness, quality, durability, performance or use of "your work'; and (2) The providing of or failure to provide warnings or instructions. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 20 of 22 NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an insured un- der this Coverage Part is also an in- sured under a nuclear energy liability policy issued by Nuclear Energy Li- ability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the "hazardous prop- erties" of "nuclear material" and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the insured is, or had this Coverage Part not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, un- der any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazard- ous properties" of "nuclear material" and arising out of the operation of a "nuclear facility' by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties' of "nu- clear material", if (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or oper- ated by or on behalf of, an insured, or (b) has been discharged or dis- persed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, proc- essed, stored, transported or dis- posed of, by or on behalf of an in- sured; or (3) The "bodily injury" or "property dam- age" arises out of the furnishing by an insured of services, materials, parts or equipment in connection with the planning, construction, mainte- nance, operation or use of any "nu- clear facility", but if such facility is lo- cated within the United States of America, its territories or posses- sions or Canada, this Exclusion (3) applies only to "property damage" to such "nuclear facility' and any prop- erty thereat. 2. As used in this exclusion: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "special nuclear material" or "by-product mate- rial". "Source material", 'special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear re- actor". "Waste" means any waste material (a) con- taining "by-product material" other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by any person or organization of any "nuclear facility" included under the first two paragraphs of the definition of "nuclear facil- ity'. "Nuclear facility" means: A. Any"nuclearreactor'; B. Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing 'spent fuel", or (3) handling, proc- essing or packaging "waste"; C. Any equipment or device used for the processing, fabricating or alloying of "spe- cial nuclear material" if at any time the to- tal amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of ura- nium 235; Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 21 of 22 D. Any structure, basin, excavation, prem- ises or place prepared or used for the storage or disposal of "waste' and includes the site on which any of the fore- going is located, all operations conducted on such site and all premises used for such op- erations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radio- active contamination of property. Includes copyrighted material of Insurance GA 101 TX 09 10 Services Office, Inc., with its permission. Page 22 of 22 THIS ENDORSEMENT CHANGGES 'rHE POLICY. PLEASE READ IT CAREFULLY. CinciPluso BUSINESS AUTO XC+8 (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies Insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, S. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance Si CTION IV - BUSINFESS, AUTO CONDI- TIONS, B. General Conditions, S. Other In- surance c. is replaced by the following: c. Regardless of the provisions of Par- agraph at. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, I. Who is an Insured is amended to Include as an Insured any person or organk zation with which you have agreed in a valid written contract to provide insurance as is af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily Injury" or "property damage"; and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage 'The following Is added to the Section II - Liability Coverage, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, S. General Conditions, S. Other Insurance is amended by replac- ing Paragraph 5.b. with the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (f) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "em- ployee's" name, with your per- mission, while performing duties related to the conduct of your business. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. Page I of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SUCTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "accident"; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or C. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that Is not normally used by the "auto" manufacturer for the Installation of such equipment; Ib. Removable from a permanently In- stalled housing unit as described in Paragraph 2.a. above; or c. An integral part of such equipment. E. Who is an Insured - Amended SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an insured is amended by add ing the following: The following are "insureds": 9. Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the Insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy, or would be an "Insured" under such policy but for termi- nation of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and Is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an Insured under any other automobile liability policy, or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. 3. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION 11 - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 9. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in {2y; and 2, Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION 11 - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion S. Fellow Employee is deleted. I. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL_ DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 11. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. Coverage includes loss of use of that hired au- to, provided It results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE Is amended by adding the following: 1. We will pay for rental reimbursement ex- penses Incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" Is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return It to you: or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. K. Transportation Expense - Higher Limits SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. L. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, R. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SUCTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance Is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or S. We will pay under this coverage Only that amount of your rental reimbursement ex- (2) Actual cash value of the stolen penses which is not already provided for or damaged property. under SECTION III - P1YSICAL DAM- b. An adjustment for depreciation and AGE COVERAGE, A. Coverage, 4. physical condition will be made in de - Coverage Extensions. termining actual cash value at the time of "loss". Includes copyrighted material of ISO AA 288 0116 Properties, Inc., with its permission. page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair -Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, 0. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or Insurance manag- er, if you are a corporation, or 4. A member or manager, if you are a lim- ited liability company. P. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, If you unintentionally fall to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DI'FINITIOINS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily Injury, sickness or disease. "Bodily injury" does not include mental anguish or death that does not re suit from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. Section V - Definitions, H. "Insured con- tract", 1.c, is amended to read: c. An easement or license agreement: 2. Section V - Definitions, H. "Insured con- tract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 01 16 Properties, Inc., with its permission. Wage 4 of 4 Texasmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 Q4 B EMPLOYERS LIABILITY POLICY TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium. This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 a.m. standard time, forms a part of: Policy no. 0001228995 of Issued to: McMahon Contracting, L.P. effective on Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 03 04 8 This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATE© ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY CLAIMS -MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY ELECTRONIC DATA LIABILITY COVERAGE PART EXCESS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS -MADE RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY SCHEDULE Name and mailing address of person(s) or organization(s): 1. FOR WHOM YOU ARE REQUIRED IN A WRITTEN CONTRACT THAT WAS EXECUTED ON OR AFTER THE EARLIER OF THE FOLLWING DATES: A. THE EFFECTIVE DATE OF THIS POLICY, OR B. THE EFFECTIVE DATE OF THE ORIGINAL POLICY OF WHICH THIS POLICY IS A RENEWAL OR RPLACEMENT, AND 2. FOR WHOM YOU ARE REQUIRED IN THAT SAME WRITTEN CONTRACT AS REFERRED TO IN 1. ABOVE TO PROVIDE CANCELLATION NOTICE Number of days notice (other than nonpayment of premium): 30 A. If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. B. If we cancel this policy for nonpayment of premium, we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least 10 days before the effective date of cancellation. C. If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. D. In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy. IA 4087 09 17 This page has been left blank intentionally. Ttexasmutuar WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION PENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice: 2. Notice will be mailed to: Schedule 30 PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on at 12:01 a.m. standard time, forms a part of: Policy no. of Texas Mutual Insurance Company effective on 0 Issued to:001228995 McMahon Contracting, L.P. This is not a bill NCCI Carrier Code: 29939 Authorized representative 3/111 e PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 06 01 'Phis page has been left blank intentionally. STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision- Mwh 9, 2020 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article I -- Definitions and Terminology ....................... 1.01 Def ned Terms ............................................ 1.02 Terminology ............................................... Page .........................................................................1 ...............................................I......................1 ......................................................................... 6 Article 2 — Preliminary Matters........................................................ 2.01 Copies of Documents ................................................... 2.02 Commencement of Contract Time; Notice to Proceed 2.03 Starting the Work ......................................................... 2.04 Before Starting Construction ....................................... 2.05 Preconstruction Conference ......................................... 2.06 Public Meeting............................................................. 2.07 Initial Acceptance of Schedules ................................... ................................................................ 7 ..................................•-------...................... 7 ................................................................ 7 ...........................................................I...18 ................................................................ 8 ................................................................ 8 ................................................................ 8 ................................................................ 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....................................•--•-•..------------.................................................................... I I Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...............................................................................•-----.---.---.............. 11 4.01. Availability of Lands..................................................................................................................1 I 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities................................................................... ..................13 .......................... 4.05 Reference Points.................................................................................•--•-•--................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5 — Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers....................•-....---------................................................................16 5.02 Performance, Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance......................................................................................................••---..16 5.04 Contractor's Insurance....................................•--.........................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6 Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCIION SPECIFICATION DOCUMENTS Revision: Mach 9, 2020 6.02 Labor; Working Hours.................................................................... 6.03 Services, Materials, and Equipment ............................................... 6.04 Project Schedule.............................................................................. 6.05 Substitutes and "Or-Equals"........................................................... 6.06 Concerning Subcontractors, Suppliers, and Others ........................ 6.07 Wage Rates...................................................................................... 6.08 Patent Fees and Royalties............................................................... 6.09 Permits and Utilities........................................................................ 6.10 Laws and Regulations..................................................................... 6.11 Taxes............................................................................................... 6.12 Use of Site and Other Areas........................................................... 6.13 Record Documents.......................................................................... 6.14 Safety and Protection...................................................................... 6.15 Safety Representative...................................................................... 6.16 Hazard Communication Programs .................................................. 6.17 Emergencies and/or Rectification.................................................... 6.18 Submittals........................................................................................ 6.19 Continuing the Work........................................................................ 6.20 Contractor's General Warranty and Guarantee ............................... 6.21 Indemnification................................................................................ 6.22 Delegation of Professional Design Services ................................... 6.23 Right to Audit................................................................................... 6.24 Nondiscrimination............................................................................ Article 7 - Other Work at the Site........................................................................ 7.01 Related Work at Site........................................................................ 7.02 Coordination..................................................................................... Article 8 - City's Responsibilities.................................................................... 8.01 Communications to Contractor..................................................... 8.02 Furnish Data................................................................................. 8.03 Pay When. Due............................................................................. 8.04 Lands and Easements; Reports and Tests ..................................... 8.05 Change Orders............................................................................... 8.06 Inspections, Tests, and Approvals ................................................ 8.07 Limitations on City's Responsibilities ......................................... 8.08 Undisclosed Hazardous Environmental Condition ...................... 8.09 Compliance with Safety Program ................................................. ............................................ 20 ............................................ 20 ............................................ 21 ............................................ 21 ............................................ 24 ............................................ 25 ............................................ 26 ............................................ 27 ............................................ 27 ............................................ 28 ............................................ 28 ............................................ 29 ............................................ 29 ........................................... 30 ........................................... 30 ........................................... 30 ............................................ 31 ........................................... 32 ........................................... 32 ......................................... 33 ........................................... 34 ........................................... 34 ........................................... 35 ........................................... 35 ........................................... 35 ........................................... 36 .......................................... 36 .......................................... 36 ......................................... 36 .......................................... 36 ......................................... 36 ......................................... 36 ......................................... 36 ......................................... 37 ......................................... 37 ......................................... 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: March 9,2020 Article 10 - Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work.............................................................. ....................... 38 10.02 Unauthorized Changes in the Work.......................................................... ..39 .............................. . 10.03 Execution of Change Orders .............................. :........................................................................ 39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.................................................................... ..... 40 .................................... Article I 1 ---- 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.................................................................................---..49 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period............................................................................................. ...... 50 ..................... 13.08 Acceptance of Defective Work............................................................................................. .... 51 13.09 City May Correct Defective Work.................................................................... ......................... 51 Article 14 - Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title................................................................................................... 54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment.............................................................................................................................. 56 14.08 Final Completion Delayed and Partial Retainage Release........................................................ 56 14.09 Waiver of Claims........................................................................................................................ 57 Article 15 - Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16 Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures............................................................................................................. 61 CITY OF PORT WORTH STANDARDCONSTRUC,'TION SPECIFICATION DOCUMENTS Revision: Mai& 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: March 9,2020 007200- I GENERAL CONDITIONS Page 1 of 63 .ARTICLE I — DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Applicationfir 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. 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. Bidding Documents The Bidding Requirements and the proposed Contract Documents (including all Addenda). 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: Mph 9, 2020 007200- I GENERAL CONDITIONS Page 3 of 63 24. Damage Claims A demand for money or services arising from the Project or ,Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 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 Port 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 Fart 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: Match 9, 2020 00 72 00 - 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: Much 9, 2020 007200-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 casements 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: March 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: Mash 9,2.020 007200- 1 GENEPAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. UnIess stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 -- PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given 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: Much 9, 2020 007200- I GENERAL CONDITIONS Page S of63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: M=h 9, 2020 007200-1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 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 SPECIFICAT[ON DOCUMENTS Revision: Mamh9,2020 00 72 00 - 1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.1 S.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other proj cot without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: ivlmh 9, 2020 007200-I GENERAL CONDITIONS Page 1 1 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 furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern.. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. I. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or casements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUME-NTS Revision: Match 9, 2020 007200-1 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: Match 9,2020 007200-1 GENERAL CONDITIONS Page 13 of63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated.• The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c, coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICK11ON DOCUMENTS Revision: Mamie 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 14 of63 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. 1f 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: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOC JMFNTS Revision: Mmb9,2020 00 72 00 - 1 GENERAL CONDITIONS Page [6 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: March 9, 2020 007200-1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 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: Match 9, 2020 00 72 00 - I GENEPAL 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 CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mwb 9, 2020 007200- I 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: March 9, 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: Mauh9,2020 007200-1 GFNFRAL CONDITIONS Page21 of63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mamli9,2020 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 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICKrION DOCUMENTS Revision: Maceh 9, 2020 00 72 00 - I GENERAL CONDITIONS Page 23 of63 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 j udge 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: Mash 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order, H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. 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 8PECIFICA11ON DOCUMENTS Revision: March 9, 2020 00 72 00 - 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: Mash 9, M2.0 007200-I GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the l lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be 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 DOCUMENT'S Revision: March 9,2020 007200- I GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired pennit. 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 pen -nits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 007200-I GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforyns/93-forTns.htmi 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Match 9,2020 007200-1 GENERAL CONDITIONS Page 29 of 63 3. Should any Damage CIaim 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: Mash 9, 2020 007200-I GENERAL CONDITIONS Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or 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 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: NbLCh9,2020 007200-1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 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 WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mesh 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORS' WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mash 9, 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 5.02.13. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless' and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISIO-N-IS_ UCIIICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mm-ch9,2020 00 72 00 - I GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SAME OF 'I'>(1_E DAMAGES BEING SOL_T_G I WERE CAUSED_IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professionaI'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: March9,2020 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 007200-1 GENERAL CONDITIONS Page 36 of63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 007200- I GENERAL CONDITIONS Page 37 of63 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 Llazardous 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 determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the ,Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mw-h 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 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 OE FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Man h 9, 2020 007200-1 GENERAL CONDITIONS Pagc 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 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 Iimitation, 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. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mash 9,2020 00 72 00 - 1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required. All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than I5 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 CIaim, 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 CIaim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 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 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: Mawh9, 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 WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included.• The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0 LB, 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: I. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CPTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICA"IION DOCUMENTS Revision: M=h 9, 2020 007200-1 GENERAL CONDITIONS Page 42 of 63 d. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. Costs of special consultants (including but not limited to engineers, architects, testing Iaboratories, 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 Iiable 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: Match 9, 2020 007200-1 GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded.• The term Cost of the Work shall not include any of the following items: 1. PayrolI costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.1 or specifically covered by Paragraph 11.01.A.A, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.0l.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: it is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: crry OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Macho, 2020 00 72 00 - I GENERAL CONDITIONS Pagc 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. CrIY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Mach 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 45 o£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 PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: lV��uch 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: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0l .C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2, if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT" WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Mw19,2020 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 11.10I.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 11.0I.A.6, and 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: NImh9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 48 of 63 .ARTICLE 13 -- TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or 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 I3.03 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. C= OF FORT WORTH STANDARDCONSTRUCT[ON SPECIFICATION DOCUMENTS Revision: Mmh9, 2020 007200- ] 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. l . 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 SPFCIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the 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 PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 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 of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9,2020 0012 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 Iegitimate 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: March9,2020 00 72 00 - 1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 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 STANTDARD CONSTRUCTION SPECIFICATTON DOCUMENTS Revision: Mash 9,2020 00 72 00 - 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 recominended; 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 SPE CIPICATION DOCUMENTS Revision: Mawh9,2020 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.I, 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 L0 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. CTTY Or, FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b- consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Maxh9, 2020 0072CO-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 iS — 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 F'OR'I' WOIZI'H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: M=h 9, 2020 007200- 1 GENERAL CONDITIONS Page 58 of63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination: for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-201 l established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or S. 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. 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 CrrY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Match 9, 2020 007200- l GENERAL COND€TIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 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 WORTI I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Much 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; d. 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: Mmh9,2020 007200-1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 --- DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. 1f 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 10.06.13 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: MaO9,2020 007200-1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Maich 9, 2020 0072CQ-I GENERAL CONDITIONS Pap 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 73 00 - 1 SUPPLEMENTARY CONDMONS Page 1 of 6 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 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 Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern. over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of September 18, 2018: 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" Utilities or obstructions to be removed, adjusted, and/or relocated CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROTECT CPrY PROJECT NO. 102881 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3❑ 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 007300-2 SUPPLEMENTARY CONDITIONS Page 2 or 6 The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of September 18, 2018 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4,02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: A "None" Report No. , dated , prepared by "None", a sub -consultant of "None" a consultant of the City, providing additional information on "None" The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: "None" SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: "None" SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant "None" (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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 6 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.0413., 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 Ieast: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks "None" The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: Required for this Contract N/A NIA X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: With respect to the above outlined insurance requirements, the following shall govern: CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROTECT CITY PROTECT NO. 102891 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 007300-4 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 tine 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: GC 6.07: 2013 Prevailing Wage Rates (Heavy and Highway Construction Project) A copy of the table is also available by accessing the City's website at: https://apps.fortworthtexas.gov/PrqiectResources/ You can access the file by following the directory path: 02-Construction Documents/Specifications/DivOO — 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. Fort Worth City Street use Permit SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: "None" CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPFCIFICATION DOCUMENTS RESTORATION PROJECT CITY PROJECT NO. 102891 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 6 1 2 SC-6.09C. "Outstanding permits and licenses" 3 4 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of March 18, 5 2020- 6 7 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION 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 "None" SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: "None" Vendor Scope of Work Coordination Authority None None None SC-8.01, "Communications to Contractor" None SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Tariqul Islam or his successor pursuant to written notification from the Director of Transportation and Public Works SC-13.03C., "Tests and Inspections" "None" SC-16.01C.1, "Methods and Procedures" fi llr=a END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2021 FOSS11L CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT CITY PROJECT NO. 102881 007300-6 SUPPLEMENTARY CONDITIONS Page 6 or 6 112212016 I F. Griffin ISC-9.01., "City's Project Representative" wording changed to City's Project CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2021 FOSSIL CREEK BOULEVARD CONCRETE, RESTORATION PROJECT C17PY PROJECT NO. 102881 01 11 00 - 1 SUMMARY OF WORK Page I of 3 1 SECTION 011100 2 SUMMARY OF WORK 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fart Worth Standard Specification 8 1,., dftd,12A`iION ACT :DEMOBILIZA'TION SHAI..L BE SUBSIDI1I.RY TO 9 TWS PI2OJl.(__'I' PA I'TLMS. NO SL-TM ARATE PAY- Nc).PAYLN'I' WLLL BE 10 MA1)E FOR M[)1311,1ZA-1 ION AND 13FMOBI].,IZATION I-'R0M ON 11 I.t ]('.'t'l ONTO A fdt'I'I IER IN CV(.tITAi. PRO(' (F l}1?IIa012 CvfflV(1 1T]1 12 WORK_ RIhTOBILIZATION PAY ITEM SILALL BE PAID FOR SUSPENSION 13 OF 1WaRx fiPEcrF.icALLY REQUIRED IN T[LE, CONTRACT DOCLTMF31,17S 14 QR AS REQUMED BY TI3E CITY. 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. Work Covered by Contract Documents 25 1. Work is to include furnishing all labor, materials, and equipment, and performing 26 all Work necessary for this construction project as detailed in the Drawings and 27 Specifications. 28 B. Subsidiary Work 29 1. Any and all Work specifically governed by documentary requixements for the 30 project, such as conditions imposed by the Drawings or Contract Documents in 31 which no specific item for bid has been provided for in the Proposal and the item is 32 not a typical unit bid 'item included on the standard bid item list, then the item shall 33 be considered as a subsidiary item of Work, the cost of which shall be included in 34 the price bid in the Proposal for various bid items. 35 2. MOBILIZATION AND DEMOBILIZATION SHALL NOT BE PAID DIRECTLY 36 BUT SHALL BE CONSIDERED SUBSIDIARY TO THE MAJOR ITEMS OF 37 WORK. NO PAYMENT WILL BE MADE FOR MOBILIZATION AND 38 DEMIBILIZATION FROM ONE LOCATION TO ANOTHER IN NORMAL 39 PROGRESS OF PERFORMING THE WORK. CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 01 11 00 - 2 SUMMARY OF WORK Page 2 of 3 1 C. Use of Premises 2 1. Coordinate uses of premises under direction of the City. 3 2. Assume full responsibility for protection and safekeeping of materials and 4 equipment stored on the Site. 5 3. Use and occupy only portions of the public streets and alleys, or other public places 6 or other rights -of -way as provided for in the ordinances of the City, as shown in the 7 Contract Documents, or as may be specifically authorized in writing by the City. 8 a. A reasonable amount of tools, materials, and equipment for construction 9 purposes may be stored in such space, but no more than is necessary to avoid 10 delay in the construction operations. 11 b. Excavated and waste materials shall be stored in such a way as not to interfere 12 with the use of spaces that may be designated to be left free and unobstructed 13 and so as not to inconvenience occupants of adjacent property. 14 c. if the street is occupied by railroad tracks, the Work shall be carried on in such 15 manner as not to interfere with the operation of the railroad. 16 1) All Work shall be in accordance with railroad requirements set forth in 17 Division 0 as well as the railroad permit. 18 D. Work within Easements 19 1. Do not enter upon private property for any purpose without having previously 20 obtained permission from the owner of such property. 21 2. Do not store equipment or material on private property unless and until the 22 specified approval of the property owner has been secured in writing by the 23 Contractor and a copy furnished to the City. 24 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 25 obstructions which must be removed to make possible proper prosecution of the 26 Work as a part of the project construction operations. 27 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 28 lawns, fences, culverts, curbing, and all other types of structures or improvements, 29 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 30 appurtenances thereof, including the construction of temporary fences and to all 31 other public or private property adjacent to the Work. 32 5. Notify the proper representatives of the owners or occupants of the public or private 33 lands of interest in lands which might be affected by the Work. 34 a. Such notice shall be made at least 48 hours in advance of the beginning of the 35 Work. 36 b. Notices shall be applicable to both public and private utility companies and any 37 corporation, company, individual, or other, either as owners or occupants, 38 whose land or interest in land might be affected by the Work. 39 c. Be responsible for all damage or injury to property of any character resulting 40 from any act, omission, neglect, or misconduct in the manner or method or 41 execution of the Work, or at any time due to defective work, material, or 42 equipment. 43 6. Fence 44 a. Restore all fences encountered and removed during construction of the Project 45 to the original or a better than original condition. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 011100-3 SUMMARY OF WORK Page 3 of 3 1 b. Erect temporary fencing in place of the fencing removed whenever the Work is 2 not in progress and when the site is vacated overnight, and/or at all times to 3 provide site security. 4 c. The cost for all fence work within casements, including removal, temporary 5 closures and replacement, shall be subsidiary to the various items bid in the 6 project proposal, unless a bid item is specifically provided in the proposal. 7 1.5 SUBMITTALS [NOT USED] 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE [NOT USED] 12 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY [NOT USED] 15 PART 2 - PRODUCTS [NOT USED] 16 PART 3 - EXECUTION [NOT USED] 17 18 19 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 01 25 00 - 1 SUBSTITUTION PROCEDURES Page 1 of 4 1 SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 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 I -- General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution - General 26 1. Within 30 days after award of Contract (unless noted otherwise), the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors, trade names, or 31 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or -equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or -equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 012500-2 SUBsTPTUTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTS 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102891 012500-3 SUBSTITUTION PROCEDURES Page 3 of 4 1 4. No additional contract time will be given for substitution. 2 5. Substitution will be rejected if: 3 a. Submittal is not through the Contractor with his stamp of approval 4 b. Request is not made in accordance with this Specification Section 5 c. In the City's opinion, acceptance will require substantial revision of the original 6 design 7 d. In the City's opinion, substitution will not perform adequately the function 8 consistent with the design intent 9 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] 11 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product, the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified, and that it will perform function for which 17 it is intended 1.8 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work, to include building 20 modifications if necessary, making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 25 111 FIELD [SITE] CONDITIONS [NOT USED 26 112 WARRANTY [NOT USED] 27 PART 2 - PRODUCTS [NOT USED] 28 PART 3 - EXECUTION [NOT USE, 29 30 31 END OF SECTION Revision Log DATE NA-N1E SUMMARY OF CHANCE CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 012500-4 SUBSTITUTION PROCEDURES Page 4 of 4 1 EXHIBIT A 2 REQUEST FOR SUBSTITUTION FORM: 3 4 TO: 5 PROJECT: DATE: 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 1 I Proposed Substitution: 12 Reason for Substitution: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 Recommended Recommended Not recommended Received late By Date _ Remarks Date Rejected CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 013119 PRECONSTRUCTION MEETING 013119-1 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 I m- General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 1.4 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 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Coordination I, 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 2O21 FOSSII. CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised August 17, 2012 CITY PROJECT NO. 102881 013119-2 PRECONSTRUCTION MEETING Page 2 of 3 1 e. Other City representatives 2 f. Others as appropriate 3 4. Construction Schedule 4 a. Prepare baseline construction schedule in accordance with Section 0132 16 and 5 provide at Preconstruction Meeting. 6 b. City will notify Contractor of any schedule changes upon Notice of 7 Preconstruction Meeting. 8 5. Preliminary Agenda may include: 9 a. Introduction of Project Personnel 10 b. General Description of Project 11 c. Status of right-of-way, utility clearances, easements or other pertinent permits 12 d. Contractor's work plan and schedule 13 e. Contract Time 14 f. Notice to Proceed 15 g. Construction Staking 16 h. Progress Payments 17 i. Extra Work and Change Order Procedures 18 j. Field Orders 19 k. Disposal Site Letter for Waste Material 20 1. Insurance Renewals 21 m. Payroll Certification 22 n. Material Certifications and Quality Control Testing 23 o. Public Safety and Convenience 24 p. Documentation of Pre -Construction Conditions 25 q. Weekend Work Notification 26 r. Legal Holidays 27 s. Trench Safety Plans 28 t. Confined Space Entry Standards 29 u. Coordination with the City's representative for operations of existing water 30 systems 31 v. Storm Water Pollution Prevention Plan 32 w. Coordination with other Contractors 33 x. Early Warning System 34 y. Contractor Evaluation 35 z. Special Conditions applicable to the project 36 aa. Damages Claims 37 bb. Submittal Procedures 38 cc. Substitution Procedures 39 dd. Correspondence Routing 40 ee. Record Drawings 41 ff. Temporary construction facilities 42 gg. M/WBE or MBE/SBE procedures 43 hh. Final Acceptance 44 ii. Final Payment 45 J. Questions or Comments CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised August 17, 2012 CITY PROJECT NO. 102881 013119-3 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] 9 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 I SUMMARY OF CHANGE CITY OF PORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised August 17, 2012 CIFY PROJECT NO. 102881 013120-1 PROJECT MEETINGS Page 1 of 3 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 A. Coordination 21 1. Schedule, attend and administer as specified, periodic progress meetings, and 22 specially called meetings throughout progress of the Work. 23 2. Representatives of Contractor, subcontractors and suppliers attending meetings 24 shall be qualified and authorized to act on behalf of the entity each represents. 25 3. Meetings administered by City may be tape recorded. 26 a. If recorded, tapes will be used to prepare minutes and retained by City for 27 future reference. 28 4. Meetings, in addition to those specified in this Section, may be held when requested 29 by the City, Engineer or Contractor. 30 B. Pre -Construction Neighborhood Meeting 31 1. After the execution of the Agreement, but before construction is allowed to begin, 32 attend 1 Public Meeting with affected residents to: 33 a. Present projected schedule, including construction start date 34 b. Answer any construction related questions 35 2. Meeting Location 36 a. Location of meeting to be determined by the City. 37 3. Attendees 38 a. Contractor CITY OF PORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102891 013120-2 PROJECT MEETINGS Page 2 of 3 1 b. Project Representative 2 c. Other City representatives 3 4. Meeting Schedule 4 a. In general, the neighborhood meeting will occur within the 2 weeks following 5 the pre -construction conference. 6 b. In no case will construction be allowed to begin until this meeting is held. 7 C. Progress Meetings 8 1. Formal project coordination meetings will be held periodically. Meetings will be 9 scheduled and administered by Project Representative. 10 2. Additional progress meetings to discuss specific topics will be conducted on an as- 11 needed basis. Such additional meetings shall include, but not be limited to: 12 a. Coordinating shutdowns 13 b. Installation of piping and equipment 14 c. Coordination between other construction projects 15 d. Resolution of construction issues 16 e. Equipment approval 17 3. The Project Representative will preside at progress meetings, prepare the notes of 18 the meeting and distribute copies of the same to all participants who so request by 19 fully completing the attendance form to be circulated at the beginning of each 20 meeting. 21 4. Attendance shall include: 22 a. Contractor's project manager 23 b. Contractor's superintendent 24 c. Any subcontractor or supplier representatives whom the Contractor may desire 25 to invite or the City may request 26 d. Engineer's representatives 27 c. 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 In. 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 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 01 31 20-3 PROJECT MEETINGS Page 3 of 3 6. Meeting Schedule a. Progress meetings will be held periodically as determined by the Project Representative. 1) Additional meetings may be held at the request of the: a) City b) Engineer c) Contractor 7. Meeting Location a. The City will establish a meeting location. 1) To the extent practicable, meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, ,STORAGE, AND HANDLING [NOT USED] 111 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY f NOT USED] PART 2 - PRODUCTS [NOT USED] 20 PART 3 - EXECUTION [NOT USED] 21 22 23 END OF SECTION Revision Log I DATE NAME I SUMMARY OF CHANGE CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102891 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0132 33 PRECONSTRUCTION VIDEO 01 32 33 - 1 PRECONSTRUCTION VIDEO Page 1 of 2 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 preconstructiou video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 013300-1 S UBMPPTALS Page I of 8 1 SECTION 0133 00 2 SUBMITTALS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work -related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES is A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 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'/2 inches x 11 inches to 8 1/2 inches x 1 linches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items / Table of Contents 44 c. Product Data /Shop Drawings/Samples /Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRE'rE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 013300-3 SUBMITTALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of: 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom -prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 1. 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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 013300-4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational -range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare -parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include, but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 1. 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 1. 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 2O21 FOSSIL. CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROTECT Revised December 20, 2012 CITY PROJECT NO. 102881 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 013300-5 SUBMITTALS Page 5 of 8 a. Shop Drawings I) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract, a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT wOWFH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 013300-6 SUBMITTALS Page 6 of 8 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however, all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however, all notations and comments must be incorporated into the 12 final product, 13 b) This resubmittal is to address all comments, omissions and 14 non -conforming items that were noted. 15 c) Reuubmittal is to be received by the City within 15 Calendar Days of 16 the date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittais 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense, based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 alI such fees invoiced by the City. 36 c. The need for more than 1 resubmission or any other delay in obtaining City's 37 review of submittals, will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial, at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor, and Will be considered "Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents, then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 013300-7 SUBMITTALS Page 7 of 8 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 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 I) 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 INOT USED] 34 19 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING INOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 1 PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION 4 01 33 00 - 8 SUBMITTALS Page 8 of 8 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson I.4.K.8. Working Days modified to Calendar Days CITY OF PORT WORTFI 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO, 102881 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 8 1 SECTION 0135 13 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 I — 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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102891 01 35 13 - 2 SPECIAL PROJECT PROCEDURES Page 2of8 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 2) 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 (more 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 fines CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPE0FICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 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 35 13-3 SPECIAL PROJECT PROCEDURES Page 3 of 8 a. Notification shall be given to: 1) The power company (example. ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de -energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Air Pollution Watch Days 1. General a. Observe the following guidelines relating to working on City construction sites on days designated as "AIR POLLUTION WATCH DAYS". b. Typical Ozone Season 1) May 1 through October 31. c. Critical Emission Time 1) 6:00 a.m. to 10:00 a.m. 2. Watch Days a. The Texas Commission on Environmental Quality (TCEQ), in coordination with the National Weather Service, will issue the Air Pollution Watch by 3:00 p.m, on the afternoon prior to the WATCH day. b. Requirements 1) Begin work after 10:00 a.m. whenever construction phasing requires the use of motorized equipment for periods in excess of 1 hour. 2) However, the Contractor may begin work prior to 10:00 a.m. if: a) Use of motorized equipment is less than 1 hour, or b) If equipment is new and certified by EPA as "Low Emitting", or equipment burns Ultra Low Sulfur Diesel (ULSD), diesel emulsions, or alternative fuels such as CNG. E. TCEQ Aar Permit 1. Obtain TCEQ Air Permit for construction activities per requirements of TCEQ. F. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 0131 13 G. Water Department Coordination CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 20I2 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 013513-4 SPECIAL PROJECT PROCEDURES Page 4 of 8 I 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 sex vice 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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 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 01 35 13-5 SPECIAL PROJECT PROCEDURES Page 5 of 8 b, Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f. Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. J. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required, meet all requirements set forth in each designated permit. K. Coordination within Railroad Permit Areas I. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of anal/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. 3. Railroad Flagmen a. Submit receipts to City for verification of working days that railroad flagmen were present on Site. L. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b, 1f wet saw cutting is performed, capture and properly dispose of slurry. M. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 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 JAB —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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 8 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT ¢TELEPHONE NO.> OR Mr. ¢CITY INSPECTORS AT < TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20.2012 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102891 I 3 4 013513-8 SPECIAL PROJECT PROCEDURES Page 8 of 8 EXHIBIT B ORT WORTE� Dora [go. xxxx Project Igoe: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: 14IR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) ('TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 CONTRACTOR 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102891 01 45 23 - 1 TESTING AND INSPECTION SERVICES Page I of 2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes-. 6 1. Testing and inspection services procedures and coordination 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 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 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2, Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City's Buzzsaw site, or another external FTP site approved by 38 the City. CrrY OF FORT WORTFI 2021 FOSSIL CREED BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102981 014523-2 TESTING AND INSPECTION SERVICES Page 2 of 2 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution (if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City's Project Representative 10 4. Provide City's Project Representative with trip tickets for each delivered load of I I Concrete or Lime material including the following information. 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USE, 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 USE, 26 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 9 30 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMFNTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 1 SECTION 0150 00 2 TEMPORARY FACILITIES AND CONTROLS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 1 I 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 USE, 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 I) Contact City I week before water for construction is desired CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 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 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 C `Y PROJECT NO. 102881 015000-3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 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 USE, 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] t5 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 [oRl 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 CrI Y OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised .Tiny 1, 2011 CITY PROJECT NO. 102881 015000-4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1 1. Remove all temporary facilities and restore area after completion Of the Work, to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 313 MAINTENANCE [NOT USE, S 3.14 ATTACHMENTS [NOT USED] CI 7 8 END OF SECTION Revision Log DATE NAME I SUMMARY OF CHANGE CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July I, 2011 CITY PROJECT NO. 102881 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART1- 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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102981 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/INF'ORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11. FIELD [SITE] CONDITIONS [NOT USE, 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 2021 FOSSIL. CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 015526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 015713-1 STORM WATER POLLUTION PREVENTION Page 1 of 3 1 SECTION 0157 13 2 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: b 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 -- Bidding Requirements, Contract Forms and Conditions of the 11 Contract 12 2. Division 1 — General Requirements 13 3. Section 3125 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than I 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 I . 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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 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 0157I3-2 STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than I acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 0133 00, except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 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 SUBMITTALSANF, ORMATIONAL SUBMITTALS [NOT USE, 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] 4 111 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] I I PART 2 - PRODUCTS [NOT USED] 12 PART 3 - EXECUTION [NOT USED] 13 14 15 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 0I 58 13- 1 TEMPORARY PROJECT SIGNAGE Page 1 of 3 1 SECTION 0158 13 2 TEMPORARY PROJECT SIGNAGE 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. 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 [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 19 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 21 OWNER -FURNISHED [OR] 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 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCK MENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 015813-2 TEMPORARY PROJECT SIGNACE Page 2 of 3 1 B. Materials 2 1. Sign 3 a. Constructed of 3/n-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USE, 6 PART 3 - EXECUTION 7 31 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 FOR] 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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 015813-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO, 102881 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0160 00 PRODUCT REQUIREMENTS 01 60 00 - 1 PRODUCT REQUIREMENTS Page 1 of 2 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources102 - Construction DocumentslStandard Products List 17 B. Only products specifically included on City's Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City's Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City's Standard Product List. 25 D. Although a specific product is included on City's Standard Product List, not all 26 products from that manufacturer are approved for use, including but not limited to, that 27 manufacturer's standard product. 28 E. See Section 0133 00 for submittal requirements of Product Data included on City's 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102891 01 b000-2 PRODUCT REQUIREMENTS Page 2 of 2 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] b END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE I0/12/12 D. Johnson Modified Location of City's Standard Product List CITY OF FORT WOR'I'H 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 017000-1 MOBILIZATION AND REMOBILIZATION Page 1 of 4 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PARTI- 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 I 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) Standby or idle time 43 c) Lost profits 44 3. Mobilizations and Demobilization for Miscellaneous Projects 45 a. Mobilization and Demobilization CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised November 22, 2016 CITY PROJECT NO. 102881 01 70 00 - 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 I — 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 1. 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 36 OMMITTED 37 38 2) The work performed and materials furnished for demobilization in 39 accordance with this Item are subsidiary to the various Items bid and no other 40 compensation will be allowed. 41. 2. Remobilization for suspension of Work as specifically required in the Contract 42 Documents 43 a. Measurement 44 1) Measurement for this Item shall be per each remobilization performed. 45 b. Payment CITY OF FORT WORTH 2O21 FOSSIL, CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROTECT Revised November 22, 2D16 CITY PROTECT NO. 102881 017000-3 MOBILIZATION AND REMOBILIZATION Pago 3 of 4 1 1) The work performed and materials furnished in accordance with this Item 2 and measured as provided under "Measurement" will be paid for at the unit 3 price per each "Specified Remobilization" in accordance with Contract 4 Documents. 5 c. The price shall include: 6 1) Demobilization as described in Section I.l.A.2.a.1) 7 2) Remobilization as described in Section I.I.A.2.a.2) 8 d. No payments will be made for standby, idle time, or lost profits associated this 9 Item. 10 3. Remobilization for suspension of Work as required by City 11 a. Measurement and Payment 12 1) This shall be submitted as a Contract Claim in accordance with Article 10 13 of Section 00 72 00. 14 2) No payments will be made for standby, idle time, or lost profits associated 15 with this Item. 16 4. Mobilizations and Demobilizations for Miscellaneous Projects 17 a. Measurement 18 1) Measurement for this Item shall be for each Mobilization and 19 Demobilization required by the Contract Documents 20 b. Payment 21 1) The Work performed and materials furnished in accordance with this Item 22 and measured as provided under "Measurement" will be paid for at the unit 23 price per each "Work Order Mobilization" in accordance with Contract 24 Documents. Demobilization shall be considered subsidiary to mobilization 25 and shall not be paid for separately. 26 c. The price shall 'include: 27 1) Mobilization as described in Section 1.1.A.3.a.1) 28 2) Demobilization as described in Section 1.I.A.3.a.2) 29 d. No payments will be made for standby, idle time, or Iost profits associated this 30 Item. 31 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 32 a. Measurement 33 1) Measurement for this Item shall be for each Mobilization and 34 Demobilization required by the Contract Documents 35 b. Payment 36 1) The Work performed and materials furnished in accordance with this Item 37 and measured as provided under "Measurement" will be paid for at the unit 38 price per each "Work Order Emergency Mobilization" in accordance with 39 Contract Documents. Demobilization shall be considered subsidiary to 40 mobilization and shall not be paid for separately. 41 c. The price shall include 42 1) Mobilization as described in Section 1.1.A.4.a) 43 2) Demobilization as described in Section 1.1.A.3.a.2) 44 d. No payments will be made for standby, idle time, or lost profits associated this 45 Item. 46 1.3 REFERENCES [NOT USED] 47 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised November 22, 2016 CITY PROJECT NO. 102881 01 70 00 - 4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 1 1.5 SUBMITTALS [NOT USED] 2 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 11/22/16 Michael Owen 1.2 Price and Payment Procedures - Revised specification, including blue text, to make specification flexible for either subsidiary or paid bid item for Mobilization. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROTECT Revised November 22, 2016 CITY PROTECT NO. 102681 017123-1 CONSTRUCTION STAKING AND SURVEY Page 1 of 8 1 SECTION 017123 2 CONSTRUCTION STAKING AND SURVEY 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Requirements for construction staking and construction survey 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 --- Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division I General Requirements 1.2 1,2 PRICE AND PAYMENT PROCEDURES t3 A. Measurement and Payment 14 1. Construction Staking 15 a. Measurement 16 1) Measurement for this Item shall be by lump sum. 17 b. Payment 18 1) The work performed and the materials furnished in accordance with this 19 Item shall be paid for at the lump sum price bid for "Construction Staking". 20 2) Payment for "Construction Staking" shall be made in partial payments 21 prorated by work completed compared to total work included in the lump 22 sum item. 23 c. The price bid shall include, but not be limited to the following: 24 1) Verification of control data provided by City. 25 2) Placement, maintenance and replacement of required stakes and markings 26 in the field. 27 3) Preparation and submittal of construction staking documentation in the 28 form of "cut sheets" using the City's standard template. 29 2, Construction Survey 30 a. Measurement 31 1) This Item is considered subsidiary to the various Items bid. 32 b. Payment 33 1) The work performed and the materials furnished in accordance with this 34 Item are subsidiary to the various Items bid and no other compensation will be 35 allowed. 36 3. As -Built Survey 37 a. Measurement 38 1) Measurement for this Item shall be by lump sum. 39 b. Payment 40 1) The work performed and the materials furnished in accordance with this 41 Item shall be paid for at the lump sum price bid for "As -Built Survey". CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised February 14, 2018 CITY PROJECT NO. 102881 017123-2 CONS`RUCTION STAKING AND SURVEY Page 2 of 8 1 2) Payment for "Construction Staking" shall be made in partial payments 2 prorated by work completed compared to total work included in the lump sum 3 item. 4 c. The price bid shall include, but not be limited to the following:: 5 1) Field measurements and survey shots to identify location of completed 6 facilities. 7 2) Documentation and submittal of as -built survey data onto contractor redline 8 plans and digital survey files. 9 10 1.3 REFERENCES 11 A. Definitions 12 1. Construction Survey - The survey measurements made prior to or while 13 construction is in progress to control elevation, horizontal position, dimensions and 14 configuration of structures/improvements included in the Project Drawings. 15 2. As -built Survey The measurements made after the construction of the 16 improvement features are complete to provide position coordinates for the features 17 of a project. 18 3. Construction Staking — The placement of stakes and markings to provide offsets 19 and elevations to cut and fill in order to locate on the ground the designed 20 structures/improvements included in the Project Drawings. Construction staking 21 shall include staking easements and/or right of way if indicated on the plans. 22 4. Survey "Field Checks" — Measurements made after construction staking is 23 completed and before construction work begins to ensure that structures marked on 24 the ground are accurately located per Project Drawings. 25 B. Technical References 26 1. City of Fort Worth — Construction Staking Standards (available on City's Buzzsaw 27 website) — 01 71 23.16.01 Attachment A_Survey Staking Standards 28 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available 29 on City's Buzzsaw website). 30 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 31 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land 32 Surveying in the State of Texas, Category 5 33 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. The Contractor's selection of a surveyor must comply with Texas Government 36 Code 2254 (qualifications based selection) for this project. 37 1.5 SUBMITTALS 38 A. Submittals, if required, shall be in accordance with Section 0133 00. 39 B. All submittals shall be received and reviewed by the City prior to delivery of work. 40 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 41 A. Field Quality Control Submittals CITY OF FORT WORTH 2O21 FOSSII, CREED BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised February 14, 2018 CITY PROJECT NO. 10288I 017123--3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 1 1. Documentation verifying accuracy of field engineering work, including coordinate 2 conversions if plans do not indicate grid or ground coordinates. 3 2. Submit "Cut -Sheets" conforming to the standard template provided by the City 4 (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 5 1.7 CLOSEOUT SUBMITTALS 6 B. As -built Redline Drawing Submittal 7 1. Submit As -Built Survey Redline Drawings documenting the locations/elevations of 8 constructed improvements signed and sealed by Registered Professional Land 9 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A 10 — Survey Staking Standards) . 11 2. Contractor shall submit the proposed as -built and completed redline drawing 12 submittal one (1) week prior to scheduling the project final inspection for City 13 review and comment. Revisions, if necessary, shall be made to the as -built redline 14 drawings and resubmitted to the City prior to scheduling the construction final 15 inspection. 16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED 17 1.9 QUALITY ASSURANCE 18 A. Construction Staking 19 1. Construction staking will be performed by the Contractor. 20 2. Coordination 21 a. Contact City's Project Representative at Ieast one week in advance notifying 22 the City of when Construction Staring is scheduled. 23 b. It is the Contractor's responsibility to coordinate staking such that 24 construction activities are not delayed or negatively impacted. 25 3. General 26 a. Contractor is responsible for preserving and maintaining stakes. If City 27 surveyors are required to re -stake for any reason, the Contractor will be 28 responsible for costs to perform staking. If in the opinion of the City, a 29 sufficient number of stakes or markings have been lost, destroyed disturbed or 30 omitted that the contracted Work cannot take place then the Contractor will be 31 required to stake or re -stake the deficient areas. 32 B. Construction Survey 33 1. Construction Survey will be performed by the Contractor. 34 2. Coordination 35 a. Contractor to verify that horizontal and vertical control data established in the 36 design survey and required for construction survey is available and in place. 37 3. General 38 a. Construction survey will be performed in order to construct the work shown 39 on the Construction Drawings and specified in the Contract Documents. 40 b. For construction methods other than open cut, the Contractor shall perform 41 construction survey and verify control data including, but not limited to, the 42 following: 43 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised February 14, 2018 CITY PROJECT NO. 1028KI 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 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 FORTWORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 1 b. The Contractor shall provide as -built survey including the elevation and 2 location (and provide written documentation to the City) of construction 3 features after the construction is completed including the following: 4 1) Manholes 5 a) Rim and flowline elevations and coordinates for each manhole 6 2) Water Lines 7 a) Cathodic protection test stations 8 b) Sampling stations 9 c) Meter boxes/vaults (All sizes) 10 d) Fire hydrants 11 e) Valves (gate, butterfly, etc.) 12 f) Air Release valves (Manhole rim and vent pipe) 13 g) Blow off valves (Manhole rim and valve lid) 14 h) Pressure plane valves 15 i) Underground Vaults 16 (1) Rim and flowline elevations and coordinates for each 17 Underground Vault. 18 3) Sanitary Sewer 19 a) Cleanouts 20 (1) Rim and flowline elevations and coordinates for each 21 b) Manholes and Junction Structures 22 (1) Rim and flowline elevations and coordinates for each 23 manhole and junction structure. 24 4) Stormwater — Not Applicable 25 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 26 1.11 FIELD [SITE1 CONDITIONS [NOT USED] 27 112 WARRANTY 28 PART 2 - PRODUCTS 29 A. A construction survey will produce, but will not be limited to: 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 PORT WORTH 2021 FOSSIL. CREEL{ BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised February 14, 2018 CITY PROJECT NO. 102881 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 1 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 2 standard templates, if available) 3 6. Survey files shall include vertical and horizontal data tied to original project 4 controI and benchmarks, and shall include feature descriptions 5 PART 3 - EXECUTION 6 3.1 INSTALLERS 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 A. Tolerances: 1. 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 cartbwork 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, aIIeys 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 in close 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. I. 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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised February 14, 2018 CITY PROJECT NO. 102881 017123-7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 1 3.2 EXAMINATION [NOT USED] 2 3.3 PREPARATION [NOT USED] 3 3.4 APPLICATION 4 3.5 REPAIR / RESTORATION 5 A. If the Contractor's work damages or destroys one or more of the control 6 monuments/points set by the City, the monuments shall be adequately referenced for 7 expedient restoration. 8 1. Notify City if any control data needs to be restored or replaced due to damage 9 caused during construction operations. 10 a. Contractor shall perform replacements and/or restorations. 11 b. The City may require at any time a survey "Field Check" of any monument 12 or benchmarks that are set be verified by the City surveyors before further 13 associated work can move forward. 14 3.6 RE -INSTALLATION [NOT USED] 15 3.7 FIELD [oR1 SITE QUALITY CONTROL 16 A. It is the Contractor's responsibility to maintain all stakes and control data placed by the 17 City in accordance With this Specification. This includes easements and right of way, if 18 noted on the plans. 19 B. Do not change or relocate stakes or control data Without approval from the City. 20 3.8 SYSTEM STARTUP 21 A. Survey Checks 22 1. The City reserves the right to perform a Survey Check at any time deemed 23 necessary. 24 2. Checks by City personnel or Td party contracted surveyor are not intended to 25 relieve the contractor of his/her responsibility for accuracy. 26 27 3.9 ADJUSTING [NOT USED] 28 3.10 CLEANING [NOT USED] 29 3.11 CLOSEOUT ACTIVITIES [NOT USED] 30 312 PROTECTION [NOT USED] 31 3.13 MAINTENANCE [NOT USED] 32 3.14 ATTACHMENTS [NOT USED] 33 END OF SECTION 34 Revision Log MY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised February 14, 2018 CITY PROJECT NO. 102881 01 71 23-8 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 — PROi7UCCS ; 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February Id, 2018 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROTECT CITY PROTECT NO. 102881 FORTWORTH, Section 01 i1 23.01- Attachment A Survey Staking Standards February 2017 C:\Users\lslamT\AppData\Local\Temp\O1 7123.16.01_Attachment A_Survey Staking Standards.docx Page 1 of 22 These procedures are intended to provide a standard method for construction staking services associated with the City of Fort Worth projects. These are not to be considered all inclusive, but only as a general guideline. For projects on TXDOT right -of way or through joint TXDOT participation, adherence to the TXDOT Survey Manual shall be followed and if a discrepancy arises, the TXDOT manual shall prevail. (htt onlinemanuals.txdot. ov txdotmanuals ess ess. dfj If you have a unique circumstance, please consult with the project manager, inspector, or survey department at 817-392-7925. Table of Contents I. City of Fort Worth Contact Information II. Construction Colors III. Standard Staking Supplies IV. Survey Equipment, Control, and Datum Standards V. Water Staking VI. Sanitary Sewer Staking VI1. Storm Staking Vlll. Curb and Gutter Staking IX. Cut Sheets X. As -built Survey C:\Users\lslamT\AppData\Local\Temp\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 2 of 22 I. Survey Department Contact Information Physical and mailing address: 8851 Camp Bowie West Boulevard Suite 300 Fort Worth, Texas 76116 Office: (817) 392-7925 Survey Superintendent, direct line: (817) 392--8971 II. Construction Colors The following colors shall be used for staking or identifying features in the field. This includes flagging, paint of laths/stakes, paint of hubs, and any identification such as pin flags if necessary. Utility Color PROPOSED EXCAVATION WHITE ALL ELECTRIC AND CONDUITS r POTABLE WATER e GAS OR OIL YEI.LW TELEPHONE/FIBER OPTIC .ORANGE SURVEY CONTROL POINTS, BENCHMARKS, PROPERTY CORNERS, RIGHT-OF-WAYS, AND ALL PAVING INCLUDING CURB, SIDEWALK, BUILDING CORNERS PINK SANITARY SEWER ' • IRRIGATION AND RECLAIMED WATER Ill. Standard Staking Supplies Item Minimum size Lath/Stake 36" tall Wooden Hub (2"x2" min. square preferred) 6" tall Pin Flags (2.5" x 3.5" preferred) 21" long Guard Stakes Not required PK or Mag nails 1" long Iron Rods (1/2" or greater diameter) 18" long Survey Marking Paint Water -based Flagging 1" wide Marking Whiskers (feathers) 6" long Tacks (for marking hubs) 3/4" long C:\Users\lslamT\AppData\Local\Temp\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 3 of 22 IV. Survey Equipment, Control, and Datum Standards A. City Benchmarks All city benchmarks can be found here: http://fortworthtexas.Roy/itsolutions/G[S/ Look for 'Zoning Maps'. Under `Layers', expand'Basemap Layers', and check on 'Benchmarks'. B. Conventional or Robotic Total Station Equipment 1. A minimum of a 10 arc -second instrument is required. II. A copy of the latest calibration report may be requested by the City at any time. It is recommended that an instrument be calibrated by certified technician at least 1 occurrence every 6 months. C. Network/V.R.S. and static GPS Equipment I. It is critical that the surveyor verify the correct horizontal and vertical datum prior commencing work. A site calibration may be required and shall consist of at least 4 control points spaced evenly apart and in varying quadrants. Additional field checks of the horizontal and vertical accuracies shall be completed and the City may ask for a copy of the calibration report at any time. II. Network GPS such as the Western Data Systems or SmartNet systems may be used for staking of property/R.O.W, forced -main water lines, and rough -grade only. No GPS staking for concrete, sanitary sewer, storm drain, final grade, or anything that needs vertical grading with a tolerance of 0.25' or less is allowed. D. Control Points Set All control points set shall be accompanied by a lath with the appropriate Northing, Easting, and Elevation (if applicable) of the point set. Control points can be set rebar, 'X' in concrete, or any other appropriate item with a stable base and of a semi -permanent nature. A rebar cap is optional, but preferred if the cap is marked 'control point' or similar wording. Datasheets are required for all control points set. Datasheet should include: A. Horizontal and Vertical Datum used, Example: N.A.D.83, North Central Zone 4202, NAVD 88 Elevations B. Grid or ground distance. — If ground, provide scale factor used and base point coordinate, Example: C.S.F.=0.999125, Base point=North: 0, East=o C. Geoid model used, Example: GEOID12A C:\Users\lslamT\AppData\Local\Temp\O1 71 23.16.01 Attachment A_Survey Staking Standards.docx Page 4 of 22 E. Preferred Grid Datum Although many plan sets can be in surface coordinates, the City's preferred grid datum is listed below. Careful consideration must be taken to verify what datum each project is in prior to beginning work. It is essential the surveyor be familiar with coordinate transformations and how a grid/surface/assumed coordinate system affect a project. Projected Coordinate System: NAD_1983_StatePlane_Texas_North_Centrai_FIPS_4202_Feet Projection: Lambert_ Conformal —Conic Fa Ise_Easti ng: 1968500.00000000 False —Northing: 6561666.66666667 Central Meridian:-98.50000000 Standard Parallel 1: 32.13333333 Standard Parallel 2: 33.96666667 Latitude _Of Origin: 31.66666667 Linear Unit: Foot US Geographic Coordinate System: GCS _North American 1983 Datum: D North American 1983 Prime Meridian: Greenwich Angular Unit: Degree Note: Regardless of what datum each particular project is in, deliverables to the City must be converted/translated into this preferred grid datum. 1 copy of the deliverable should be in the project datum (whatever it may be) and 1 copy should be in the NAD83, TX North Central 4202 zone. See Preferred File Naming Convention below F. Preferred Deliverable Format txt csv dwg .job G. Preferred Data Format P,N, E,Z, D, N Point Number, Northing, Easting, Elevation, Description, Notes (if applicable) M. Preferred File Naming Convention This is the preferred format: City Project Number Description_Datum.csv Example for a proiect that has surface coordinates which must be translated: File 1: C1234 As -built of Water on Main Street Grid NAD83 TXSP 4202.csv File 2: C1234_As-built of Water on Main Street —Project Specific Datum.csv C.\Users\lslamT\AppData\Local\Temp\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 5 of 22 U Q m 1016 Example Control Stakes 0 rW w w EL. = 100. 00' w m Y a O LL ¢ J W O iiJ m 0 Q GP #1 N=5000.00 oW zw �Z: c� C) = U 1— � Ljj =o w < J Z LL- I. 1 < X U W IL' ckC O I Ell"IM, C:\Users\lslamT\AppData\Local\Temp\01. 71. 23.16.01_Attachment A_Survey Staking Standards.docx Page 6 of 22 V. Water Staking Standards A. Centerline Staking -- Straight Line Tangents I. Offset lath/stakes every 200' on even stations If. Painted blue lath/stake only, no hub is required Ill. Grade is to top of pipe (T/P) for 12" diameter pipes or smaller IV. Grade to flow line (F/L) for 16" and larger diameter pipes V. Grade should be 3.50' below the proposed top of curb line for 10" and smaller diameter pipes VI. Grade should be 4.00' below the proposed top of curb line for 12" and larger diameter pipes VII. Cut Sheets are required on all staking and a copy can be received from the survey superintendent Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking - Curves I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval If. Same grading guidelines as above III. Staking of radius points of greater than 100' may be omitted C. Water Meter Boxes 1. 7.0' perpendicular offset is preferred to the center of the box II. Center of the meter should be 3.0' behind the proposed face of curb III. Meter should be staked a minimum of 4.5' away from the edge of a driveway IV. Grade is to top of box and should be +0.06' higher than the proposed top of curb unless shown otherwise on the plans D. Fire Hydrants I. Center of Hydrant should be 3.0' behind proposed face of curb If. Survey offset stake should be 7.0' from the center and perpendicular to the curb line or water main III. Grade of hydrants should be +0.30 higher than the adjacent top of curb E. Water Valves & Vaults I. Offsets should be perpendicular to the proposed water main II. RIM grades should only be provided if on plans C:\Users\lslamAAppData\Local\Temp\0171 23,16.01_Attachment A_Survey Staking Standards.docx Page 7 of 22 LL w Example Water Stakes 7'O/SHWA 7' 4/S �- W/L k ��O k d 1 C--3.62 5TA-1+72.81 F C—&81 d � iatr E]..- 1t1t.96' w OL W LJi LJ a 3=3 CL W Z 2 4 O C:\Users\1siamT\AppData\Local\Temp\017123.16.D1_Attachment A_Survey Staking Standards.docx Page 8 of 22 V1. Sanitary Sever Staking A. Centerline Staking — Straight Line Tangents I. Inverts shall be field verified and compared against the plans before staking II. Painted green lath/stake WITH hub and tack or marker dot, no flagging required III. 1 offset stake between manholes if manholes are 400' or less apart IV. Offset stakes should be located at even distances and perpendicular to the centerline V. Grades will be per plan and the date of the plans used should be noted VI. If multiple lines are at one manhole, each line shall have a cut/fill and direction noted VII. Stakes at every grade break Vlll. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking — Curves I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval II. Staking of radius points of greater than 100' may be omitted C. Sanitary Sewer Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor II. Flowline grade should be on the lath/stake for each flowline and direction noted Ill. RIM grade should only be on the stake when provided in the plans C:\Users\lslamT\AppData\Local\Temp\017123.1bA1 Attachment A_Survey Staking Standards.docx Page 9 of 22 ft 0 z D 4c LL W 0 Example Sanitary Sewer Stakes VIC$ L9IDd 7' %S q- SS YLL U 0. 0 W W Y' V 9 1— 0 W 0 i L E+Os !I �, O-4u bi 0 2 O kLj r W. a. F F� Tr a AY2 C BOG N i 0. C:\Users\lslamT\AppData\Local\Temp\0171 23.16.01_Attachment A_Survey Staffing Standards.docx Page 10 of 22 4�aW ]L i =6� 8MUM z V11. Storm Sewer & Inlet Staking A. Centerline Staking — Straight Line Tangents 1. 1 offset stake every 200' on even stations li. Grades are to flowline of pipe unless otherwise shown on plans 111. Stakes at every grade break IV. Cut sheets are required on all staking Optional: Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking — Curves I. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval II. Staking of radius points of greater than 100' may be omitted C. Storm Drain Inlets 1. Staking distances should be measured from end of wing 11. Standard 10' Inlet = 16.00' total length Ill. Recessed 10' Inlet = 20.00' total length IV. Standard double 10' inlet = 26.67' total length V. Recessed double 10' inlet = 30.67' total length D. Storm Drain Manholes I. 2 offset stakes per manhole for the purpose of providing alignment to the contractor II. Flowline grade should be on the lath/stake for each flowline and direction noted III. RIM grade should only be on the stake when provided in the plans C:\Users\islamT\AppData\Local\Temp\D1 71 23.16.01_Attachment A Survey Staking Standards.docx Page 11 of 22 Example Storm Inlet Stakes FRONT (SIDE FACING CL) 0 0 M BACK (5DE FAUND R.CLW.) POINT H1JB ELEVArrrN HUB VATH TACK ICI DI BACK OF WF8 FLO%LINE IDENTIFIES WHICH END OF THE WHO BEING STAKED NQ FLAGGING REQUIRED IN LIEU OF PINK PAIN -FED LATH INLET STATION (IF NOTED ON PLANS) IDENTIFIES GRADE 70 TOP OF CURB TO CI-OWUNE MENRIFTS GRADE 111:9AUGES FOR INLEM BACK (SICIE FAUNr MGM.) PUNT 9 HUB K"ATUN FRONT (SIDE FACING GL) STANDARD 10 - 16 RECESSED 10' - 2V STANDARD 131OU5LE 1 0, 2"r 6,6 RECESSED DOUBLE wr 30.67= LET vI FACE OF INLET ;ACE 4 INLET EDGE OF PAVIaAENT I I EUM OF PAVEMENT C:\Users\lslamT\AppData\Local\Temp\01 71 23.16.01—Attachment A —Survey Staking Standards.docx Page 12 of 22 IDEN70FIES VHICH END OF THE YANG BEING STAKED BACK OF CURB EDGE OF PAVEMENT lull. Curb and Gutter Staking A. Centerline Staking— Straight line Tangents V. 1 offset stake every 50' on even stations VI. Grades are to top of curb unless otherwise shown on plans VI I. Stakes at every grade break Vlll. Cut sheets are required on all staking Optional. Actual stakes shall consist of a 60D nail or hub set with a whisker B. Centerline Staking— Curves III. If arc length is greater than 100', POC (Point of Curvature) offset stakes should be set at a 25' interval IV. Staking of radius points of greater than 100' may be omitted Example Curb & Gutter Stakes FRONT (SIDE FACING CL) 0 o FRONT roENTa7Es ERn FRONT {SDE FACMC T NCENT s! � FRONTa /1 (SIDE FACING IOEN71FIES 97AR7 ¢ FONT OF --ME PG SIDE FACING q L tx n o 9C C s n II PT + + 79 BE CK _ P Am OFFSET` !8 TO .. (SIDE FACING R.0.W,) I FGR FFACE ¢F CUPH FIC TJU O o POINT 0 � HUB, ELEVATION o BACK FACE OF CURB L J�— F ~— FLOKI NE EDGE OF PAVEMENT C:\Users\lslamT\AppData\Local\Temp\01 71 23.16.01 Attachment A Survey Staking Standards.docx Page 13 of 22 Example Curb & Gutter Stakes at Intersection 12 9US F !(y LL iv o/s m-A=2+50j F+09 W O z i3 ' 00 4 / rrti of xrvLsw x�n ,as I o ns JO NOV8 z SY� R � m LLWa � s 8i#AD J4 Nob'p I a3en1610 -AM .as I b W4 \W oXg 4a V'` 1u w cwi 00 •` ,Oi Cil C:\Users\islamT\AppData\Local\Temp\01 71 23.16.01 Attachment A Survey Staking Standards.docx Page 14 of 22 IX. Cut Sheets A. Date of field work B. Staking Method (GPS, total station) C. Project Name D. City Project Number (Example: C01234) E. Location (Address, cross streets, GPS coordinate) F. Survey company name G. Crew chief name H. A blank template can be obtained s -i the surrey superintendent (see item I above) Date: Standard City Cut Sheet City Project Number: Project Name: ❑ TOTAL Staking Method: ❑ GPS STATION ❑ OTHER LOCATION: CONSULTANT/CONTRACTOR SURVEY CREW INITIALS ALL GRADES ARE TO FLOWLINE OR TOP OF CURB UNLESS OTHERWISE NOTED. PT # STATION OFFSET DESCRIPTION PROP. STAKED _ CUT + FILL -LT/+RT GRADE ELEV. C:\Users\lslamT\AppData\Local\Temp\01 7123.16.01WAttachment A Survey Staking Standards.docx Page 15 of 22 X. As -built Surve A. Definition and Purpose The purpose of an as -built survey is to verify the asset was installed in the proper location and grade. Furthermore, the information gathered will be used to supplement the City's GIs data and must be in the proper format when submitted. See section 1V. As -built survey should include the following (additional items may be requested): Manholes Tap of pipe elevations every 250 feet Horizontal and vertical points of inflection, curvature, etc. (All Fittings) Cathodic protection test stations Sampling stations Meter boxes/vaults (All sizes) Fire lines Fire hydrants Gate valves (rim and top of nut) Plugs, stub -outs, dead-end lines Air release valves (Manhole rim and vent pipe) Blow off valves (Manhole rim and valve lid) Pressure plane valves Cleaning wyes Clean outs Casing pipe (each end) Inverts of pipes Turbo Meters C:\Users\lslamT\AppData\Local\Temp\01 71 23.16.01_Attachment A_Survey Staking Standards.docx Page 16 of 22 B. Example Deliverable A hand written red line by the field surveyor is acceptable in most cases. This should be a copy of the plans with the point number noted by each asset. If the asset is missing, then the surveyor should write "NOT FOUND" to notify the City. r In it 3 Diu t r s� a ` i gs P ,a 7 if,'� -'JET f tl C:�Users\lslamT\AppData\Local\Temp\017123.16.01_Attachment A_Survey Staking Standards.docx Page 17 of 22 S,A WWI MCRAMYINT STA WSTAD-WWL IFLA'D DPJ 57A&.Ox " lk,K 1F1D7P IM AERNE' Q SAWS EMT. jSi p�ppp, rE'K'A'ER f arik'ECf' rD EX15r:IF1111 FR ffiTlWrMME OYYf'tlla P. SLYAJ SiME STi4&2BIX-I"'. J,OyIJRiTZEENA +fL"X left t_ i Mrldl.+ F1E'CIE+N'i.Y3%'W 1'fE'6,ITEVAM&Fw 57A0+ h'b`.Al1M1E&71 4• MIA9SR9NP A'4&=/. zs AISTA1 925G3 152 £ 29Efi!/iSd E-Zg" o F rX rdar,cu F I are Tor &V 6 EL&.. 723M I wr ;R ! P "'• .wMPV--A OWO �•�Y+� � artery \$� �c { - rK l -cam �fs Rw f 1'MVE �FNEi �9 wr1 3+NGg1� ��1tl��9�.Yafl:ari A'RwS4OTw', �..�64 8 p�os�o �E s srrvAr "� SAWAW S y-F Ex CAFE VAME 1=_y 1. SEE SHE ellP3YfiF L2' r 1f7! A lG ` Q\ ?. SiA OrMM -:, n IFIPID M [Ss►'A D•S7£3 � 1EF SrA (mw - r- I'mi"MiD SfEEYE S1 ✓2�VFRT.t Yff f l&4Y* f.MD 67IF OF t'WArtR P#C h'Xr� AAi+EL'r TO &&5T.iS WATER F3 G,9xRA0 910"f MM9 lc- Aemm" C:\Users\lslamT\AppData\Local\Temp\017123.16.01_Attachment A_Survey Staking Standards.docx Page 18 of 22 q lit Iy�id 9i95 1' mill C:\Users\lslamT\AppData\Local\Temp\017123.16.01 Attachment A_Survey Staking Standards.docx Page 19 of 22 d UYTON W. [RD. x _ Iffim' 1 �I 'lip I INHOW Him. Z""'—^___: �L�:�_—y'•� Jar— — ---- —T— `� - y 3 T��` _ Lff E N -E_-_ USED! am NO MY SOME - noel H_ --_—__ _ rDNT-1991_— --_ —- Hm- N Im- —_------_ —_. _ --_-__- C:\Users\lslamT\AppData\Local\Temp\01 71 23.16.01—Attachment A —Survey Staking Standards.docx Page 20 of 22 Obviously the .csv or .txt file cannot be signed/sealed by a surveyor in the format requested. This is just an example and all this information should be noted when delivered to the City so it is clear to what coordinate system the data is in. POINT NO. NORTHING FASTING ELEV. DESCRIPTION 1 6946257.189 2296079.165 726.09SSMH RIM ��{,� 2 6946260.893 2296062,141 725.668 GV RIM 3 6946307.399 2296038.306 726.85 GV RIM C�C7Q-�h r 3 6 4 6946220.582 2296011,025 723.358 SSMH RIM 5 6946195.23 2296015.116 722.123 GV RIM 6 6946190.528 2296022,721 722.325 FH I 7 6946136.012 2295992,115 719.448 WM RIM 8 6946002,267 2295919,133 713,331 WM RIM 9 6946003.055 2295933.418 713,652 CO RIM 0,�(WF- Lt 2-,DZ 10 6945984.677 2295880.52 711,662 SSMH RIM 11 6945986.473 2295869.892 710.046 WM RIM 12 6945895.077 2295860,962 707.72 WM RIM 13 6945896.591 2295862.188 708.205 WM RIM VF{l- (- 6 14 6945934,286 2295841.925 709.467 WM RIM 15 6945936,727 2295830,441 710.084 CO RIM r CO �-b I P.tj-�-, 16 6945835.678 2295799.707 707.774 SSMH RIM 17 6945817.488 2295827.011 708.392 SSMH RIM 18 6945759.776 2295758.643 711.218 SSMH RIM P, 19 6945768.563 2295778.424 710,086 GV RIM 20 6945743.318 2295788.392 710.631 GV RIM 21 6945723,219 2295754.394 712,849 GV RIM 22 6945682,21 2295744.22 716.686 WM RIM 23 6945621.902 2295669.471 723.76 WM RIM 24 6945643.407 2295736.03 719.737 CO RIM C WT �, 25 6945571.059 2295655.195 727.514 SSMH RIM 26 6945539.498 2295667.803 729.123 WM RIM 27 6945519.834 2295619.49 732.689 WM RIM 28 6945417.879 2295580.27 740.521 WM RIM 29 6945456.557 2295643.145 736.451 CO RIM t I S r 30 6945387.356 2295597,101 740.756 GV RIM ] *tip ffi {- CPO 31 6945370.688 2295606.793 740.976 GV RIM S Le- 32 6945383.53 2295610.559 74OA08 FH 33 6945321.228 2295551.105 746.34 WM RIM 34 6945319.365 2295539.728 746.777 CO RIM 35 6945242.289 2295570.715 748.454 WM RIM 36 6945233,624 2295544.626 749.59 SSMH RIM 37 6945206,483 2295529,305 751.058 WM RIM 38 6945142.015 2295557.666 750.853 WM RIM CJ j`f�c�Q 39 6945113.445 2295520.335 751,871 WM RIM 40 6945049.02 2295527.345 752.257 SSMH RIM 41 6945041,024 2295552.675 751.79 WM RIM 42 6945038.878 2295552.147 751.88 WM RIM SAY 43 6945006,397 2295518.135 752,615 WM RIM S �ifF 44 6944944.782 2295520.635 752.801 WM RIM 45 6944943.432 2295556.479 752.155 WM RIM 46 6944860.416 2295534.397 752.986 SSMH RIM �p ` 1z-f A- C:\Users\lslamT\AppData\Local\Temp\0171 23.16.01_Attachment A_Survey Staking Standards.docx Page 21 of 22 C. Other preferred as -built deliverable Some vendors have indicated that it is easier to deliver this information in a different format. Below is an example spreadsheet that is also acceptable and can be obtained by request from the survey superintendent. J6 eT M VT FA � 4L n � �w .a a ice: _ a i= _I'�I C:\Users\lslamT\AppData\Loca1\Temp\017123.16.01 Attachment A Survey Staking Standards.docx Page 22 of 22 017423-1 CLEANING Page 1 of 4 1 SECTION 0174 23 2 CLEANING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 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 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 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT' NO. 102881 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 1 RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USE, 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 2021 FOSSIL CREEK BOULEVARD CONCRETF STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 017423-3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -situ. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C, Interior Final Cleaning 22 1, Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other 23 foreign materials from sight -exposed surfaces. 24 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 3. Wash and shine glazing and mirrors. 26 4. Polish glossy surfaces to a clear shine. 27 5. Ventilating systems 28 a. Clean permanent filters and replace disposable filters if units were operated 29 during construction. 30 b. Clean ducts, blowers and coils if units were operated without filters during 31 construction. 32 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior (Site or Right of Way) Final Cleaning 36 1. Remove trash and debris containers from site. 37 a. Re -seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 I 2 3 4 5 6 7 8 9 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 I DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 017719 CLOSEOUT REQUIREMENTS 017719-1 CLOSEOUT REQUIREMENTS Page 1 of 3 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 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 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 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 017719-2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 0178 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. bight bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 017719-3 CLOSEOUT REQUIREMENTS Page 3 of 3 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 e. Pipe Report (if required) 11 f. Contractor's Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE -INSTALLATION [NOT USED] 19 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 28 KIN Revision Log DATE NAME I SUMMARY OF CHANGE CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROTECT Revised July 1, 2011 CITY PROJECT NO. 102881 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 01 78 23 -1 OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include, but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) 11 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C, Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 0133 00. All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 1/2 inches x 11 inches 34 b, Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY OFFOWI: WORTH 2021 FOSS IL CREED BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102891 01 78 23 - 2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce Iarger drawings and fold to size of text pages. 4 e. Provide fly -leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed. tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available, provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, name of responsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102891 017823-3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 5. Copy of each warranty, band and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials a -ad ,Finishes 6 1, Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods ] 4 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function, normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up, break-in, routine and normal operating instructions 32 2) Regulation, control, stopping, shut -down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly, repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102981 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 01 78 23 - 5 OPERATION AND MAINTENANCE DATA Page 5 of 5 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USE, 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 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 PORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 20I2 CITY PROJECT NO. 102881 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0178 39 PROJECT RECORD DOCUMENTS 017839-1 PROJECT RECORD DOCUMENTS Page I of 4 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. t4 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USE, 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USE, 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTII 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 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. 15 111 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER -FURNISHED [oR] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes, use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) final physical arrangement is determined by the Contractor, subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings, by dimension accurate to within 1 31 inch, the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents, coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual location of items. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised July 1, 2011 CITY PROJECT NO. 102881 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 oxin 13178 39 - 4 PROJECT RECORD DOCUMENTS Page 4 of 4 c. Call attention to each entry by drawing a "cloud" around the area or areas affected. d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [oR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.14 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USE, 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CrTY PROJECT NO. 102881 1 2 3 PART1- GENERAL 4 11 SUMMARY SECTION 321123 FLEXIBLE BASE COURSES 32 11 23 - 1 FLEXIBLE BASE COURSES Page 1 of 7 5 A. Section Includes: 6 1. Foundation course for surface course or for other base course composed of flexible 7 base constructed in one or more courses in conformity with the typical section. 8 B. Deviations from this City of Fort Worth Standard Specification -__.._._. — __... _._. 9 FOR THIS PRUJECT [��I-.SXL8 LE BASE C(1URSFS SECTION 32 l 1 23 NHA[-L 10 BF3 ME SI FRED BY T 1-M 01T31C' YA RD 0 F C'OMPLETED QI1ANTfTY- 11 21 lJNC",.Lt1 STR'_D FXCAVAI'TON ANL] I-LAtJLING REQIJlpa` TO PLACE 12 FLUX 312 BAS1 COL) RSE SLJALJ, BE CON SL EKED SUBS1DL6 RY, N0 13 Ii-F'ARATE PAY. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division a —Bidding Requirements, Contract Forms, and Conditions of the 16 Contract 17 2. Division 1 — General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Measurement 21 a. Measurement for this Item will be by the square CUBIC yard of Flexible Base 22 Course for various: 23 1) Depths 24 2) Types 25 3) Gradations 26 2. Payment 27 a. The work performed and materials furnished in accordance with this Item and 28 measured as provided under "Measurement" will be paid for at the unit price 29 bid per she CUBIC yard of Flexible Base Course. 30 3. The price bid shall include-. 31 a. Preparation and correction of subgrade 32 b. Furnishing of material 33 c. Hauling 34 d. Blading 35 e. Sprinkling 36 f. Compacting 37 g. UNCLASSIFIED EXCAVATION AND HAULING REQUIRE TO PLACE 38 FLEXIBLE BASE COURSE 39 1.3 REFERENCES 40 A. Definitions 41 1. RAP — Recycled Asphalt Pavement. CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 321123-2 FLEXIBLE BASE COURSES Page 2 of 7 1 B. Reference Standards 2 1. Reference standards cited in this specification refer to the current reference standard 3 published at the time of the latest revision date logged at the end of this 4 specification, unless a date is specifically cited. 5 2. ASTM International (ASTM): 6 a. D698, Standard Test Methods for Laboratory Compaction Characteristics of 7 Soil Using Standard Effort (12 400 ft-lbf/ft3 (600 kN-m/m3)) 8 3. Texas Department of Transportation (TXDOT): 9 a. Tex-104-E, Determining Liquid Limits of Soils 10 b. Tex-106-E, Calculating the PIasticity Index of Soils 11 c. Tex-107-E, Determining the Bar Linear Shrinkage of Soils 12 d. Tex- 110-E, Particle Size Analysis of Soils 13 e. Tex- 116-E, Ball Mill Method for Determining the Disintegration of Flexible 14 Base Material 15 f. Tex-117-E, Triaxial Compression for Disturbed Soils and Base Materials 16 g. Tex-411-A, Soundness of Aggregate Using Sodium Sulfate or Magnesium 17 Sulfate 18 h. Tex-413-A, Determining Deleterious Material in Mineral Aggregate 19 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 20 1.5 ACTION SUBMITTALS [NOT USED] 21 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 22 1.7 CLOSEOUT SUBMITTALS [NOT USED] 23 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 24 1.9 QUALITY ASSURANCE [NOT USED] 25 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 26 1.11 FIELD [SITE] CONDITIONS [NOT USED] 27 1.12 WARRANTY [NOT USED] 28 PART 2 - PRODUCTS [NOT USED] 29 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 30 2.2 MATERIALS 31 A. General 32 1. Furnish uncontaminated materials of uniform quality that meet the requirements of 33 the Drawings and specifications. 34 2. Obtain materials from approved sources. 35 3. Notify City of changes to material sources. 36 4. The City may sample and test project materials at any time before compaction 37 throughout the duration of the project to assure specification compliance. 38 B. Aggregate 39 1. Furnish aggregate of the type and grade shown on the Drawings and conforming to 40 the requirements of Table 1. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROTECT Revised December 20, 2012 CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 IQ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 321123-3 FLEXIBLE BASE COURSES Page 3 of 7 2. Each source must meet Table I requirements for liquid limit, plastiCity index, and wet ball mill for the grade specified. 3. Do not use additives such as but not limited to lime, cement, or fly ash to modify aggregates to meet the requirements of Table 1, unless shown on the Drawings. Table 1 Material Requirements Pro a Test Method Grade 1 Grade 2 Master gradation sieve size (% retained) Tex- IIO-E 2-1/2 in. — _ 0 1-3/4 in. 0 0-10 718in. 10-35 — 3/8 in. 30 50 — No.4 45-65 45-75 No. 40 70- 85 60-85 Liquid. limit, % max.' Tex-104-E 35 40 P1as6City index, max.' Tex-106-E 10 12 Wet ball mill, % max? Tex-116-E 40 45 Wet ball mill, % max. increase passing the No. 40 sieve 20 20 Classification Tex- 117-E 1.0 1.1-2.3 Min. compressive strength3, psi lateral pressure 0 psi lateral pressure 15 psi 45 175 35 175 1. Determine plastic index in accordance with Tex- I07-E (linear shrinkage) when liquid limit is unattainable as defined in Tex-104-E. 2, when a soundness value is required by the Drawings, test material in accordance with Tex-41 I -A. 3. Meet both the classification and the minimum compressive strength, unless otherwise shown on the Drawings. 4. Material Tolerances a. The City may accept material if no more than I of the 5 most recent gradation tests has an individual sieve outside the specified limits of the gradation, b. When target grading is required by the Drawings, no single failing test may exceed the master grading by more than 5 percentage points on sieves No. 4 and larger or 3 percentage points on sieves smaller than No. 4. c. The City may accept material if no more than 1 of the 5 most recent plasticity index tests is outside the specified limit. No single failing test may exceed the allowable limit by more than 2 points. 5. Material Types a. Do not use fillers or binders unless approved. b. Furnish the type specified on the Drawings in accordance with the following: 1) Type A a) Crushed stone produced and graded from oversize quarried aggregate that originates from a single, naturally occurring source. b) Do not use gravel or multiple sources. 2) Type B a) Only for use as base material for temporary pavement repairs. b) Do not exceed 20 percent RAP by weight unless shown on Drawings. 3) Type D CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 10 11 C. Water 321123-4 FLEXIBLE BASE COURSES Page 4 of 7 a) Type A material or crushed concrete. b) Crushed concrete containing gravel will be considered Type D material. c) The City may require separate dedicated stockpiles in order to verify compliance. d) Crushed concrete must meet the following requirements: (1) Table 1 for the grade specified. (2) Recycled materials must be free from reinforcing steel and other objectionable material and have at most 1.5 percent deleterious material when tested in accordance with TEX-413-A. 12 1. Furnish water free of industrial wastes and other objectionable platter. 13 2.3 ACCESSORIES [NOT USED] 14 2.4 SOURCE QUALITY CONTROL [NOT USED] 15 PART 3 - EXECUTION 16 3.1 INSTALLERS [NOT USED] 17 3.2 EXAMINATION [NOT USED 18 3.3 PREPARATION 19 A. General 20 1. Shape the subgrade or existing base to conform to the typical sections shown on the 21 Drawings or as directed. 22 2. When new base is required to be mixed with existing base: 23 a. Deliver, place, and spread the new flexible base in the required amount. 24 b. Manipulate and thoroughly mix the new base with existing material to provide 25 a uniform mixture to the specified depth before shaping. 26 B. Subgrade Compaction 27 1. Proof roll the roadbed before pulverizing or scarifying in accordance with the 28 following: 29 a. Proof Rolling 30 1) City Project Representative must be on -site during proof rolling operations. 31 2) Use equipment that will apply sufficient load to identify soft spots that rut 32 or pump. 33 a) Acceptable equipment includes fully loaded single -axle water truck 34 with a 1500 gallon capacity. 35 3) Make at least 2 passes with the proof roller (down and back = J pass). 36 4) Offset each trip by at most 1 tire width. 37 5) If an unstable or non -uniform area is found, correct the area. 38 b. Correct 39 1) Soft spots that rut or pump greater than 3/4 inch 40 2) Areas that are unstable or non -uniform 41 2. Installation of base material cannot proceed until compacted subgrade approved by 42 the City. CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 321123-5 FLEXIBLE BASE COURSES Page 5 of 7 1 3.4 INSTALLATION 2 A. General 3 1. Construct each layer uniformly, free of loose or segregated areas, and with the 4 required density and moisture content. 5 2. Provide a smooth surface that conforms to the typical sections, lines, and grades 6 shown on the Drawings or as directed. 7 3. Haul approved flexible base in clean, covered trucks. 8 B. Equipment 9 1. General 10 a. Provide machinery, tools, and equipment necessary for proper execution of the I 1 work. 12 2. Rollers 13 a. The Contractor may use any type of roller to meet the production rates and 14 quality requirements of the Contract unless otherwise shown on the Drawings 15 or directed. 16 b. When specific types of equipment are required, use equipment that meets the 17 specified requirements. 18 c. Alternate Equipment. 19 1) Instead of the specified equipment, the Contractor may, as approved, 20 operate other compaction equipment that produces equivalent results. 21 2) Discontinue the use of the alternate equipment and furnish the specified 22 equipment if the desired results are not achieved. 23 d. City may require Contractor to substitute equipment if production rate and 24 quality requirements of the Contract are not met. 25 C. Placing 26 1. Spread and shape flexible base into a uniform layer by approved means the same 27 day as delivered unless otherwise approved. 28 2. Place material such that it is mixed to minimize segregation. 29 3. Construct layers to the thickness shown on the Drawings, while maintaining the 30 shape of the course. 31 4. Where subbase or base course exceeds 6 inches in thickness, construct in 2 or more 32 courses of equal thickness. 33 5. Minimum lift depth: 3 inches 34 6. Control dust by sprinkling. 35 7. Correct or replace segregated areas as directed. 36 8. Place successive base courses and finish courses using the same construction 37 methods required for the first course. 38 D. Compaction 39 1. General 40 a. Compact using density control unless otherwise shown on the Drawings. 41 b. Multiple lifts are permitted when shown on the Drawings or approved. 42 c. Bring each layer to the moisture content directed. When necessary, sprinkle the 43 material to the extent necessary to provide not less than the required density. 44 d. Compact the full depth of the subbase or base to the extent necessary to remain 45 firm and stable under construction equipment. CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 321123-6 FLEXIBLE BASE COURSES Pagc 6 of 7 1 2. Rolling 2 a. Begin rolling longitudinally at the sides and proceed towards the center, 3 overlapping on successive trips by at least 1/2 the width of the roller unit. 4 b. On superelevated curves, begin rolling at the low side and progress toward the 5 high side. 6 c. Offset alternate trips of the roller. 7 d. Operate rollers at a speed between 2 and 6 mph as directed. 8 e. Rework, recompact, and refinish material that fails to meet or that loses 9 required moisture, density, stability, or finish before the next course is placed or 10 the project is accepted. 11 f. Continue work until specification requirements are met. 12 g. Proof roll the compacted flexible base in accordance with the following: L3 1) Proof Rolling 14 a) City Project Representative must be on -site during proof rolling 15 operations. 16 b) Use equipment that will apply sufficient load to identify soft spots that 17 rut or pump. 18 (t) Acceptable equipment includes fully loaded single -axle water truck 19 with a 1500 gallon capacity. 20 c) Make at least 2 passes with the proof roller (down and back = 1 pass). 21 d) Offset each trip by at most I tire width. 22 e) If an unstable or non -uniform area is found, correct the area. 23 2) Correct 24 a) Soft spots that rut or pump greater than 314 inch. 25 b) Areas that are unstable or non -uniform, 26 3. Tolerances 27 a. Maintain the shape of the course by blading. 28 b. Completed surface shall be smooth and in conformity with the typical sections 29 shown on the Drawings to the established lines and grades. 30 c. For subgrade beneath paving surfaces, correct any deviation in excess of 114 31 inch in cross section in length greater than 16 feet measured longitudinally by 32 loosening, adding or removing material. Reshape and recompact by sprinkling 33 and rolling. 34 d. Correct all fractures, settlement or segregation immediately by scarifying the 35 areas affected, adding suitable material as required. Reshape and recompact by 36 sprinkling and rolling. 37 e. Should the subbase or base course, due to any reason, lose the required 38 stability, density and finish before, the surfacing is complete, it shall be 39 reeompacted at the sole expense of the Contractor. 40 4. Density Control 41 a. Minimum Density: 95 percent compaction as determined by ASTM D698. 42 b. Moisture content: minus 2 to plus 4 of optimum. 43 B. Finishing 44 1. After completing compaction, clip, skin, or tight -blade the surface with a 45 maintainer or subgrade trimmer to a depth of approximately 1/4 inch. 46 2. Remove loosened material and dispose of it at an approved location. 47 3. Seal the clipped surface immediately by rolling with an appropriate size pneumatic 48 tire roller until a smooth surface is attained. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 321123-7 FLEXIBLE BASE COURSES Page 7 of 7 1 4. Add small increments of water as needed during rolling. 2 5. Shape and maintain the course and surface in conformity with the typical sections, 3 lines, and grades as shown on the Drawings or as directed. 4 6. 1n areas where surfacing is to be placed, correct grade deviations greater than 114 5 inch in 16 feet measured longitudinally or greater than 1/4 inch over the entire 6 width of the cross-section. 7 7. Correct by loosening, adding, or removing material. 8 8. Reshape and recompact in accordance with 3A.C. 9 3.5 REPAIR/RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 QUALITY CONTROL 12 A. Density Test 13 1. City to measure density of flexible base course. 14 a. Notify City Project Representative when flexible base ready for density testing. 15 b. Spacing directed by City (1 per block minimum). 16 c. City Project Representative determines location of density testing. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 310 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION [NOT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END OF SECTION 25 26 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 1 2 3 PARTI- GENERAL 4 1.1 SUMMARY 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 3213 13- 1 CONCRETE PAVING Page 1 of 22 SECTION 32 13 13 CONCRETE PAVING A. Section includes: 1. Finished pavement constructed of portland cement concrete including monolithically poured curb on the prepared subgrade or other base course. B. Deviations from this City of Fort Worth Standard Specification I FOR 'ITi1S PROJECT CONCRE FE PAVIFxFG SECTION 32 13 13 TNCLUDC FINIS HE- D CONCRL=TE Of TNT) Tv LDu/AL PANEL OFJA€ D PA.NEL W. [TH MC NO3,1 -HICALLY POLlRED CI.TRW - IV1 fI OR Iv#l1N1 OLP AND WATRR VA LVh 130X }L.DJ iJ,4"€ MFM' SHALL 13 CONSIDERED S UBSID1ARY WORK, NO S1aPAJ� A.T[? PAY, 3. is'ACKPII..LL G AND FLNI SI-liNG ORADE-M41END C:U, i3.I.NML°NN FURNISHING AND PLAC.I€ G TOP SOIL SIIAI_L BE CONSMER 'D SLTBSIDIARY WORK. NO ShTARATE PAY. 4. SAWING, CLEAT+ IN9 AND APPi.YINGP JOWf SEALANTS Wfffl FtrRNIS.EIING AN1) INSTA I.. L INf r M ATBRIALS SHALL, BECONS IDEREO SULISIDIARY W0114K, No ARATE PAY, 5. UNCLASS©{IEfD EXCAVATION (If• €`SI�];llLli)'�Cld C+ 'f {Rt?'f"F PAViN01, l,Jl", TO 7 TNC1i SlIALLBE CONSIDERED SUBSIDLARY, N FO SEPARATE PAY. 6, MIN IMLJ€IrF COMPRESSIVE STREKGTR 01; RlGH aARLY STRDNGTH {FEE. CLASS CONCRETH.SHA-U.. RE 3,000 PSI AT 72 1-10LJR9. 7, TO C HE—C'K IM, Cf)iv1.NRI"SSl V1: "'REN G.l'H C1,1= TH.E CONCRETE 13F[N PLACI C) 0Nl1 CYL.IND1I12 TO I3€) A! 1' 3 VAYS E3Y CITY IN ADDITION TO TEST AT? DAYS ANL) 28 DAYS- C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 3. Section 32 0129 - Concrete Paving Repair 4. Section 32 13 73 - Concrete Paving Joint Sealants 32 1.2 PRICE AND PAYMENT PROCEDURES 33 A. Measurement 34 1. Measurement 35 a. Measurement for this Item shall be by the square yard of completed and 36 accepted Concrete Pavement in its final position as measured from back of curb 37 for various: 38 1) Classes 39 2) Thicknesses 40 2, Payment CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 321313-2 CONCRETE PAVING Page 2 of 22 1 a. The work performed and materials furnished in accordance with this Item will 2 be paid for at the unit price bid per square yard of Concrete Pavement. 3 3. The price bid shall include: 4 a. Shaping and fine grading the placement area 5 b. Furnishing and applying all water required 6 e. Furnishing, loading and unloading, storing, hauling and handling aII concrete 7 ingredients including all freight and royalty involved 8 d. Mixing, placing, finishing and curing all concrete 9 e. Furnishing and installing all reinforcing steel 10 f. Furnishing all materials and placing longitudinal, warping, expansion, and 11 contraction joints, including all steel dowels, dowel caps and load transmission 12 units required, wire and devices for placing, holding and supporting the steel 13 bar, load transmission units, and joint filler material in the proper position; for 14 coating steel bars where required by the Drawings 15 g. Scaling joints 16 h. Monolithically poured curb 17 i. Cleanup 18 j. MAKING MINOR ADJUSTMENT OF EXISTING MANHOLE AND 19 WATER VALVE BOX ADJUSTMENT 20 k. BACKFILLING AND FINISHING GRADE BEHIND CURB INCLUDING 21 FURNISHING AND PLACING OF TOP SOIL PER SECTION 32 91 19 22 1. UNCLASSIFIED EXCAVATION (IF NEEDED) FOR CONCRETE PAVING 23 UP TO 7 INCH 24 25 1.3 REFERENCES 26 A. Reference Standards 27 1. Reference standards cited in this specification refer to the current reference standard 28 published at the time of the latest revision date logged at the end of this 29 specification, unless a date is specifically cited. 30 2. ASTM International (ASTM): 31 a. A615/A615M, Deformed and Plain Billet -Steel Bars for Concrete 32 Reinforcement 33 b. C31, Standard Practice for Making and Curing Concrete Test Specimens in the 34 Field 35 c. C33, Concrete Aggregates 36 d. C39, Standard Test Method for Compressive Strength of Cylindrical Concrete 37 Specimens 38 e. C42, Standard Test Method for Obtaining and Testing Drilled Cores and Sawed 39 Beams of Concrete 40 f. C94/C94M, Standard Specifications for Ready -Mixed Concrete 41 g. C 150, Portland Cement 42 h. C156, Water Retention by Concrete Curing Materials 43 i. C172, Standard Practice for Sampling Freshly Mixed Concrete 44 j. C260, Air Entraining Admixtures for Concrete 45 k. C309, Liquid Membrane -Forming Compounds for Curing Concrete, Type 2 46 I. C494, Chemical Admixtures for Concrete, Types "A", "D", "F" and "G" 47 m. C618, Coal Fly Ash and Raw or Calcined Natural Pozzolan for use as a Mineral 48 Admixture in Concrete CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. I02881 321313-3 CONCRETE PAVING Page 3 of 22 1 n. C881, Standard Specification for Epoxy -Resin -Base Bonding Systems for 2 Concrete 3 o. C1064, Standard Test Method for Temperature of Freshly Mixed Hydraulic- 4 Cement Concrete 5 p. C1602, Standard Specification for Mixing Water Used in the Production of 6 Hydraulic Cement Concrete. 7 q. D698, Laboratory Compaction Characteristics of Soil Using Standard Effort 8 (12,400 ft-lbf/f(3) 9 3. American Concrete Institute (ACI): 10 a. ACI 305.1-06 Specification for Hot Weather Concreting 11 b. ACI 306.1-90, Standard Specification for Cold Weather Concreting 12 c. ACI 318 13 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 14 1.5 SUBMITTALS [NOT USED] 15 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 16 A. Mix Design: submit for approval. See Item 2A.A. 17 1.7 CLOSEOUT SUBMITTALS [NOT USED] 18 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED 19 1.9 QUALITY ASSURANCE [NOT USED] 20 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 21 1.11 FIELD CONDITIONS 22 A. Weather Conditions 23 1. Place concrete when concrete temperature is between 40 and 100 degrees when 24 measured in accordance with ASTM C 1064 at point of placement. 25 2. Hot Weather Concreting 26 a. Take immediate corrective action or cease paving when the ambient 27 temperature exceeds 95 degrees. 28 b. Concrete paving operations shall be approved by the City when the concrete 29 temperature exceeds 100 degrees. See Standard Specification for Hot Weather 30 Concreting (ACI 305.1-06). 31 3. Cold Weather Concreting 32 a. Do not place when ambient temp in shade is below 40 degrees and falling. 33 Concrete may be placed when ambient temp is above 35 degrees and rising or 34 above 40 degrees. 35 b. Concrete paving operations shall be approved by the City when ambient 36 temperature is below 40 degrees. See Standard Specification for Cold Weather 37 Concreting (ACI 306.1-90). 38 B. Time: Place concrete after sunrise and no later than shall permit the finishing of the 39 pavement in natural light, or as directed by the City. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROTECT Revised December 20, 2012 CITY PROTECT NO. 102881 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS 3 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 4 2.2 MATERIALS 5 6 7 8 9 10 11 t2 13 14 15 17 18 19 20 21 22 23 24 25 26 27 28 29 32 13 13 - 4 CONCRETE PAVING Page 4 of 22 A. Cementitious Material: ASTM C150. B. Aggregates: ASTM C33. C. Water: ASTM C 1602. D. Admixtures: When admixtures are used, conform to the appropriate specification: 1. Air -Entraining Admixtures for Concrete: ASTM C260. 2. Chemical Admixtures for Concrete: ASTM C494, Types "A", "D", "F" and "G." 3. Fly Ash a. Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use in Concrete: ASTM C618. b. Fly ash may be substituted at one pound per pound of cement up to 25% of the specified cement content when such batch design is approved by the Engineer. E. Steel Reinforcement: ASTM A615. F. Steel Wire Reinforcement: Not used for concrete pavement. G. Dowels and Tie Bars 1. Dowel and tie bars: ASTM A615. 2. Dowel Caps a. Provide dowel caps with enough range of movement to allow complete closure of the expansion joint. b. Caps for dowel bars shall be of the length shown on the Drawings and shall have an internal diameter sufficient to permit the cap to freely slip over the bar. c. In no case shall the internal diameter exceed the bar diameter by more 1/8 inch, and one end of the cap shall be rightly closed. 3. Epoxy for Dowel and Tie Bars: ASTM C881. a. See following table for approved producers of epoxies and adhesives Pre -Qualified Producers of Epoxies and Adhesives Product Name Producer Concresive 1420 BASF HTE-50 11ilti T 308 + Powers Fasteners P E 1000+ Powers Fasteners C-6 Ramset--Redhead Epcon G-5 Ramset-Redhead Pro-Poxy-300 Fast Tube Unitex CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CrPY PROJECT NO. 102881 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 321313-5 CONCRETE PAVING Page 5 of 22 Shep-Foxy Txlfl CMC Construction Services Ultrabond 1300 Tubes Adhesives Technology Ultrabone 2300 N.S. A-22-2300 Slow Set Adhesives Technology Dynapoxy EP-430 Pecora Corp. EDOT Simpson Strong Tie ET22 Simpson Strong Tie SET 22 Simpson Strong Tie SpecPoxy 300OFS SpecChem b. Epoxy Use, Storage and Handling 1) Package components in airtight containers and protect from light and moisture. 2) Include detailed instructions for the application of the material and all safety information and warnings regarding contact with the components. 3) Epoxy label requirements a) Resin or hardener components b) Brand name c) Name of manufacturer d) Lot or batch number c) Temperature range for storage f) Date of manufacture g) Expiration date h) Quantity contained 4) Store epoxy and adhesive components at temperatures recommended by the manufacturer. 5) Do not use damaged or previously opened containers and any material that shows evidence of crystallization, lumps skinning, extreme thickening, or settling of pigments that cannot be readily dispersed with normal agitation. 6) Follow sound environmental practices when disposing of epoxy and adhesive wastes. 7) Dispose of all empty containers separately. 8) Dispose of epoxy by completely emptying and mixing the epoxy before disposal H. Reinforcement Bar Chairs 1. Reinforcement bar chairs or supports shall be of adequate strength to support the reinforcement bars and shall not bend or break under the weight of the reinforcement bars or Contractor's personnel walking on the reinforcing bars. 2. Bar chairs may be made of metal (free of rust), precast mortar or concrete blocks or plastic. 3. For approval of plastic chairs, representative samples of the plastic shall show no visible indications of deterioration after immersion in a 5-percent solution of sodium hydroxide for 120-hours. 4. Bar chairs may be rejected for failure to meet any of the requirements of this specification. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 1028 91 32 13 13-6 CONCRETE PAVING Page 6 of 22 1 I. Joint Filler 2 1. Joint fiIIer is the material placed in concrete pavement and concrete structures to 3 allow for the expansion and contraction of the concrete. 4 2. Wood Boards: Used as joint filler for concrete paving. 5 a. Boards for expansion joint filler shall be of the required size, shape and type 6 indicated on the Drawings or required in the specifications. 7 1) Boards shall be of selected stock of redwood or cypress. The boards shall 8 be sound heartwood and shall be free from sapwood, knots, clustered 9 birdseyes, checks and splits. 10 2) Joint filler, boards, shall be smooth, flat and straight throughout, and shall I I be sufficiently rigid to permit ease of installation. 12 3) Boards shall be furnished in lengths equal to the width between 13 longitudinal joints, and may be furnished in strips or scored sheet of the 14 required shape. 15 3. Dimensions. The thickness of the expansion joint filler shall be shown on the 16 Drawings; the width shall be not less than that shown on the Drawings, providing 17 for the top seal space. 18 4. Rejection. Expansion joint filler may be rejected for failure to meet any of the 19 requirements of this specification. 20 J. Joint Sealants. Provide Joint Sealants in accordance with Section 32 13 73. 21 K. Curing Materials 22 1. Membrane -Forming Compounds. 23 a. Conform to the requirements of ASTM C309, Type 2, white pigmented 24 compound and be of such nature that it shall not produce permanent 25 discoloration of concrete surfaces nor react deleteriously with the concrete. 26 b. The compound shall produce a firm, continuous uniform moisture -impermeable 27 film free from pinholes and shall adhere satisfactorily to the surfaces of damp 28 concrete. 29 c. It shall, when applied to the damp concrete surface at the specified rate of 30 coverage, dry to touch in 1 hour and dry through in not more than 4 hours under 31 normal conditions suitable for concrete operations. 32 d. It shall adhere in a tenacious film without running off or appreciably sagging. 33 e. It shall not disintegrate, check, peel or crack during the required curing period. 34 f. The compound shall not peel or pick up under traffic and shall disappear from 35 the surface of the concrete by gradual disintegration. 36 g. The compound shall be delivered to the job site in the manufacturer's original 37 containers only, which shall be clearly labeled with the manufacturer's name, 38 the trade name of the material and a batch number or symbol with which test 39 samples may be correlated. 40 h. When tested in accordance with ASTM C156 Water Retention by Concrete 41 Curing Materials, the liquid membrane -forming compound shall restrict the loss 42 of water present in the test specimen at the time of application of the curing 43 compound to not more than 0.01 -oz. -per-2 inches of surface. 44 2.3 ACCESSORIES [NOT USED] 45 2.4 SOURCE QUALITY CONTROL 46 A. Mix Design CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 t0 1.1 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 321313-7 CONCRETE PAVING Page 7 of 22 1. Concrete Mix Design and Control a. At least 10 calendar days prior to the start of concrete paving operations, the Contractor shall submit a design of the concrete mix it proposes to use and a full description of the source of supply of each material component. b. The design of the concrete mix shall produce a quality concrete complying with these specifications and shall include the following information: 1) Design Requirements and Design Summary 2) Material source 3) Dry weight of cement/cubic yard and type 4) Dry weight of fly ash/cubic yard and type, if used 5) Saturated surface dry weight of fine and coarse aggregates/cubic yard 6) Design water/cubic yard 7) Quantities, type, and name of admixtures with manufacturer's data sheets 8) Current strength tests or strength tests in accordance with ACI 318 9) Current Sieve Analysis and -200 Decantation of fine and coarse aggregates and date of tests 10) Fineness modulus of fine aggregate 11) Specific Gravity and Absorption Values of fine and coarse aggregates 12) L.A. Abrasion of coarse aggregates c. Once mix design approved by City, maintain intent of mix design and maximum water to cement ratio. d. No concrete may be placed on the job site until the mix design has been approved by the City. 2. Quality of Concrete a. Consistency 1) In general, the consistency of concrete mixtures shall be such that: a) Mortar shall cling to the coarse aggregate b) Aggregate shall not segregate in concrete when it is transported to the place of deposit c) Concrete, when dropped directly from the discharge chute of the mixer, shall flatten out at the center of the pile, but the edges of the pile shall stand and not flaw d) Concrete and mortar shall show no free water when removed from the mixer e) Concrete shall slide and not flow into place when transported in metal chutes at an angle of 30 degrees with the horizontal f) Surface of the finished concrete shall be free from a surface film or laitance 2) When field conditions are such that additional moisture is needed for the final concrete surface finishing operation, the required water shall be applied to the surface by hand sprayer only and be held to a minimum amount. 3) The concrete shall be workable, cohesive, possess satisfactory finishing qualities and be of the stiffest consistency that can be placed and vibrated into a homogeneous mass. 4) Excessive bleeding shall be avoided. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S Revised December 20, 2012 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 7 8 10 11 12 13 14 15 16 17 18 19 20 21 321313-8 CONCRETE PAVING Page 8 of 22 5) If the strength or consistency required for the class of concrete being produced is not secured With the minimum cement specified or without exceeding the maximum water/cement ratio, the Contractor may use, or the City may require, an approved cement dispersing agent (water reducer); or the Contractor shall furnish additional aggregates, or aggregates with different characteristics, or the Contractor may use additional cement in order to produce the required results. 6) The additional cement may be permitted as a temporary measure, until aggregates are changed and designs checked with the different aggregates or cement dispersing agent. 7) The Contractor is solely responsible for the quality of the concrete produced. 8) The City reserves the right to independently verify the quality of the concrete through inspection of the batch plant, testing of the various materials used in the concrete and by casting and testing concrete cylinders or beams on the concrete actually incorporated in the pavement. b. Standard Class 1) Unless otherwise shown on the Drawings or detailed specifications, the standard class for concrete paving for streets and alleys is shown in the following table: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2021 FOSSIL. CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 321313-9 CONCRETE PAVING Page 9 of 22 Standard Classes of Pavement Concrete Class of Minimum 28 Day Min. Maximum Course Concrete' Cementitious, Compressive, Water/ Aggregate Lb./CY Strength Cementitious, Maximum psi Ratio Size inch P 517 3600 0.49 1-1/2 H 564 4500 0.45 1-1/2 1. All exposed horizontal concrete shall have entrained -air. 2. Minimum Compressive Strength Required. 2) Machine -Laid concrete: Class P 3) Hand -Laid concrete: Class H c. High Early Strength Concrete (HES) 1) When shown on the Drawings or allowed, provide Class RES concrete for very early opening of pavements area or leaveouts to traffic. 2) Design class HES to meet the requirements of class specified for concrete pavement and a minimum compressive strength of 2 ,A9 3,000psi in 24 72 €reurs, unless other early strength and time requirements are shown on the Drawings allowed. 3) No strength overdesign is required. Standard Classes of Pavement Concrete Class of Minimum 28 Day Min. Maximum Course Concrete' Cementitious Compressive Water/ Aggregate Lb./CY Strength' Cementitious Maximum psi Ratio Size, inch HES 564 4500 0.45 1-1/2 d. Slump 1) Slump requirements for pavement and related concrete shall be as specified in the following table: Concrete Pavement Slumt) Requirements Concrete Use Recommended Maximum j Design Acceptable and Placement Placement Slump, Slump, inch inch Slip-Form/Form-Riding Paving 1-1/2 3 Hand Fonzled Paving 4 5 Sidewalk, Curb and Gutter, Concrete 4 5 Valley Gutter and Other Miscellaneous Concrete 2) No concrete shall be permitted with slump in excess of the maximums shown. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102681 32 13 13- 10 CONCRETE PAVING Page 10 of 22 1 3) Any concrete mix failing to meet the above consistency requirements, 2 although meeting the slump requirements, shall be considered 3 unsatisfactory, and the mix shall be changed to correct such unsatisfactory 4 conditions. 5 PART 3 - EXECUTION 6 3.1 INSTALLERS [NOT USED] 7 3.2 EXAMINATION [NOT USED] 8 3.3 PREPARATION [NOT USED] 9 3.4 INSTALLATION 10 A. Equipment 11 1. All equipment necessary for the construction of this item shall be on the project. 12 2. The equipment shall include spreading devices (augers), internal vibration, 13 tamping, and surface floating necessary to finish the freshly placed concrete in such 14 a manner as to provide a dense and homogeneous pavement. 15 3. Machine -Laid Concrete Pavement 16 a. Fixed -Form Paver. Fixed -form paving equipment shall be provided With forms 17 that are uniformly supported on a very firm subbase to prevent sagging under 18 the weight of machine. 19 b. Slip -Form Paver 20 1) Slip -form paving equipment shall be provided with traveling side forms of 21 sufficient dimensions, shape and strength so as to support the concrete 22 laterally for a sufficient length of time during placement. 23 2) City may reject use of Slip -Form Paver if paver requires over -digging and 24 impacts trees, mailboxes or other improvements. 25 4. Hand -Laid Concrete Pavement 26 a. Machines that do not incorporate these features, such as roller screeds or 27 vibrating screeds, shall be considered tools to be used in hand -laid concrete 28 construction, as slumps, spreading methods, vibration, and other procedures are 29 more common to hand methods than to machine methods. 30 5. City may reject equipment and stop operation if equipment does not meet 31 requirements. 32 B. Concrete Mixing and Delivery 33 1. Transit Batching: shall not be used — onsite mixing not permitted 34 2. Ready Mixed Concrete 35 a. The concrete shall be produced in an approved method conforming to the 36 requirements of this specification and ASTM C94/C94M. City shall have access 37 ready mix to get samples of materials. 38 b. City shall have access to ready mix plant to obtain material samples. 39 c. When ready -mix concrete is used, sample concrete per ASTM C94 Alternate 40 Procedure 2: 41 1) As the mixer is being emptied, individual samples shall be taken after the 42 discharge of approximately 15 percent and 85 percent of the load. CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102981 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 3213 13 - 11 CONCRETE PAVING Page 11 of 22 2) The method of sampling shall provide that the samples are representative of widely separated portions, but not from the very ends of the batch. d. The mixing of each batch, after all materials are in the drum, shall continue until it produces a thoroughly mixed concrete of uniform mass as determined by established mixer performance ratings and inspection, or appropriate uniformity tests as described in ASTM C94, e. The entire contents of the drum shall be discharged before any materials are placed therein for the succeeding batch. f. Retempering or remixing shall not be permitted. 3. Delivery a. Deliver concrete at an interval not exceeding 30 minutes or as determined by City to prevent cold joint. 4. Delivery Tickets a. For all operations, the manufacturer of the concrete shall, before unloading, furnish to the purchaser with each batch of concrete at the site a delivery ticket on which is printed, stamped, or written, the following information to determine that the concrete was proportioned in accordance with the approved mix design: 1) Name of concrete supplier 2) Serial number of ticket 3) Date 4) Truck number 5) Name of purchaser 6) Specific designation of job (name and location) 7) Specific class, design identification and designation of the concrete in conformance with that employed in job specifications 8) Amount of concrete in cubic yards 9) Time loaded or of first mixing of cement and aggregates 10) Water added by receiver of concrete 11) Type and amount of admixtures C. Subgrade 1. When manipulation or treatment of subgrade is required on the Drawings, the work shall be performed in proper sequence with the preparation of the subgrade for pavement. 2. The roadbed shall be excavated and shaped in conformity with the typical sections and to the lines and grades shown on the Drawings or established by the City, 3. All holes, ruts and depressions shall be filled and compacted with suitable material and, if required, the subgrade shall be thoroughly wetted and reshaped. 4. Irregularities of more than 112 inch., as shown by straightedge or template, shall be corrected. 5. The subgrade shall be uniformly compacted to at least 95 percent of the maximum density as determined by ASTM D698. 6. Moisture content shall be within minus 2 percent to plus 4 percent of optimum. 7. The prepared subgrade shall be wetted down sufficiently in advance of placing the pavement to ensure its being in a firm and moist condition. 8. Sufficient subgrade shall be prepared in advance to ensure satisfactory prosecution of the work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2021 FOSSIL, CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. I02881 32 13 13- 12 CONCRETE PAVING Page 12 of 22 1 9. The Contractor shall notify the City at least 24 hours in advance of its intention to 2 place concrete pavement. 3 10. After the specified moisture and density are achieved, the Contractor shall maintain 4 the subgrade moisture and density in accordance with this Section. 5 11. In the event that rain or other conditions may have adversely affected the condition 6 of the subgrade or base, additional tests may be required as directed by the City. 7 D. Placing and Removing Forms 8 1. Placing Forms 9 a. Forms for machine -laid concrete 10 1) The side forms shall be metal, of approved cross section and bracing, of a 11 height no less than the prescribed edge thickness of the concrete section, 12 and a minimum of 10 feet in length for each individual form. 13 2) Forms shall be of ample strength and staked with adequate number of pins 14 capable of resisting the pressure of concrete placed against them and the 15 thrust and the vibration of the construction equipment operating upon them 16 without appreciable springing, settling or deflection. 17 3) The forms shall be free from warps, bends or kinks and shall show no 18 variation from the true plane for face or top. 19 4) Forms shall be jointed neatly and tightly and set with exactness to the 20 established grade and alignment. 21 5) Forms shall be set to line and grade at least 200 feet, where practicable, in 22 advance of the paving operations. 23 6) In no case shall the base width be less than 8 inches for a form 8 inches or 24 more in height. 25 7) Forms must be in firm contact with the subgrade throughout their length 26 and base width. 27 8) If the subgrade becomes unstable, forms shall be reset, using heavy stakes 28 or other additional supports may be necessary to provide the required 29 stability. 30 b. Forms for hand -laid concrete 31 1) Forms shall extend the full depth of concrete and be a minimum of 1-1/2 32 inches in thickness or equivalent when wooden forms are used, or be of a 33 gauge that shall provide equivalent rigidity and strength when metal forms 34 are used. 35 2) For curves with a radius of less than 250 feet, acceptable flexible metal or 36 wood forms shall be used. 37 3) All forms showing a deviation of 1/8 inch in 10 feet from a straight line 38 shall be rejected. 39 2. Settling. When forms settle over 1/8 inch under finishing operations, paving 40 operations shall be stopped the forms reset to line and grade and the pavement then 41 brought to the required section and thickness. 42 3. Cleaning. Forms shall be thoroughly cleaned after each use. 43 4. Removal. 44 a. Forms shall remain in place until the concrete has taken its final set. 45 b. Avoid damage to the edge of the pavement when removing forms. 46 c. Repair damage resulting from form removal and honeycombed areas with a 47 mortar mix within 24 hours after form removal unless otherwise approved. CITY OF PORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102981 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 3213 13 - 13 CONCRETE PAVING Page 13 of 22 d. Clean joint face and repair honeycombed or damaged areas within 24 hours after a bulkhead for a transverse construction joint has been removed unless otherwise approved. e. When forms are removed before 72 hours after concrete placement, promptly apply membrane curing compound to the edge of the concrete pavement. B. Placing Reinforcing Steel, Tie, and Dowel Bars 1. General a. When reinforcing steel tie bars, dowels, etc., are required they shall be placed as shown on the Drawings. b. All reinforcing steel shall be clean, free from rust in the form of loose or objectionable scale, and of the type, size and dimensions shown on the Drawings. c. Reinforcing bars shall be securely wired together at the alternate intersections and all splices and shall be securely wired at each intersection dowel and load - transmission unit intersected. d. All bars shall be installed in their required position as shown on the Drawings. e. The storing of reinforcing or structural steel on completed roadway slabs generally shall be avoided and, where permitted, such storage shall be limited to quantities and distribution that shall not induce excessive stresses. 2. Splices a. Provide standard reinforcement splices by lapping and tying ends. b. Comply with ACI 318 for minimum lap of spliced bars where not specified on the Drawings. 3. Installation of Reinforcing Steel a. All reinforcing bars and bar mats shall be installed in the slab at the required depth below the finished surface and supported by and securely attached to bar chairs installed on prescribed longitudinal and transverse centers as shown by sectional and detailed drawings on the Drawings. b. Chairs Assembly. The chair assembly shall be similar and equal to that shown on the Drawings and shall be approved by the City prior to extensive fabrication. c. After the reinforcing steel is securely installed above the subgrade as specified in Drawings and as herein prescribed, no loading shall be imposed upon the bar mats or individual bars before or during the placing or finishing of the concrete. 4. Installation of Dowel Bars a. Install through the predrilled joint filler and rigidly support in true horizontal and vertical positions by an assembly of bar chairs and dowel baskets. b. Dowel Baskets 1) The dowels shall be held in position exactly parallel to surface and centerline of the slab, by a dowel basket that is left in the pavement. 2) The dowel basket shall hold each dowel in exactly the correct position so firmly that the dowel's position cannot be altered by concreting operations. c. Dowel Caps 1) Install cap to allow the bar to move not less than 1-1/4 inch in either direction. 5. Tie Bar and Dowel Placement a. Place at mid -depth of the pavement slab, parallel to the surface. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 32 13 t3 - 14 CONCRETE PAVING Page 14 of 22 1 b. Place as shown on the Drawings. 2 6. Epoxy for Tie and Dowel Bar Installation 3 1) Epoxy bars as shown on the Drawings. 4 2) Use only drilling operations that do not damage the surrounding operations. 5 3) Blow out drilled holes with compressed air. 6 4) Completely fill the drilled hole with approved epoxy before inserting the tie 7 bar into the hole. 8 5) Install epoxy grout and bar at least 6 inches embedded into concrete. 9 F. Joints 10 1. Joints shall be placed where shown on the Drawings or where directed by the City. 11 2. The plane of all joints shall make a right angle with the surface of the pavement. 12 3. No joints shall have an error in alignment of more than 1/2 inch at any point. 13 4. Joint Dimensions 14 a. The width of the joint shall be shown on the Drawings, creating the joint 15 sealant reservoir. 16 b. The depth of the joint shall be shown on the Drawings. 17 c. Dimensions of the sealant reservoir shall be in accordance with manufacturer's 18 recommendations. 19 d. After curing, the joint sealant shall be 1/9 inch to 1/4 inch below the pavement 20 surface at the center of the joint. 21 5. Transverse Expansion Joints 22 a. Expansion joints shall be installed perpendicularly to the surface and to the 23 centerline of the pavement at the locations shown on the Drawings, or as 24 approved by the City. 25 b. Joints shall be of the design width, and spacing shown on the Drawings, or as 26 approved by the City. 27 c. Dowel bars, shall be of the size and type shown on the Drawings, or as 28 approved by the City, and shall be installed at the specified spacing. 29 d. Support dowel bars with dowel baskets. 30 e. Dowels shall restrict the free opening and closing of the expansion join and 31 shalI not make planes of weaknesses in the pavement. 32 f. Greased Dowels for Expansion Joints. 33 1) Coat dowels with a thin film of grease or other approved de -bonding 34 material. 35 2) Provide dowel caps on the lubricated end of each dowel bar. 36 g. Proximity to Existing Structures. When the pavement is adjacent to or around 37 existing structures, expansions joints shall be constructed in accordance with 38 the details shown on the Drawings. 39 6. Transverse Contraction Joints 40 a. Contraction or dummy joints shall be installed at the locations and at the 41 intervals shown on the Drawings. 42 b. Joints shall be of the design width, and spacing shown on the Drawings, or as 43 approved by the City. 44 c. Dowel bars, shall be of the size and type shown on the Drawings, or as 45 approved by the City, and shall be installed at the specified spacing. 46 d. Joints shall be sawed into the completed pavement surface as soon after initial 47 concrete set as possible so that some raveling of the concrete is observed in 48 order for the sawing process to prevent uncontrolled shrinkage cracking. CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 32 13 13- 15 CONCRETE PAVING Page 15 of 22 1 c. The joints shall be constructed by sawing to a 1/4 inch width and to a depth of 2 1/3 inch (1/4 inch permitted if limestone aggregate used) of the actual 3 pavement thickness, or deeper if so indicated on the Drawings. 4 f. Complete sawing as soon as possible in hat weather conditions and within a 5 maximum of 24 hours after saw cutting begins under cool weather conditions. 6 g. If sharp edge joints are being obtained, the sawing process shall be sped up to 7 the point where some raveling is observed. 8 h. Damage by blade action to the slab surface and to the concrete immediately 9 adjacent to the joint shall be minimized. 10 i. Any portion of the curing membrane which has been disturbed by sawing I I operations shall be restored by spraying the areas with additional curing 12 compound. 13 7. Transverse Construction Joints 14 a. Construction joints formed at the close of each day's work or when the placing 15 of concrete has been stopped for 30-minutes or longer shall be constructed by 16 use of metal or wooden bullheads cut true to the section of the finished 17 pavement and cleaned. 18 b. Wooden bulkheads shall have a thickness of not less than 2-inch stock material. 19 e. Longitudinal bars shall be held securely in place in a plane perpendicular to the 20 surface and at right angles to the centerline of the pavement. 21 d. Edges shall be rounded to 1/4 inch radius. 22 e. Any surplus concrete on the subgrade shall be removed upon the resumption of 23 the work. 24 8. Longitudinal Construction Joints 25 a. Longitudinal construction joints shall be of the type shown on the Drawings. 26 9. Joint Filler 27 a. Joint fiIIer shall be as specified in 2.2.I of the size and shape shown on the 28 Drawings. 29 b. Redwood Board joints shall be used for all pavement joints except for 30 expansion joints that are coincident with a butt joint against existing 31 pavements. 32 c. Boards with less than 25-percent of moisture at the time of installation shall be 33 thoroughly wetted on the job. 34 d. Green lumber of much higher moisture content is desirable and acceptable. 35 e. The joint filler shall be appropriately drilled to admit the dowel bars when 36 required. 37 f. The bottom edge of the filler shall extend to or slightly below the bottom of the 38 slab. The top edge shall be held approximately 1/2 inch below the finished 39 surface of the pavement in order to allow the finishing operations to be 40 continuous. 41 g. The joint filler may be composed of more than one length of board in the 42 Iength of joint, but no board of a length less than 6 foot may be used unless 43 otherwise shown on the Drawings. 44 h. After the removal of the side forms, the ends of the joints at the edges of the 45 slab shall be carefully opened for the entire depth of the slab. 46 10, Joint Sealing. Routine pavement joints shall be filled consistent with paving details 47 and as specified in Section 32 13 73. Materials shall generally be handled and 48 applied according to the manufacturer's recommendations as specified in Section 49 32 13 73. CITY OF FORT WORTH 2O2I FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised D=mN'T 20, 2012 CITY PROJECT NO. 102881 32 13 13 - 16 CONCRMT PAVING Page 16 of 22 1 G. Placing Concrete 2 1. Unless otherwise specified in the Drawings, the finished pavement shall be 3 constructed monolithically and constructed by machined laid method unless 4 impractical. 5 2. The concrete shall be rapidly deposited on the subgrade in successive batches and 6 shall be distributed to the required depth and for the entire width of the pavement 7 by shoveling or other approved methods. 8 3. Any concrete not placed as herein prescribed within the time limits in the following 9 table will be rejected. Time begins when the water is added to the mixer. 10 Temperature -- Time Requirements 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Concrete Temperature (at point of placement) Max Time — minutes (no retarding agent). Max Time — minutes (with retarding agent)' Non -Agitated Concrete All temperatures 45 45 Agitated Concrete Above 90°F Time may be reduced by city 75 Above 75°F thru 90°F 60 90 75'F and Below 60 120 1 Normal dosage of retarder. 4. Rapes shall not be used in handling concrete. 5. At the end of the day, or in case of unavoidable interruption or delay of more than 30 minutes or longer to prevent cold joints, a transverse construction joint shall be placed in accordance with 3A.F.7 of this Section. 6. Honeycombing a. Special care shall be taken in placing and spading the concrete against the forms and at all joints and assemblies so as to prevent honeycombing. b. Excessive voids and honeycombing in the edge of the pavement, revealed by the removal of the side forms, may be cause for rejection of the section of slab in which the defect occurs. H. Finishing 1. Machine a. Tolerance Limits 1) While the concrete is still workable, it shall be tested for irregularities with a 10 foot straightedge placed parallel to the centerline of the pavement so as to bridge depressions and to touch all high spots. 2) Ordinates measured from the face of the straightedge to the surface of the pavement shall at no place exceed 1/16 inch -per -foot from the nearest point of contact. 3) In no case shall the maximum ordinate to a I0 foot straightedge be greater than 1/8 inch. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102891 3213 13-17 CONCRETE PAVING Page 17 of 22 1 4) Any surface not within the tolerance limits shall be reworked and 2 refinished. 3 b. Edging 4 1) The edges of slabs and all joints requiring edging shall be carefully tooled 5 with an edger of the radius required by the Drawings at the time the 6 concrete begins to take its "set" and becomes non -workable. 7 2) All such work shall be left smooth and true to lines. 8 2. Hand 9 a. Hand finishing permitted only in intersections and areas inaccessible to a 10 finishing machine. 11 b. When the hand method of striking off and consolidating is permitted, the 12 concrete, as soon as placed, shall be approximately leveled and then struck off 13 with screed bar to such elevation above grade that, when consolidated and 14 finished, the surface of the pavement shall be at the grade elevation shown on 15 the Drawings. 16 c. A slight excess of material shall be kept in front of the cutting edge at all times. 17 d. The straightedge and joint finishing shall be as prescribed herein. 18 I. Curing 19 1. The curing of concrete pavement shaII be thorough and continuous throughout the 20 entire curing period. 21 2. Failure to provide proper curing as herein prescribed shall be considered as 22 sufficient cause for immediate suspension of the paving operations. 23 3. The curing method as herein specified does not preclude the use of any of the other 24 commonly used methods of curing, and the City may approve another method of 25 curing if so requested by the Contractor. 26 4. If any selected method of curing does not afford the desired results, the City shall 27 have the right to order that another method of curing be instituted. 28 5. After removal of the side forms, the sides of the slab shall receive a like coating 29 before earth is banked against them. 30 6. The solution shall be applied, under pressure with a spray nozzle, in such a manner 31 as to cover the entire surfaces thoroughly and completely with a uniform film. 32 7. The rate of application shall be such as to ensure complete coverage and shall not 33 exceed 20-square-yards-per-gallon of curing compound. 34 8. When thoroughly dry, it shall provide a continuous and flexible membrane, free 35 from cracks or pinholes, and shall not disintegrate, check, peel or crack during the 36 curing period. 37 9. If for any reason the seal is broken during the curing period, it shall be immediately 38 repaired with additional sealing solution. 39 10. When tested in accordance with ASTM C156 Water Retention by Concrete Curing 40 Materials, the curing compound shall provide a film which shall have retained 41 within the test specimen a percentage of the moisture present in the specimen when 42 the curing compound was applied according to the following. 43 11. Contractor shall maintain and properly repair damage to curing materials on 44 exposed surfaces of concrete pavement continuously for a least 72 hours. 45 J. Monolithic Curbs CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 321313-18 CONCRETE PAVING Page IS of 22 1 1. Concrete for monolithic curb shall be the same as for the pavement and, if carried 2 back from the paving mixer, shall be placed within 20-minutes after being mixed. 3 2. After the concrete has been struck off and sufficiently set, the exposed surfaces 4 shall be thoroughly worked with a wooden flat. 5 3. The exposed edges shall be rounded by the use of an edging too] to the radius 6 indicated on the Drawings. 7 4. All exposed surfaces of curb shall be brushed to a smooth and uniform surface. 8 K. Alley Paving 9 1. Alley paving shall be constructed in accordance with the specifications for concrete 10 paving hereinbefore described, in accordance with the details shown on the 11 Drawings, and with the following additional provisions: 12 a. Alley paving shall be constructed to the typical cross sections shown on the 13 Drawings. 14 b. Transverse expansion joints of the type shown on the Drawings shall be 15 constructed at the property line on each end of the alley with a maximum 16 spacing of 600 feet. 17 c. Transverse contraction and dummy joints shall be placed at the spacing shown 18 on the Drawings. 19 d. Contraction and dummy joints shall be formed in such a manner that the 20 required joints shall be produced to the satisfaction of the City. 21 e. All joints shall be constructed in accordance with this specification and filled 22 in accordance with the requirement of Section 32 13 73. 23 L. Pavement Leaveouts 24 1. Pavement leaveouts as necessary to maintain and provide for local traffic shall be 25 provided at location indicated on the Drawings or as directed by the City. 26 2. The extent and location of each leaveout required and a suitable crossover 27 connection to provide for traffic movements shall be determined in the field by the 28 City. 29 3.5 REPAIR 30 A. Repair of concrete pavement concrete shall be consistent with the Drawings and as 31 specified in Section 32 01 29. 32 3.6 RE -INSTALLATION [NOT USED] 33 3.7 SITE QUALITY CONTROL 34 A. Concrete Placement 35 1. Place concrete using a fully automated paving machine. Hand paving only 36 permitted in areas such as intersections where use of paving machine is not 37 practical 38 a. All concrete pavement not placed by hand shall be placed using a fully 39 automated paving machine as approved by the City. 40 b. Screeds will not be allowed except if approved by the City. 41 B. Testing of Materials 42 1. Samples of aII materials for test shall be made at the expense of the City, unless 43 otherwise specified in the special provisions or in the Drawings. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCIION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 32 13 13-19 CONCRETE PAVING Page 19 of 22 1 2. In the event the initial sampling and testing does not comply with the specifications, 2 all subsequent testing of the material in order to determine if the material is 3 acceptable shall be at the Contractor's expense at the same rate charged by the 4 commercial laboratories. 5 3. All testing shall be in accordance with applicable ASTM Standards and concrete 6 testing technician must be ACI certified or equivalent. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 C. Pavement Thickness Test 1. Upon completion of the work and before final acceptance and final payment shall be made, pavement thickness test shall be made by the City. 2. The number of tests and location shall be at the discretion of the City, unless otherwise specified in the special provisions or on the Drawings. 3. The cost for the initial pavement thickness test shall be the expense of the City. 4. In the event a deficiency in the thickness of pavement is revealed during normal testing operations, subsequent tests necessary to isolate the deficiency shall be at the Contractor's expense. 5. The cost for additional coring test shall be at the same rate charged by commercial laboratories. 6. Where the average thickness of pavement in the area found to be deficient in thickness by more than 0.20 inch, but not more than 0.50 inch, payment shall be made at an adjusted price as specified in the following table. 22 23 7. 24 25 26 8. 27 28 9. 29 30 31 10 32 33 34 35 11 36 Deficiency in Thickness Deterinined by Cores Proportional Part Of Contract Price Inches Allowed 0.00 — 0.20 100 percent 0.21— 0.30 80 percent 0.31— 0.40 70 percent 0.41— 0.50 60 percent Any area of pavement found deficient in thickness by more than 0.50 inch but not more than 0.75 inch or 1/10 of the thickness specified on the Drawings, whichever is greater, shall be evaluated by the City. If, in the judgment of the City the area of such deficiency should not be removed and replaced, there shall be no payment for the area retained. If, in the judgment of the City, the area of such deficiency warrants removal, the area shall be removed and replaced, at the Contractor's entire expense, with concrete of the thickness shown on the Drawings. Any area of pavement found deficient in thickness by more than 0.75 inch or more than 1/10 of the plan thickness, whichever is greater, shall be removed and replaced, at the Contractor's entire expense, with concrete of the thickness shown on the Drawings. No additional payment over the contract unit price shall be made for any pavement of a thickness exceeding that required by the Drawings. 37 D. Pavement Strength Test CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 321313-20 CONCRETE PAVING Page 20 of 22 1 1. During the progress of the work the City shall provide trained technicians to cast 2 test cylinders for conforming to ASTM C31, to maintain a check on the 3 compressive strengths of the concrete being placed. 4 2. After the cylinders have been cast, they shall remain on the job site and then 5 transported, moist cured, and tested by the City in accordance with ASTM C31 and 6 ASTM C39. 7 3. In each set, 1 of the cylinders shall be tested at 2 DAYS/3 DAYS, TWO 8 CYLINDERS SHALL BE TESTED AT 7 days; two cylinders shall be tested at 28 9 days. affd y ,...hade - sh l he held A-F rested] at 56 days, if neeessa ... 10 4. IF 2 DAYS/3 DAYS TEST RESULT INDICATE DEFICIENT STRENGTH, THE 11 OPENING OF PAVEMENT TO TRAFFIC SHALL NOT BE PERMITTED AND 12 PROJECT INSPECTOR MAY ASK THE CONTRACTOR TO RESUBMIT THE 13 CONCRETE MIX DESIGN TO MEET THE MINIMUM SPECIFIED 14 STRENGTH. If the 28 day test results indicate deficient strength, the Contractor 15 may, at its option and expense, core the pavement in question and have the cores 16 tested by an approved laboratory, in accordance with ASTM C42 and ACI 318 17 protocol, except the average of all cores must meet 100 percent of the minimum 18 specified strength, with no individual core resulting in less than 90 percent of 19 design strength, to override the results of the cylinder tests. 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 5. Cylinders and/or cores must meet minimum specified strength. If cylinders do not meet minimum specified strength, additional cores shall be taken to identify the limits of deficient concrete pavement at the expense of the Contractor. 6. Cylinders and/or cores must meet minimum specified strength. Pavement not meeting the minimum specified strength shall be subject to the money penalties or removal and placement at the Contractor's expense as show in the following table. Percent Deficient Percent of Contract Price Allowed Greater Than 0 percent - Not More Than 10 percent 90- ercent Greater Than 10 percent - Not More Than 15 ercent 80 ercent Greater Than t5 percent 0--percent or removed and replaced at the entire cost and expense of Contractor as directed by City 7. The amount of penalty shall be deducted from payment due to Contractor; such as penalty deducted is to defray the cost of extra maintenance. S. The strength requirements for structures and other concrete work are not altered by the special provision. 9. No additional payment over the contract unit price shall be made for any pavement of strength exceeding that required by the Drawings and/or specifications. E. Cracked Concrete Acceptance Policy 1. If cracks exist in concrete pavement upon completion of the project, the Project Inspector shall make a determination as to the need for action to address the cracking as to its cause and recommended remedial work. 2. If the recommended remedial work is routing and sealing of the cracks to protect the subgrade, the Inspector shall make the determination as to whether to rout and seal the cracks at the time of final inspection and acceptance or at any time prior to the end of the project maintenance period. The Contractor shall perform the routing and sealing work as directed by the Project Inspector, at no cost to the City, regardless of the cause of the cracking. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 321313-21 CONCRETE PAVING Page 2I of 22 1 3. If remedial work beyond routing and sealing is determined to be necessary, the 2 Inspector and the Contractor will attempt to agree on the cause of the cracking. If 3 agreement is reached that the cracking is due to deficient materials or workmanship, 4 the Contractor shall perform the remedial work at no cost to the City. Remedial 5 work in this case shall be limited to removing and replacing the deficient work with 6 new material and workmanship that meets the requirements of the contract. 7 4. If remedial work beyond routing and sealing is determined to be necessary, and the 8 Inspector and the Contractor agree that the cause of the cracking is not deficient 9 materials or workmanship, the City may request the Contractor to provide an 10 estimate of the cost of the necessary remedial work and/or additional work to 11 address the cause of the cracking, and the Contractor will perform that work at the 12 agreed -upon price if the City elects to do so. 13 5. If remedial work is necessary, and the Inspector and the Contractor cannot agree on 14 the cause of the cracking, the City may hire an independent geotechnical engineer 15 to perform testing and analysis to determine the cause of the cracking. The 16 contractor will escrow 50 percent of the proposed costs of the geotechnical contract 17 with the City. The Contractor and the City shall use the services of a geotechnical 18 firm acceptable to both parties. 19 6. If the geotechnical engineer determines that the primary cause of the cracking is the 20 Contractor's deficient material or workmanship, the remedial work will be 2.1 performed at the Contractor's entire expense and the Contractor will also reimburse 22 the City for the balance of the cost of the geotechnical investigation over and above 23 the amount that has previously been escrowed. Remedial work in this case shall be 24 limited to removing and replacing the deficient work with new material and 25 workmanship that meets the requirements of the contract. 26 7. If the geotechnical engineer determines that the primary cause of the cracking is not 27 the Contractor's deficient material or workmanship, the City will return the 28 escrowed funds to the Contractor. The Contractor, on request, will provide the City 29 an estimate of the costs of the necessary remedial work and/or additional work and 30 will perform the work at the agreed -upon price as directed by the City. 31 3.8 SYSTEM STARTUP [NOT USED] 32 3.9 ADJUSTING [NOT USED] 33 3.10 CLEANING [NOT USED] 34 3.11 CLOSEOUT ACTIVITIES [NOT USED] 35 3.12 PROTECTION [NOT USED] 36 3.13 MAINTENANCE [NOT USED] 37 3.14 ATTACHMENTS [NOT USED] 38 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 321313-22 CONCRETE PAVING Page 22 of 22 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 1.2.A — Modified items to be included in price bid 05/2112014 Doug Rademaker 2.2.1) -- Modified to clarify acceptable fly ash substitution in concrete paving CITY OF FORT WORTH - 2021 FOSSIL_ CREEL{ BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 321320-1 CONCRETE SIDEWALKS, DRIVEWAYS AND BARRIER FREE RAMPS Page 1 of 6 1 SECTION 32 13 20 2 CONCRETE SIDEWALKS, DRIVEWAYS AND BARRIER FREE RAMPS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Concrete sidewalks 7 2. Driveways 8 3. Barrier free ramps 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. F4 'r`i rl Pl 6j 'Fr m &N k 1 FAC."T " " P, i- -otm BLE W Al KIN 11 DOME -TILL F OR E AR k I 1AR FREE RAMP HAS BEEN REVISED AS Al]A 12 SOLT-Pi' ONS INC. OR APPR0VW laQUAL 9 Y THB C ff Y. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 - Bidding Requirements, Contract .Forms, and Conditions of the Contract 15 2. Division 1 - General Requirements 16 3. Section 02 41 13 - Selective Site Demolition 17 4. Section 32 13 13 - Concrete Paving 18 5. Section 32 13 73 - Concrete Paving Joint Sealants 19 1.2 PRICE AND PAYMENT PROCEDURES 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 A. Measurement and Payment 1. Concrete Sidewalk a. Measurement 1) Measurement for this Item shall be by the square foot of completed and accepted Concrete Sidewalk in its final position for various: a) Thicknesses b) Types b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under "Measurement" will be paid for at the unit price bid per square foot of Concrete Sidewalk. c. The price bid shall include: 1) Excavating and preparing the subgrade 2) Furnishing and placing all materials 2. Concrete Driveway a. Measurement 1) Measurement for this Item shall be by the square foot of completed and accepted Concrete Driveway in its final position for various: a) Thicknesses b) Types 2) Dimensions will be taken from the back of the projected curb, including the area of the curb radii and will extend to the limits specified in the Drawings. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROTECT Revised April 30, 2013 CITY PROJECT NO. 102881 321320-2 CONCRETE SIDEWALKS, DRIVEWAYS AND BARRIER FREE RAMPS Page 2 of 6 1 3) Sidewalk portion of drive will be included in driveway measurement. 2 4) Curb on drive will be included in the driveway measurement. 3 b. Payment 4 1) The work performed and materials furnished in accordance with this Item 5 and measured as provided under "Measurement" will be paid for at the unit 6 price bid per square foot of Concrete Driveway. 7 c. The price bid shall include: 8 1) Excavating and preparing the subgrade 9 2) Furnishing and placing all materials 10 3. Barrier free Ramps 11 a. Measurement 12 1) Measurement for this Item shall be per each Barrier Free Ramp completed 13 and accepted for various: 14 a) Types 15 b. payment 16 1) The work performed and materials furnished in accordance with this Item 17 and measured as provided under "Measurement" will be paid for at the unit 18 price bid per each "Barrier Free Ramp" installed. 19 c. The price bid shall include: 20 1) Excavating and preparing the subgrade 21 2) Furnishing and placing all materials 22 3) Curb Ramp 23 4) Landing and detectable warning surface as shown on the Drawings 24 5) Adjacent flares or side curb 25 1.3 REFERENCES 26 A. Abbreviations and Acronyms 27 1. TAS — Texas Accessibility Standards 28 2. TDLR — Texas Department of Licensing and Regulation 29 B. Reference Standards 30 1. Reference standards cited in this Specification refer to the current reference 31 standard published at the time of the Iatest revision date logged at the end of this 32 Specification, unless a date is specifically cited. 33 2. American Society for Testing and Materials (ASTM) 34 a. D545, Test Methods for Preformed Expansion Joint Fillers for Concrete 35 Construction (Non -extruding and Resilient Types) 36 b. D698, Test Methods for Laboratory Compaction Characteristics of Soil Using 37 Standard Effort (12,400 ft-lbf/ft3) 38 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 39 1.5 SUBMITTALS [NOT USED] 40 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS 41 A. Mix Design: submit for approval. Section 32 13 13. 42 B. Product Data: submit product data and sample for pre -cast detectable warning for 43 barrier free ramp. 44 1.7 CLOSEOUT SUBMITTALS [NOT USED] CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised April 30, 2013 CITY PROJECT NO. 102881 321320-3 CONCRETE SIDEWALKS, DRIVEWAYS AND BARRtE;R FREE RAMPS Page 3 of 6 1 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 2 1.9 QUALITY ASSURANCE [NOT USED] 3 110 DELIVERY, STORAGE, AND HANDLING [NOT USED] 4 1.11 FIELD CONDITIONS 5 A. Weather Conditions: Placement of concrete shall be as specified in Section 32 13 13. 6 1.12 WARRANTY [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 PART 2 - PRODUCTS 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 2.2 EQUIPMENT AND MATERIALS A. Forms: wood or metal straight, free from warp and of a depth equal to the thickness of the finished work. B. Concrete: see Section 32 13 13. 1. Unless otherwise shown on the Drawings or detailed specifications, the standard class for concrete sidewalks, driveways and barrier free ramps is shown in the following table: 30 2.3 31 2.4 Standard Classes of Pavement Concrete Class of Minimum 28 Day Min, Maximum Course Concrete' Cementitious, Compressive Water/ Aggregate Lb./CY Strength2 Cementitious Maximum psi Ratio Size, inch A 470 3000 0.58 1-1/2 C. Reinforcement: see Section 32 13 13. 1. Sidewalk, driveway and barrier free ramp reinforcing steel shall be #3 deformed bars at 18 inches on -center -both -ways at the center plane of all slabs, unless otherwise shown on the Drawings or detailed specifications. D. Joint Filler 1. Wood Filler: see Section 32 13 13. 2. Pre -Molded Asphalt Board Filler a. Use only in areas where not practical for wood boards. b. Pre -molded asphalt board filler: ASTM D545. c. Install the required size and uniform thickness and as specified in Drawings. d. Include 2 liners of 0.016 asphalt impregnated kraft paper filled with a mastic mixture of asphalt and vegetable fiber and/or mineral filler. E. Expansion Joint Sealant: see Section 32 I3 73 where shown on the Drawings. ACCESSORIES [NOT USED] SOURCE QUALITY CONTROL [NOT USED] 32 PART 3 - EXECUTION 33 3.1 INSTALLERS [NOT USED] CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised April 30, 2013 CITY PROJECT NO. 102881 321320-4 CONCRETE SIDEWALKS, DRIVEWAYS AND BARRIER FREE RAMPS Page 4 of 6 1 3.2 EXAMINATION [NOT USED] 2 3.3 PREPARATION 3 A. Surface Preparation 4 1. Excavation: Excavation required for the construction of sidewalks, driveways and 5 barrier free ramps shall be to the lines and grades as shown on the Drawings or as 6 established by the City. 7 2. Fine Grading 8 a. The Contractor shall do all necessary filling, Ieveling and fine grading required 9 to bring the subgrade to the exact grades specified and compacted to at least 90 10 percent of maximum density as determined by ASTM D698. 11 b. Moisture content shall be within minus 2 to plus 4 of optimum. 12 c. Any over -excavation shall be repaired to the satisfaction of the City. 13 B. Demolition / Removal 14 1. Sidewalk, Driveway and/ or Barrier Free Ramp Removal: see Section 02 41 13. 15 3.4 INSTALLATION 16 A. General 17 1. Concrete sidewalks shall have a minimum thickness of 4 inches. 18 2. Sidewalks constructed in driveway approach sections shall have a minimum 19 thickness equal to that of driveway approach or as called for by Drawings and 20 specifications within the limits of the driveway approach. 21 3. Driveways shall have a minimum thickness of 6 inches. Standard cross -slopes for 22 walks shall be 2 percent max in accordance with current TAS/TDLR guidelines. 23 The construction of the driveway approach shall include the variable height radius 24 curb in accordance with the Drawings. 25 4. All pedestrian facilities shall comply with provisions of TAS including location, 26 slope, width, shapes, texture and coloring. Pedestrian facilities installed by the 27 Contractor and not meeting TAS must be removed and replaced to meet TAS (no 28 separate pay). 29 B. Forms: Forms shall be securely staked to line and grade and maintained in a true 30 position during the depositing of concrete. 31 C. Reinforcement: see Section 32 13 13, 32 D. Concrete Placement: see Section 32 13 13. 33 E. Finishing 34 1. Concrete sidewalks, driveways and barrier free ramps shall be finished to a true, 35 even surface. 36 2. Trowel and then brush transversely to obtain a smooth uniform brush finish. 37 3. Provide exposed aggregate finish if specified. 38 4, Edge joints and sides shall with suitable tools. 39 F. Joints 40 1. Expansion joints for sidewalks, driveways and barrier free ramps shall be formed 41 using redwood. CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPEECIFICATION DOCUMENTS RESTORATION PROJECT Revised April 30, 2013 CTPY PROJECT NO. 102881 321320-5 CONCRETE SIDEWALKS, DRIVEWAYS AND BARRIER FREE RAMPS Page 5 of 6 1 2. Expansion joints shall be. placed at 40 foot intervals for 4 foot wide sidewalk and 50 2 foot intervals for 5 foot wide and greater sidewalk. 3 3. Expansion joints shall also be placed at all intersections, sidewalks with concrete 4 driveways, curbs, formations, other sidewalks and other adjacent old concrete work. 5 Similar material shall be placed around all obstructions protruding into or through 6 sidewalks or driveways. 7 4. All expansion joints shall be 1/2 inch in thickness. 8 5. Edges of all construction and expansion joints and outer edges of all sidewalks shall 9 be finished to approximately a 1/2 inch radius with a suitable finishing tool. 10 6. Sidewalks shall be marked at intervals equal to the width of the walk with a I marking tool. 12 7. When sidewalk is against the curb, expansion joints shall match those in the curb. 13 G. Barrier Free Ramp 14 1. Furnish and install brick red color pfte cast in place detectable warning Dome -Tile, 15 manufactured by StrongGe lfidustf4es ADA SOLUTION, INC. or approved equal 16 by the City. 17 2. Detectable warning surface shall be a minimum of 24-inch in depth in the direction 18 of pedestrian travel, and extend to a minimum of 48-inch along the curb ramp or 19 landing where the pedestrian access route enters the street. 20 3. Locate detectable warning surface so that the edge nearest the curb line is a 21 minimum of 6-inch and maximum of 8-inch from the extension of the face of the 22 curb. 23 4. Detectable warning Donne -Tile surface may be curved along the corner radius. 24 5. Install detectable warning surface according to manufacturer's instructions. 25 3.5 REPAIR/RESTORATION [NOT USED] 26 3.6 RE -INSTALLATION [NOT USE, 27 3.7 FIELD QUALITY CONTROL [NOT USED] 28 3.8 SYSTEM STARTUP [NOT USED] 29 3.9 ADJUSTING [NOT USED] 30 3.10 CLEANING [NOT USED] 31 3.11 CLOSEOUT ACTIVITIES [NOT USED] 32 33 34 35 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 12/20/2012 D. Johnson 1.2.A.3 — Measurement and Payment for Barrier Free Ramps modified to match updates! City Details CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised April 30, 2013 CITY PROJECT NO. 102881 321320-6 CONCRETE SIDEWALKS, DRIVEWAYS AND BARRIER FREE RAMPS Page 6 of 6 4/30/2013 F. Griffin Corrected Part I, 1.2, A, 3, b, I to read; from ... square foot of Concrete Sidewalk. �to ...each "Barrier Free Ramp' installed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 30, 2013 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 32 1373- 1 CONCRETE PAVING JOINT SEALANTS Page 1 of 5 1 SECTION 3213 73 2 CONCRETE PAVING JOINT SEALANTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Specification for silicone joint sealing for concrete pavement and curbs. 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. FOR T111S PROJl3C'f CONCR = PAVING 10INT SFAI_,ANT� ,SE&11ON 32" 9 13 73 SHALL RH VA FOR SEAL04G COMTN%,Y 301N'f ON LK.'INC 10 PAVEMENrI' t7NI-Y, SEAL LNG JOINT ON R'-P1-.AC1,-.1) CON PAVING 11 SHALL BE CONSIDERED S.OBS.IDIARY TO CONC RE"11; PAVING SFC-nON'' 12 32 13 13, 13 2_ SAW IN 0, CI, .l1LC lI+IO A: D Al > 'TI ?( h1`F SFsALA ITS 47P ]} { I'1.f1('.7�V i 14 OF BOND BAKER R QD ANP-3117,.AKER TAPE SHALL BE SUBSI IA.RY 7`(--R 15 JOINT lLANTS. 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 3. Section 32 13 13 - Concrete Paving 20 1.2 PRICE AND PAYMENT PROCEDURES 21 A. Measurement and Payment 22 1. Measurement 23 a. Measurement for this Item shall be by the linear foot of Joint Sealant completed 24 and accepted only FOR COURTESY JOINT ON EXISTING PAVEMENT 25 when speeifiedn the D f s to be . pay item. 26 2. Payment 27 3. The work performed and materials furnished in accordance with this Item WILL 28 BE PAID FOR AT THE UNIT PRICE BID PER LINEAR FOOT OF "JOINT 29 SEALANT" COMPLETED afe subsidiafy to the various items bid and no athe,- 30 68 0"^^tlA :'..ill be allowed,iris e6ifieal y n e f e o r,...,..,ings 31 SUBSIDIARY WORK AND MATERIALS INCLUDE: 32 a. SAWING JOINTS 33 b. CLEANING JOINTS 34 c. APPLYING JOINT SEALANTS UPON PLACING OF BOND BREAKER 35 ROD AND BREAKER TAPE 36 d. FURNISHING AND INSTALLING ALL MATERIALS 37 e. ALL MANIPULATIONS, LABOR, EQUIPMENT, APPLIANCES, TOOLS, 38 AND INCIDENTALS NECESSARY TO COMPLETE THE WORK. 39 CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 321373-2 CONCRETE PAVING JOINT SEALANTS Page 2 of 5 1 1.3 REFERENCES 2 A. Reference Standards 3 1. Reference standards cited in this Specification refer to the current reference 4 standard published at the time of the latest revision date logged at the end of this 5 Specification, unless a date is specifically cited. 6 2. ASTM International (ASTM): 7 a. D5893, Standard Specification for Cold Applied, Single Component, 8 Chemically Curing Silicone Joint Sealant for Portland Cement Concrete 9 Pavements 10 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 11 1.5 ACTION SUBMITTALS [NOT USED] 12 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 13 A. Test and Evaluation Reports 14 1. Prior to installation, furnish certification by an independent testing laboratory that 15 the silicone joint sealant meets the requirements of this Section. 16 2. Submit verifiable documentation that the manufacturer of the silicone joint sealant 17 has a minimum 2-year demonstrated, documented successful field performance 18 with concrete pavement silicone joint sealant systems. 19 1.7 CLOSEOUT SUBMITTALS [NOT USED] 20 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 21 1.9 QUALITY ASSURANCE [NOT USED] 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 1.11 FIELD CONDITIONS 24 A. Do not apply joint sealant when the air and pavement temperature is less than 35 25 degrees F 26 B. Concrete surface must be clean, dry and frost free. 27 C. Do not place sealant in an expansion -type joint if surface temperature is below 35 28 degrees F or above 90 degrees F. 29 1.12 WARRANTY [NOT USE, 30 PART 2 - PRODUCTS 31 2.1 OWNER FURNISHED PRODUCTS [NOT USED] 32 2.2 MATERIALS & EQUIPMENT 33 A. Materials 34 1. Joint Sealant: ASTM D5893. 35 2. Joint Filler, Backer Rod and Breaker Tape CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102981 321373-3 CONCRETE PAVING JOINT SEALANTS Page 3 of 5 I a. The joint filler sop shall be of a closed cell expanded polyethylene foam backer 2 rod and polyethylene bond breaker tape of sufficient size to provide a tight seal. 3 b. The back rod and breaker tape shall be installed in the saw -cut joint to prevent 4 the joint sealant from flowing to the bottom of the joint. 5 c. The backer rod and breaker tape shall be compatible with the silicone joint 6 sealant and no bond or reaction shall occur between them. 7 2.3 ACCESSORIES [NOT USED] 8 2.4 SOURCE QUALITY CONTROL [NOT USE, 9 PART 3 - EXECUTION 10 3.1 INSTALLERS [NOT USED] 11 3.2 EXAMINATION [NOT USED] 12 3.3 PREPARATION [NOT USED] 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 3.4 INSTALLATION A. General 1. The silicone sealant shall be cold applied. 2. Allow concrete to cure for a minimum of 7 days to ensure it has sufficient strength prior to sealing joints. 3. Perform joint reservoir saw cutting, cleaning, bond breaker installation, and joint sealant placement in a continuous sequence of operations. 4. See Drawings for the various joint details with their respective dimensions. B. Equipment 1. Provide all necessary equipment and keep equipment in a satisfactory working condition. 2. Equipment shall be inspected by the City prior to the beginning of the work. 3. The minimum requirements for construction equipment shall be as follows: a. Concrete Saw. The sawing equipment shall be adequate in size and power to complete the joint sawing to the required dimensions. b. Air Compressors. The delivered compressed air shall have a pressure in excess of 90 psi and shall be suitable for the removal of all free water and oil from the compressed air. c. Extrusion Pump. The output shall be capable of supplying a sufficient volume of sealant to the joint. d. Injection Tool. This mechanical device shall apply the sealant uniformly into the i oint. e. SandbIaster. The design shall be for commercial use with air compressors as specified in this Section. f. Backer Rod Roller and Tooling Instrument. These devices shall be clean and free of contamination. They shall be compatible with the joint depth and width requirements. C. Sawing Joints: see Section 32 13 13. CITY OF PORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 32 13 73 - 4 CONCRETE PAVING JOINT SEALANTS Page 4 of 5 1 D, Cleaning joints 2 1. Dry saw in 1 direction with reverse cutting blade then sand blast. 3 2. Use compressed air to remove the resulting dust from the joint. 4 3. Sandblast joints after complete drying. S a. Attach nozzle to a mechanical aiming device so that the sand blast will be 6 directed at an angle of 45 degrees and at a distance of 1 to 2 inches from the 7 face of the joint. 8 b. Sandblast both joint faces sandblasted in separate, 1 directional passes. 9 c, When sandblasting is complete, blow-out using compressed air. 10 d. The blow tube shall fit into the joints. 11 4. Check the blown joint for residual dust or other contamination. I2 a. If any dust or contamination is found, repeat sandblasting and blowing until the 13 joint is cleaned. 14 b, Do not use solvents to remove stains and contamination. 15 5. Place the bond breaker and sealant in the joint irnmediately upon cleaning. 16 6. Bond Breaker Rod and Tape: install in the cleaned joint prior to the application of 17 the joint sealant. 18 7. Do not leave open, cleaned joints unsealed overnight. 19 E. Joint Sealant 20 1. Apply the joint sealant upon placement of the bond breaker rod and tape, using the 21 mechanical injection tool. 22 2. Do not seal joints unless they are clean and dry. 23 3. Remove and discard excess sealant left on the pavement surface. 24 a. Do not excess use to seal the joints. 25 4. The pavement surface shall present a clean final condition as determined by City. 26 5. Do not allow traffic on the fresh sealant until it becomes tack -free. 27 F. Approval of Joints 28 1. The City may request a representative of the sealant manufacturer to be present at 29 the job site at the beginning of the final cleaning and sealing of joints. 30 a, The representative shall demonstrate to the Contractor and the City the 31 acceptable method for sealant installation. 32 b. The representative shall approve the clean, dry joints before the sealing 33 operation commences. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 1 2 3 4 5 6 7 8 9 10 11 12 13 32I373-5 CONCRETE PAVING JOINT SEALANTS Page 5 of 5 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME I SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 3291 19 - 1 TOPSOIL PLACEMENT AND FINISHING OF PARKWAYS Page 1 of 3 1 SECTION 32 9119 2 TOPSOIL PLACEMENT AND FINISHING OF PARKWAYS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Furnish and place topsoil to the depths and on the areas shown on the Drawings. 7 B. Deviations from this City of Fort Worth Standard Specification 8 FOR THIS 1:1RO EC'T 1 URNISFIING, HAIJIJNO, LOADLNG AND PLACING, 9 TOP S011-13 EF1 IND CL-1 RB SI]ALL RE t-'OtN S IDEi2LD SUBS (DIARY TO 10 CONCRE11-- PA V IN G SEC710hI 32 13 1 , F(I NISHINCT A.N1) 1.3LACINCT'FoP 11 SOIL '[ O THE DEPTHS III 'I N E; ARI-,A 9.1 11ER THAN BACK Of CUR:: 1.9 12 PA UNDER TH IS r F;fvl. 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 TOP SOIL BEHIND CURB IS SUBSIDIARY TO 18 CONCRETE PAVING SECTION 32 13 13. 19 1. Measurement 20 a. Measurement for this Item shall be by cubic yard of Topsoil in place. 21 2, Payment 22 a. The work performed and materials furnished in accordance with this Item and 23 measured as provided under "Measurement" will be paid for at the unit price bid 24 per cubic yard of Topsoil. 25 b. All excavation required by this Item in cut sections shall be measured in 26 accordance with provisions for the various excavation items involved with the 27 provision that excavation will be measured and paid for once, regardless of the 28 manipulations involved. 29 3. The price bid shall include: 30 a. Furnishing Topsoil 31 b. Loading 32 c. Hauling 33 d. Placing 34 35 1.3 REFERENCES [NOT USED] 36 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 37 1.5 ACTION SUBMITTALS [NOT USED] 38 1.6 ACTION SUBA/HTTALSANFORMATIONAL SUBMITTALS [NOT USED] 39 1.7 CLOSEOUT SUBMITTALS [NOT USED] 40 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] CITY OF FORT WORTH 2O21 FOSSIL CREED BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 329119.2 TOPSOIL PLACEMENT AND FINISHING OF PARKWAYS Page 2 of 3 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 6 2.1 OWNER -FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 7 2.2 MATERIALS 8 A. Topsoil 9 1. Use easily cultivated, fertile topsoil that: 10 a. Is free from objectionable material including subsoil, weeds, clay lumps, non- 1 l soil materials, roots, stumps or stones larger than 1.5 inches 12 b. Has a High resistance to erosion 13 e. Is able to support plant growth 14 2. Secure topsoil from approved sources. 15 3. Topsoil is subject to testing by the City. 16 4. pH: 5.5 to 8.5. 17 5. Liquid Limit: 50 or less 18 6. Plasticity Index: 20 or less 19 7. Gradation: maximum of 10 percent passing No. 200 sieve 20 B. Water: Clean and free of industrial wastes and other substances harmful to the growth 21 of vegetation 22 2.3 ACCESSORIES [NOT USED] 23 2.4 SOURCE QUALITY CONTROL [NOT USED] 24 PART 3 - EXECUTION 25 3.1 INSTALLERS [NOT USED] 26 3.2 EXAMINATION [NOT USED] 27 3.3 PREPARATION [NOT USED] 28 3.4 INSTALLATION 29 A. Finishing of Parkways 30 1. Smoothly shape parkways, shoulders, slopes, and ditches. 31 2. Cut parkways to finish grade prior to the placing of any improvements in or 32 adjacent to the roadway. 33 3. In the event that unsuitable material for parkways is encountered, extend the depth 34 of excavation in the parkways 6 inches and backfill with top soil. 35 4. Make standard parkway grade perpendicular to and draining to the curb line. 36 a. Minimum: 1/4 inch per foot 37 b. Maximum:4:1 38 c. City may approve variations from these requirements in special cases. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised Dccembei 20, 2012 CITY PROJECT NO. 102891 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 3291 19 - 3 TOPSOIL PLACEMENT AND FINISHING OF PARKWAYS Page 3 of 3 5. Whenever the adjacent property is lower than the design curb grade and runoff drains away from the street, the parkway grade must be set Ievel with the top of the curb. 6. The design grade from the parkway extends to the back of the walk line. 7. From that point (behind the walk), the grade may slope up or down at maximum slope of 4: 1. B. Placing of Topsoil 1. Spread the topsoil to a uniform loose cover at the thickness specified. 2. Place and shape the topsoil as directed. 3. Hand rake finish a minimum of 5 feet from all flatwork. 4. Tamp the topsoil with a light roller or other suitable equipment. 3.5 REPAIR/RESTORATION] [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 39 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.1.2 PROTECTION [NOT USE, 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 24 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROTECT NO. 102881 3305 14- 1 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 1 of 8 I SECTION 33 0514 2 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO 3 GRADE 4 PART1- GENERAL 5 1.1 SUMMARY 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A. Section Includes: 1. Vertical adjustments to manholes, drop inlets, valve boxes, cathodic protection test stations and other miscellaneous structures to a new grade B. Deviations from this City of Fort Worth Standard Specification 1. FOR 'PHIS PROTECT i+v1WOR ADR)STMENT O MANIMLE, WA'i.'Fs METER BUX AND NALVE BO X ADJUSTY1E: f SIiALL BE CONS TD. Rkl .1j SUBS IDI.AR Y T 0 CONC RE-TT� PA VLNG SEC 1'I0N A? 13 11 2. AC�J S'1':�ij::lV'I'�R1~A�'fl t)F.F? ISTL G IRE#1CfA'!'(7iwl l.lh]i; r [ST1 APPURTENANC S 14Y A LICE SED TEk1J5 P1JJMf E;R SRAI,I. Bh P'A PUF :-AQ JAL COW OT' .tAU,Jt.US'1'MENT PLUS TEN PERC'1INT 0VFR RE -,AD. 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 3. Section 32 01 17 Permanent Asphalt paving Repair 4. Section 32 0129 -- Concrete Paving Repair 5. Section 33 05 10 — Utility Trench Excavation, Embedment and Backfill 6. Section 33 05 13 — Frame, Cover and Grade Rings 7. Section 33 39 10 — Cast -in -Place Concrete Manholes 8. Section 33 39 20 -- Precast Concrete Manholes 9. Section 33 I2 20 —Resilient Seated (Wedge) Gate Valve 10. Section 33 12 21 — AWWA Rubber -Seated Butterfly Valve 11. Section 33 04 11 — Corrosion Control Test Station 12. Section 33 04 12 — Magnesium Anode Cathodic Protection System 30 1,2 PRICE AND PAYMENT PROCEDURES 31 A. Measurement and Payment 32 1. Manhole —Minor Adjustment: SUBSIDIARY TO CONCRETE PAVING 33 a. Me nt 34 1 ` r.^ e..sar- ,...,,: t for this item shall be k djtts._ ent using only ade 35 rings of 4hef "nor- a a store nt devioes t faise f to hele to 36 grade gip:,., , 37 b. payment CrrY OF FORT WORTH 2021 FOSSIL. CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102991 330514-2 ADJUSTING, MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 2 of 8 1 2 , 3 Minor" , p tea 4 5 ,) Pavement -eme r :l 6 2) ENe-avatiert 7 3) H� 6 Disposal of ex6e _ma4efia 9 5)--Gwader-inss-or-- oL= d=ff ,.v a justmelat µe,A 10 6) Reuse f the exiNtiag manhole frame and eavef 11 f embcu:: t u .d buc�,rt 4r VAA Vi � V)Fur-nishing, plaoing and of 12 9) Ge ete base matefW 13 n .,t n t w ` ^y� u s regttife r, 9) ph.,lt p O ���b .: 14 44)-� 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 2. Manhole -Major Adjustment a. Measurement 1) Measurement for this Item shall be per each adjustment requiring structural modifications to raise or lower a manhole to a grade as specified on the Drawings. b. Payment 1) The work performed and the materials furnished in accordance with this Item will be paid for at the unit price bid per each "Manhole Adjustment, Major" completed. c. The price bid shall include: 1) Pavement removal 2) Excavation 3) Hauling 4) Disposal of excess material 5) Structural modifications, grade rings or other adjustment device 6) Reuse of the existing manhole frame and cover 7) Furnishing, placing and compaction of embedment and backfill 8) Concrete base material 9) Permanent asphalt patch or concrete paving repair, as required 10) Clean-up 3. Manhole -Major Adjustment with Frame and Cover a. Measurement 1) Measurement for this Item shall be per each adjustment requiring structural modifications to raise or lower a manhole to a grade specified on the Drawings or structural modifications for a manhole requiring a new frame and cover, often for changes to cover diameter. b. Payment 1) The work performed and the materials furnished in accordance with this Item will be paid for at the unit price bid per each "Manhole Adjustment, Major wl Cover" completed. c. The price bid shall include: 1) Pavement removal 2) Excavation 3) Hauling 4) Disposal of excess material CITY OF FORT WORTH 2021 FOSSIL CREED BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102891 330514-3 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 3 of 8 1 5) Structural modifications, grade rings or other adjustment device 2 6) Frame and cover 3 7) Furnishing, placing and compaction of embedment and backfill 4 8) Concrete base material 5 9) Permanent asphalt patch or concrete paving repair, as required 6 10) Clean-up 7 4. Inlet 8 a. Measurement 9 1) Measurement for this Item shall be per each adjustment requiring structural 10 modifications to inlet to a grade specified on the Drawings. I b. Payment 12 1) The work performed and the materials furnished in accordance with this 13 Item will be paid for at the unit price bid per each "Inlet Adjustment" 14 completed. 15 c. The price bid shall include: 16 1) Pavement removal 17 2) Excavation 18 3) Hauling 19 4) Disposal of excess material 20 5) Structural modifications 21 6) Furnishing, placing and compaction of embedment and backfill 22 7) Concrete base material, as required 23 8) Surface restoration, permanent asphalt patch or concrete paving repair, as 24 required 25 9) Clean-up 26 5. Valve Box: SUBSIDIARY TO CONCRETE PAVING 27 u. Me „r 28 29 ,. the Dr- 30 b. 42ayffient 31 32Adjustment" 34 B, - The p e bid shall : „7. de: 35 1) Paveffleltt reffieval 36 2) Excavatiafl 37 3) 14ttelin 38 4Disposal of ex essfnatefig 39 5) stment dey46 41 , as required 42 R) SllrfRee festofa6eii, permanent asphalt pateh_ cop Fete 43 fegluife 44 m Clean 45 6. Cathodic Protection Test Station 46 a. Measurement 47 1) Measurement for this Item shall be per each adjustment to a grade specified 48 on the Drawings. 49 b. Payment CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102981 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 330514-4 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 4 of 8 1) The work performed and the materials furnished in accordance with this Item will be paid for at the unit price bid per each "Cathodic Protection Test Station Adjustment" completed. c. The price bid shall include: 1) Pavement removal 2) Excavation 3) Hauling 4) Disposal of excess material 5) Adjustment device 6) Furnishing, placing and compaction of embedment and backfill 7) Concrete base material, as required 8) Surface restoration, permanent asphalt patch or concrete paving repair, as required 9) Clean-up 7. Fire Hydrant a. Measurement 1) Measurement for this Item shall be per each adjustment requiring stem extensions to meet a grade specified by the Drawings. b. Payment 1) The work performed and the materials furnished in accordance with this Item will be paid for at the unit price bid per each "Fire Hydrant Stem Extension" completed. c. The price bid shall include: 1) Pavement removal 2) Excavation 3) Hauling 4) Disposal of excess material 5) Adjustment materials 6) Furnishing, placing and compaction of embedment and backfill 7) Concrete base material, as required 8) Surface restoration, permanent asphalt patch or concrete paving repair, as required 9) Clean-up 8. Miscellaneous-Slnw4ur-eUTILITY ADJUSTMENT a. Measurement 44 Measurement for this Item shall be per each adjustment requiring structural modifications to UTILITYARRIGATON LINE AND APPURTENANCES WHERE SUCH UTILITY/IRRIGATION LINE ARE THE PROPERTY OWNER'S RESPONSIBILITY TO MAINTAIN said stfuetur-e to a -Fa speGified off 64e Drawings-. b. Payment I) The work performed and the materials furnished in accordance with this Item will be paid PER ACTUAL COST OF THE ADJUSTMENTS PLUS TEN PERCENT TO COVER THE COST OF BOND AND OVERHEAD INCURRED BY THE CONTRACTOR IN HANDLING THE UTILITY ADJUSTMNETS fof at the ifflit Pr4ee bid pef eaeh "Miseella c. The price bid shall include: 1) Pavement removal CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT CITY PROJECT NO. 102881 330514-5 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 5 of 8 1 2) Excavation 2 3) Hauling 3 4) Disposal of excess material 4 5) Styuetufa4 UTILITY modifications 5 6) Furnishing, placing and compaction of embedment and backfill 6 7) Concrete base material 7 8) Permanent asphalt patch or concrete paving repair, as required 8 9) Clean-up 9 1.3 REFERENCES 10 A. Definitions 11 1. Minor Adjustment 12 a. Refers to a small elevation change performed on an existing manhole where the 13 existing frame and cover are reused. 14 2. Major Adjustment 15 a. Refers to a significant elevation change performed on an existing manhole 16 which requires structural modification or when a 24-inch ring is changed to a 17 30-inch ring. 18 B. Reference Standards 19 1. Reference standards cited in this Specification refer to the current reference 20 standard published at the time of the latest revision date logged at the end of this 21 Specification, unless a date is specifically cited. 22 2. Texas Commission on Environmental Quality (TCEQ): 23 a. Title 30, Part I, Chapter 217, Subchapter C, Rule 217.55 — Manholes and 24 Related Structures. 25 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USE, 34 PART 2 - PRODUCTS 35 21 OWNER -FURNISHED [oR] OWNER -SUPPLIED PRODUCTS [NOT USED] 36 2.2 MATERIALS 37 A. Cast -in -Place Concrete CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CrrY PROJECT NO. 102881 330514-6 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 6 of 8 1 1. See Section 03 30 00, 2 B. Modifications to Existing Concrete Structures 3 1. See Section 03 80 00. 4 C. Grade Rings 5 1. See Section 33 05 13. 6 D. Frame and Cover 7 1. See Section 33 05 13. 8 E. Backfill material 9 1. See Section 33 05 10. 10 F. Water valve box extension 11 1. See Section 33 12 20. 12 G. Corrosion Protection Test Station 13 1. See Section 33 04 11. 14 H. Cast -in -Place Concrete Manholes 15 1, See Section 33 39 10, 16 1. Precast Concrete Manholes 17 1. See Section 33 39 20. 18 2.3 ACCESSORIES f NOT USED] 19 2.4 SOURCE QUALITY CONTROL [NOT USED] 20 PART 3 - EXECUTION 21 3.1 INSTALLERS [NOT USED] 22 3.2 EXAMINATION 23 A. Verification of Conditions 24 1. Examine existing structure to be adjusted, for damage or defects that may affect 25 grade adjustment. 26 a. Report issue to City for consideration before beginning adjustment. 27 3.3 PREPARATION 28 A. Grade Verification 29 1. On major adjustments confirm any grade change noted on Drawings is consistent 30 with Feld measurements. 31 a. If not, coordinate with City to verify final grade before beginning adjustment. 32 3.4 ADJUSTMENT 33 A. Manholes, Inlets, and Miscellaneous S UTILITY ADJUSTMENT 34 1. On any sanitary sewer adjustment replace 24-inch frame and cover assembly with 35 30-inch frame and cover assembly per TCEQ requirement. CITY OF FORT WORTH 2021 FOSSIL CREED BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 330514-7 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 7 of 8 1 2. On manhole major adjustments, inlets and miscellaneous structures protect the 2 bottom using wood forms shaped to fit so that no debris blocks the invert or the 3 inlet or outlet piping in during adjustments. 4 a. Do not use any more than a 2-piece bottom. 5 3. Do not extend chimney portion of the manhole beyond 24 inches. 6 4. Use the least number of grade rings necessary to meet required grade. 7 a. For example, if a 1-foot adjustment is required, use 2 6-inch rings, not 6 2-inch 8 rings. 9 5. A LICENSED TEXUS PLUMBER SHALL BE RESPONSIBLE FOR 10 REPAIR/ADJUSTMENT OF UTILITY/MRIGATION LINE AND 11 APPURTENANCES 12 B. Valve Boxes 13 1. Utilize typical 3 piece adjustable valve box for adjusting to final grade as shown on 14 the Drawings. 15 C. Backfill and Grading 16 1. Backfill area of excavation surrounding each adjustment in accordance to Section 17 3305 10. 18 D. Pavement Repair 19 1. If required pavement repair is to be performed in accordance with Section 32 01 17 20 or Section 32 0129. 21 3.5 REPAIR / RESTORATION f NOT USED] 22 3.6 RE'E-INSTALLATION [NOT USED] 23 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 24 3.8 SYSTEM STARTUP [NOT USED] 25 3.9 ADJUSTING [NOT USED] 26 310 CLEANING [NOT USED] 27 3.11 CLOSEOUT ACTIVITIES fNOT USEDI 28 3.12 PROTECTION f NOT USED] 29 3.13 MAINTENANCE [NOT USED] 30 3.1.4 ATTACHMENTS [NOT USED] 31 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.2.A — Pay item added for a major manhole adjustment which reuses the existing frame and cover and a major adjustment requiring a new frame and cover; Added l 2/20/2012 D. Johnson items to be included in price bids; Blue text added for clarification for miscellaneous structure adjustments 3.4 — Pavement repair requirements were added CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102891 330514-8 ADJUSTING MANHOLES, INLET'S, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 8 of 8 CITY OF FORT WORTH 2O21 FOSSIL CREED BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised December 20, 2012 CITY PROJECT NO. 102881 347113-1 TRAFFIC CONTROL Page 1 of 6 1 SECTION 34 7113 2 TRAFFIC CONTROL 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Installation of Traffic Control Devices and preparation of Traffic Control Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 l _ FOR THIS PROJECT TR A F FIC CONTROL. S1E(7. I'O1q-34 7-1 9 CONSII FRED SUBSIDIARY WORK, -N() 9EPAKA7I~, PAY_ 10 2_ TRAFTIC CONTROL FIVIPLI-,lvlENTATIOo , INSTALLATION; 11 MAINTENANCE. ADJIJS'I'IV ENT5, RE - CF?MEIVTS AND REMOVALOP 12 TRAFFIC CONTROL DEVICE'S 9 VALI, RF CONSIDEKED .SUB5IDLARY 13 WORK, INN SEPARAIT PAY. 14 1 PREPARATION OF TRAFFIC CONTROL Pl ,A:N DETAILS, ADHFRENCE T6 15 CP!'Y AND TEXAS MANl IAl., ON I.]N1R)RM TR.A.M- C CONTROJ. D FY ICES' 16 ('I"rbIUMD), OBTAINING SKINATUREAND til?AL ❑F A LICHNSEDTEXAS 17 PI OI~'ESSIt IAL CNCTf HALL BE CONS 11M. �l r-D Sk113SWIARY 18 WORK N()Sle. PARA TPAY_ 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 - Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1 - General Requirements 22 1.2 PRICE AND PAYMENT PROCEDURES 23 A. Measurement and Payment 24 1. Installation of Traffic Control Devices: SUBSIDIARY NO SEPARATE PAY 25 a. r.Re s.,..effi iit 26 27 28 29 b Pay. —A 30 31 32 13ttit pfice bid fef "Tr- ffie Control". 33 e. The f-iee mid shall ineludet 34 14 T,.., ffie Geti4 f, l implementalieft 35 2)- InRtallatieff 36 3)) Mainten ce 37 4 Adjustments 38 5) ReplaGlTlIent 39 6) Removal 40 ?) D: IiPR .-R44-4o 61-14449 T h 41 2. Portable Message Signs CITY OF FORT WORTH 2O21 FOSSIL CRFEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised November 22, 2013 CITY PROJECT NO. 102881 3471 13 - 2 TRAFFIC CONTROL Page 2 of 6 1 a. Measurement 2 1) Measurement for this Item shall be per week for the duration of use. 3 b. Payment 4 1) The work performed and materials furnished in accordance to this Item and 5 measured as provided under "Measurement" shall be paid for at the unit 6 price bid per week for "Portable Message Sign" rental. 7 c. The price bid shall include: 8 1) Delivery of Portable Message Sign to Site 9 2) Message updating 10 3) Sign movement throughout construction 11 4) Return of the Portable Message Sign post -construction 12 3. Preparation of Traffic Control Plan Details: SUBSIDIARY NO SEPARATE PAY 13 a. Me r=t 14 1) 1+ t fa f I+effi be pef . aeh Truffi Ga 91 Detail r,E..t,. red. 15 b. payfaext 16 17 .,r the i it-prrEe bid pop e$eh "T-:af-f e Ga tfo1 Dot 18 Pfepar-ed. 19 e. The , e bid shall : elt:de: 20 21 longer 22 23 24 25 26 1.3 REFERENCES 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date lagged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 32 3. Item 502, Barricades, Signs, and Traffic Handling of the Texas Department of 33 Transportation, Standard Specifications for Construction and Maintenance of 34 Highways, Streets, and Bridges. 35 1.4 ADMINISTRATIVE REQUIREMENTS 36 A. Coordination 37 1. Contact Traffic Services Division (817-392-7738) a minimum of 48 hours prior to 38 implementing Traffic Control within 500 feet of a traffic signal. 39 B. Sequencing 40 1. Any deviations to the Traffic Control Plan included in the Drawings must be first 41 approved by the City and design Engineer before implementation. 42 1.5 SUBMITTALS 43 A. Provide the City with a current list of qualified flaggers before beginning flagging 44 activities. Use only flaggers on the qualified list. CITY OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised November 22, 2013 CITY PROJECT NO. 102881 3471 13 - 3 TRAFFIC CONTROL Page 3 of 6 1 B. Obtain a Street Use Permit from the Street Management Section of the Traffic 2 Engineering Division, 311 W. 10' Street. The Traffic Control Plan (TCP) for the 3 Project shall be as detailed on the Traffic Control Plan Detail sheets of the Drawing set. 4 A copy of this Traffic Control Plan shall be submitted with the Street Use Permit. 5 C. Traffic Control PIans shall be signed and sealed by a licensed Texas Professional 6 Engineer. 7 D. Contractor shall prepare Traffic Control Plans if required by the Drawings or 8 Specifications. The Contractor will be responsible for having a licensed Texas 9 Professional Engineer sign and seal the Traffic Control Plan sheets. 10 E. Lane closures 24 hours or longer shall require a site -specific traffic control plan. 1 I F. Contractor responsible for having a licensed Texas Professional Engineer sign and seal 12 changes to the Traffic Control Plan(s) developed by the Design Engineer. 13 G. Design Engineer will furnish standard details for Traffic Control. 14 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 15 1.7 CLOSEOUT SUBMITTALS [NOT USED] 16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17 1.9 QUALITY ASSURANCE [NOT USED] 18 110 DELIVERY, STORAGE, AND HANDLING [NOT USED] 19 1.11 FIELD [SITE] CONDITIONS [NOT USED] 20 1.12 WARRANTY [NOT USED] 21 PART 2 - PRODUCTS 22 2.1 OWNER -FURNISHED [oR] OWNER -SUPPLIED PRODUCTS [NOT USED] 23 24 25 26 27 28 29 30 31 32 33 2.2 ASSEMBLIES AND MATERIALS A. Description 1. Regulatory Requirements a. Provide Traffic Control Devices that conform to details shown on the Drawings, the TMUTCD, and TxDOT's Compliant Work Zone Traffic Control Device List (CWZTCDL). 2. Materials a. Traffic Control Devices must meet all reflectivity requirements included in the TMUTCD and TxDOT Specifications — Item 502 at all times during construction. b. Electronic message boards shall be provided in accordance with the TMUTCD. Crl'Y OF FORT WORTH 2O21 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised November 22, 2013 CITY PROJECT NO. 102881 347113-4 TRAFFIC CONTROL Page 4 of 6 1 2.3 ACCESSORIES [NOT USE, 2 2.4 SOURCE QUALITY CONTROL [NOT USED] 3 PART 3 - EXECUTION 4 3.1 EXAMINATION fNOT USED] 5 3.2 PREPARATION 6 A. Protection of In -Place Conditions 7 1. Protect existing traffic signal equipment. 8 3.3 INSTALLATION 9 A. Follow the Traffic Control PIan (TCP) and install Traffic Control Devices as shown on 10 the Drawings and as directed. 11 B. Install Traffic Control Devices straight and plumb. 12 C. Do not make changes to the Iocation of any device or implement any other changes to 13 the Traffic Control Plan without the approval of the Engineer. 14 1. Minor adjustments to meet field constructability and visibility are allowed. 15 D. Maintain Traffic Control Devices by taking corrective action as soon as possible. 16 1. Corrective action includes but is not limited to cleaning, replacing, straightening, 17 covering, or removing Devices. 18 2. Maintain the Devices such that they are properly positioned, spaced, and legible, 19 and that retroreflective characteristics meet requirements during darkness and rain. 20 E. If the Inspector discovers that the Contractor has failed to comply with applicable federal 21 and state laws (by failing to furnish the necessary flagmen, warning devices, barricades, 22 lights, signs, or other precautionary measures for the protection of persons or property), the 23 Inspector may order such additional precautionary measures be taken to protect persons 24 and property. 25 F. Subject to the approval of the Inspector, portions of this Project, which are not affected by 26 or in conflict with the proposed method of handling traffic or utility adjustments, can be 27 constructed during any phase. 28 G. Barricades and signs shall be placed in such a manner as to not interfere with the sight 29 distance of drivers entering the highway from driveways or side streets. 30 H. To facilitate shifting, barricades and signs used in lane closures or traffic staging may 31 be erected and mounted on portable supports. 32 1. The support design is subject to the approval of the Engineer. 33 I. Lane closures shall be in accordance with the approved Traffic Control Plans. 34 J. If at any time the existing traffic signals become inoperable as a result of construction 35 operations, the Contractor shall provide portable stop signs with 2 orange flags, as 36 approved by the Engineer, to be used for Traffic Control. C TY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised November 22, 2013 CITY PROJECT NO. 102881 3471 13-5 TRAFFIC CONTROL Page 5 of 6 1 K. Contractor shall make arrangements for police assistance to direct traffic if traffic signal 2 turd-ons, street light pole installation, or other construction will be done during peak traffic 3 times (AM: 7 am — 9 am, PM: 4 pm - 6 pm). 4 L. Flaggers 5 1. Provide a Contractor representative who has been certified as a flagging instructor 6 through courses offered by the Texas Engineering Extension Service, the American 7 Traffic Safety Services Association, the National Safety Council, or other approved 8 organizations. 9 a. Provide the certificate indicating course completion when requested. 10 b. This representative is responsible for training and assuring that all flaggers are i 1 qualified to perform flagging duties. 12 2. A qualified flagger must be independently certified by 1 of the organizations listed 13 above or trained by the Contractor's certified flagging instructor. 14 3. Flaggers must be courteous and able to effectively communicate with the public. 15 4. When directing traffic, flaggers must use standard attire, flags, signs, and signals 16 and follow the flagging procedures set forth in the TMUTCD. 17 5. Provide and maintain flaggers at such points and for such periods of time as may be 18 required to provide for the safety and convenience of public travel and Contractor's 19 personneI, and as shown on the Drawings or as directed by the Engineer. 20 a. These flaggers shall be located at each end of the lane closure. 21 M. Removal 22 1. Upon completion of Work, remove from the Site all barricades, signs, cones, lights 23 and other Traffic Control Devices used for work -zone traffic handling in a timely 24 manner, unless otherwise shown on the Drawings. 25 3.4 REPAIR I RESTORATION [NOT USED] 26 3.5 RE -INSTALLATION [NOT USED] 27 3.6 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 28 3.7 SYSTEM STARTUP [NOT USE, 29 3.8 ADJUSTING [NOT USED] 30 3.9 CLEANING [NOT USED] 31. 3.10 CLOSEOUT ACTIVITIES [NOT USED] 32 3.11 PROTECTION [NOT USED] 33 312 MAINTENANCE [NOT USED] 34 3.13 ATTACHMENTS [NOT USED] 35 END OF SECTION 36 Revision Log CITY OF FORT WORTH 2021 FOSSIL CREED BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised November 22, 2013 CITY PROJECT NO. 102881 347113-6 TRAFFIC CONTROL Page 6 of 6 DATE NAME SUMMARY OF CHANGE 11/22/13 S. Arnold Added police assistance, requirement for when a site specific TCP is required CITY OF FORT WORTH 2021 FOSSIL CREEK BOULEVARD CONCRETE STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESTORATION PROJECT Revised November 22, 2013 CITY PROJECT NO. 102881 SECTION 99 99 00 SPECIAL SPECIFICATION Geogrid, Tensar TriAX140-475 1. Description: Furnish and place geogrid in accordance with the lines and grades shown on the plans or as directed. 2. Materials: Geogrid, a synthetic planar structure formed by a regular network of integrally connected polymeric tensile elements with triangular apertures designed to interlock with the surrounding fill material. Geogrid is used for the reinforcement of roadway base or embankment materials. Furnish geogrid that meets the requirements of Table 1. Use roll widths and lengths shown on the plans or as approved. Deliver each roll of geogrid in suitable packaging to protect it from environmental degradation; each roll will be one continuous piece without discontinuities in the ribs. The Engineer will obtain at least one (1) sample of the geogrid per project for testing, as needed, to verify compliance with Table 1. Table I Geoi!rid Requirements TX140 Index Properties Longitudinal Diagonal Transverse General Rib pitch, mm (in) 40 (1.60) 40 (1.60) - Mid -rib depth, mm (in) - 1.2 (0.05) 1.2 (0.05) Mid -rib width, mm (in) - 1.1 (0.04) 1.1 (0.04) Nodal thickness, mm (in) 3.1 (0.12) Rib shape rectangular Aperture shape triangular Rib Aspect Ratio (depth: width) > 1.0 Structural Integrity Junction efficiency, % 93 Aperture stability,12) kg-cm/deg @ 5.Okg-cm 3.0 Radial stiffness at low strain,(3) kN/m @ 0.5% strain 225 Radial stiffness at low strain,(3) (lb/ft @ 0.5% strain) 15,430 Durability Resistance to chemical degradation) 100% Resistance to ultra -violet light and 100% weathering(5) Notes: 1. Load transfer capability determined in accordance with GRI-GG2-87 and GRI-GGI-87 and expressed as a percentage of ultimate tensile strength. 2. In -plane torsional rigidity measured by applying a moment to the central junction of a 225mm x 225mm specimen restrained at its perimeter in accordance with U.S. Army Corps of Engineers Methodology for Measurement of Torsional Rigidity, (Kinney, T.C. Aperture stability Modulus ref 3, 3-1-2000). 3. Radial stiffness is determined from tensile stiffness measured in any in -plane axis from testing in accordance with the scope of ISO 10319:1996. 4. Resistance to loss of load capacity when subjected to chemically aggressive environments in accordance with testing to ISO12960 as part of a durability assessment in accordance with ISO13434:1999 7.3 5. Resistance to loss of load capacity when subjected to ultra -violet light and weathering in accordance with testing to EN12224 as part of a durability assessment in accordance with ISO13434:1999 7.2 6. All dimensions and values are typical unless otherwise stated. 3. Identification: Identify each roll with a tag or label securely affixed to the outside of the roll on one end. List the following information on the label: • unique roll number, serially designated; • Iot number or control number; a name of producer; • style or catalog designation of product; and • roll width and length. 4. Construction: Prepare the subgrade as indicated on the plans or as directed. Set string lines for alignment, if directed. Install geogrid in accordance with lines and grades as shown on the plans or as directed. Place base material in lift thicknesses and compact as shown on the plans or as directed. Do not operate tracked construction equipment on the geogrid without a minimum fill cover of six (6) inches. Rubber tire construction equipment may operate directly on the geogrid at speeds less than five (5) mph if the underlying material supports the loads. Where excessive substructure deformation is apparent, correct the grid placement operations as recommended by the manufacturers or as directed. A. Placement: Orient the geogrid length as unrolled parallel to the direction of roadway. Overlap geogrid sections as shown on the plans or as directed. Use plastic ties at overlap joints or as directed. Placement of geogrid around corners may require cutting and diagonal lapping. Pin geogrid at the beginning of the backfill section as directed. Keep geogrid taut at the beginning of the backfilling section but not restrained from stretching or flattening. 1. Longitudinal Joints: Overlap longitudinal joints by a minimum of 1 ft. Space longitudinal ties 10 ft. to 15 ft. or as directed. Z. Transverse Joints: Overlap transverse joints by a minimum of 1 ft. Space transverse ties 4 ft. to 5 ft. or as directed. B. Damage Repair: As directed, remove and replace contractor damaged or excessively deformed areal without additional compensation. Lap repair areas a minimum of 3 ft, in all directions. Tie each side of repair grid in at least three (3) locations but do not exceed normal construction spacing; tie spacing for odd shapes will be as directed. Repair excessively deformed materials underlying the grid as directed, S. Measurement: Geogrid will be measured by the square yard of roadway placement as shown in the plans with no allowance for overlapping at transverse and longitudinal joints. 6. Payment: The work performed and materials furnished in accordance with this item, as measured, will be paid for at the unit price bid for "Geogrid, Tensar TriAX 140-475". This price is full compensation for furnishing, preparing, hauling and placing materials including labor, materials, freight, tools, equipment and incidentals. GC-6o06.D Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK 2071 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT City Project No. 102881 ATTACHMENT to Page 1 of 4 FORTWORTH City of Fort Worth !minority Business Enterprise MBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: Check applicable block to describe MCMAHON CONTRACTING, LP offeror PROJECT NAME: mriviwf NtaWMNV U' »!: 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT J# alp p _2�_o City's MBE Project Goal, Offeror's MBE Project Commitment: PROJECT NUMBER 14 % . ;A� -' % 102881 Identity gll 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 b"Siness day after bid opening, exr•iinsive cYf bid opening date, will result in the said being considered non -responsive to bid ;cnertfiratlnn_r' The undersigned Offeror 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 Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications. MBEs listed toward meeting the project goal must be located in the six (6) county+ marketplace at the time of bid or the businese has a Significant Business Presence In the Marketplace. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson. barker, and Wise counties. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered 1s` tier, a payment bpi a suthcontractor to ilts s! pplier is considered 2`� tier. Th prime contractor is responsible to provide proof of payment of all fierad Q,lboontraetors identified as a MBE and LcOuntin2 those dollars towards meeting the contract committed goal. ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Cortification 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 non -MBEs, including owner -operated, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. Rev. 2/10/15 FoRTWoRTH ATTACHMENT 9A Page 2 of A Offerors are required to identify ALL subcontractorstsuppliers. regardless of stntu s-, i.e„ Minority and nor -MBBs MBE firms are to be ligtwri firgt_ i ms4 arlrlifinnal slheel5 Ir rlecx-?s- ,/ Plea me nola that only certiWd MBEs w14i be counled to meet an its goal. -- � Sr BCONTRACTORIS jPPLIER NGTRCA 13 4 Company Name Address Tralephone/Fax 'r t e w " M Detail Subcontracting Y,lar'k Detail Supplies Purchased Dollar Amount Email Contact Person r a E l� E +fV*-3 - f -7e 017-o.,3 - ?13 .J f r� (sr{ r -1 1�J �r'C. sr'I j,LA,,+r.'l F aR Darrffl'�� -7e,I 1 �tIL t3j �r,J�.� �I O. 7W Sr.• l j-%&,gj #3A IJ - ("IT SrVJP4� /0,00 -S -Im-J077 j 1 &5roor1 14 // l CO-7 3,e1fth { f 1 91 for f1, 77 l4 FED df,itiF# ' �V # V lrele W, / r+.� r� o- � 7r f 1 1��9f�75#'T{ L�I I I mi. Rev. 2110115 C'ORT WORTH d` ATTACHMENT 1A Page 3 of Offerors are required to identify LL.L_ subcontractors/suppliers, regardless of status; i.e., Mlnorltw anti non•MOEro. 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. SUBCONTRACTORISUPPL IER NCTRCA N n Company Name T Address i Telephone/Fax e Detail W subcontracting Work Detail Supplies Purchased Dollar Amount Email Contact person B E B B E E a& I aK �q;' �t J 1473f � we El 1 - Rev. 2l1011 S t'ill� : 7�Tnnm� Total Dollar Amount of I'iPiRE Subcontractors/Suppliers ATTA.CHti FHT 1A f 3?.J 114 of 4 Total Dollar Amount of Non-MOE Subcontractors/Suppliers $ 1 1 TOTAL DOLLAR AMOUNT Or ALL SUBCONTRACTORS/SUPPLIERS $ , The Offerer will not make additions, deletions, or substitutions to thls ceAlfled list wlthc:tit the prior approval of the Minority and Women Business Enterprise Office Through the submittal of a Request for Approval W ChangelAddilion farm. Any unjuYtllled change or deletion shah be a material breach of contract and lnay result In debarment if, accord with the procedures oullined in the ordinance,. The Offeror shall subirlt a dalalled explanatlon of how the requested change(addition or deletion wili affect the cornmltled MBE goal. If the detail explan,atlon Is not submitted, It will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate ir;for, ation regarding actual work perfarmEd by ail subcontractors, including MBEs) and any special arrangements with MBEs. The Offeror also agrees to allow an audit andlor examination of any h^wlcs. records and files held by their company. The Offeror agrees to aiiow the Van—n of interviews. with owners, principals, officers, employees and applicable scibcontracto sisuppliers participating can the conlrsc, that will substantlate the actual worn performed by the MBEs) on this conlracl, by an authorized officer or employee of the City. Any Intentional and/or Icr Dwkig m+srepresenlation of facts will be grounds for terminating the contract or debarment front City work for a period of not lass than three (8) years and for Initiating action under Federal, State or local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a daterm. nation of an Irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. Authorl d4Slg,6 - e2lh A� t . Title McMAHON r't?N'L'`! C'i NG, L,. Company Name 1Ore fA_t,amgo J �f Prd2gri Citr'TStalgozipx prh,#esl 51Unaturo Contact Numne Titl4 (if dtttranq - . Talopk9nospidlor rim E-mail A dF011 OA6 Delta Rev. 2MO115 GC-6®07 Wage mates THIS (PAGE LEFT INTENTIONALLY BLANK 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT City Project No. 102881 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 GN-1a0 General Notes THIS PAGE CLEFT INTENTIONALLY BLANK 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT City Project No. 102881 General .Notes Division 01— General Requirements General; 1. The Contractor shall be responsible for locating all utilities, whether public or private, prior to excavation. The information and data shown with respect to existing underground facilities at or contiguous to the site is approximate and based on information furnished by the owners of such underground facilities or on physical appurtenances observed in the field. The City and Engineer shall not be responsible for the accuracy or completeness of any such information or data. The Contractor shall have full responsibility for reviewing and checking all such information or data, for locating all underground facilities, for coordination of the work with the owners of such underground facilities during construction and for the safety and protection thereof and repairing any damage thereto resulting from the Work. This Work 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. The Contractor shall notify any affected owners (utility companies) or agencies in writing at least 48 hours prior to construction. a. Notify TEXAS 811 (I-800-DIG-TESS or www.texas811.org) to locate existing utilities prior to construction. b. Caution! Buried electric lines may exist along this project. Contact electrical providers 48 hours prior to excavation: • ONCOR Will Riegler 817-215-6707 • Tri County Kevon Mooney 817-752-8160 c. Caution! Buried gas lines may exist along this project. Contact Atmos Energy 48 hours prior to excavation, and within two (2) hours of encountering a gas line (John Crane: 817-207-2845) d. Caution! Buried communication cables may exist along this project. Contact communication companies 48 hours prior to excavation: • Spectrum/Charter Communication Sherri Trahan 817-271-8108 • AT&T Gary Tilory 817--338-6202 • One Source Communications Jeremy Hegwood 817-745-2243 e. Caution! When doing work within 200 feet of any signalized intersection, the Contractor shall notify Traffic Management Division of City of Fort Worth T/PW, 72 hours prior to excavation (Kassem Elkhalil: 817-392-8742). The Contractor shall protect existing signal hardware, ground boxes, detection loops, and underground conduit at signalized intersections. Any damages at signalized intersections shall be replaced at the expense of the Contractor. The Contractor shall contact the City at 817-392-8100 to perform conduit line locates at signalized intersections 72 hours prior to commencing work at the intersection. f. The Contractor shall notify the City of Fort Worth Project Manager 48 hours prior to the start of any excavation (Tariqul Islam: 817-392-2486) 2. Contractor's personnel shall have identifying clothing, hats or badges at all times which identify the Contractor's name, logo or company. 3. Protect concrete curb and gutter, driveways, and sidewalks that are Dot designated for removal. Removal and replacement of these items shall be as designated in the drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION GENERAL NOTES Version Release December 18, 2017 Division 32 — Exterior Improvements General: 1. At locations where the curb and gutter are to be replaced, the Contractor shall assume all responsibility for the re-establishment of existing street and gutter grades. Establishment of grades 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. 2. All driveways, which are open cut, shall have at least a temporary driving surface at the end of each day. The temporary surface 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. Bike Lanes and Shared Pavement Markings: 1, Proposed bike lanes should maintain a minimum effective width of 4 feet (measured from edge of gutter to center of stripe). 2. Bicycle pavement markings should be located 20 feet from the curb return, stop bar, or cross walk (whichever is applicable) unless denoted otherwise in the drawings. 3. Combined width of bike lane and on -street parking should not be less than 13 feet, 4. If travel lane is greater than 14 feet wide, shared pavement markings shall be placed 4 feet from face of curb or edge of oD-street parking (whichever is applicable). 5. If travel lane is less than or equal to 14 feet wide, shared pavement markings shall be placed in the middle of the travel lane. 3. Bike lane symbol, arrow, and shared pavement markings should be repeated at the beginning of each intersection. 4. On uninterrupted sections of roadway, bike lane symbol and arrow should not be spaced more than 330 feet apart and shared pavement markings should not be spaced more than 250 feet apart. 5. Bike lane symbol, arrow, and shared pavement markings should not be placed at private driveways or public intersections. 6. Bike lane striping should be 4 inches solid white, hot -applied thermoplastic unless specified otherwise in the drawings. All other bike lane pavement markings shall also be white, hot applied thermoplastic unless otherwise specified in the drawings. 7. All dimensions are from face of curb and are to center of the pavement marking. 8. Shared pavement markings should not be used on facilities with a posted speed greater than 35 mph. Sidewalks and Curb Ramps: 1. The curb ramp standard details are intended to show typical layouts for the construction of the curb ramps. The information shown on the standard details meet the requirements shown in the "2012 Texas Accessibility Standards" (TAS) and the "2010 ADA Standards for Accessible Design" by the Department of Justice. 2. City of Fort Worth Standard Details are only intended to indicate pay limits for each type of ramp, the Engineer is responsible for the development and design of the sidewalk and curb ramp layout, including actual dimensions and slope percentages. 3, The Contractor may not make changes to the sidewalk and curb ramp layout without approval of the City. The Contractor may propose changes to the sidewalk and curb ramp layout due to field conditions, but any proposed changes must be approved by the City. 4. Curb ramp running slopes shall not be steeper than 8.3% (12:1). Adjust curb ramp length or grade of approach sidewalks as directed by the City. 5. Curb ramp flare slopes shall not be steeper than 10% (10:1) as measured along back of curb. 6. Maximum allowable cross slope on sidewalk and curb ramp surfaces is 2%. 7. The minimum width of sidewalks and curb ramps shall be 4 feet. CITY OF FORT WORTH STANDARD CONSTRUCTION GENERAL, NOTES Version Release December 19, 2017 8. Landings shall be provided at the top of curb ramps. The landing clear length shall be 5 feet minimum from the end of ramp. The landing clear width shall be at least as wide as the curb ramp, excluding flares. The landing shall have a maximum slope of 2% in any direction. 9. In alterations where there is no landing at the top of the curb ramp, curb ramp flares shall be provided and shall not be steeper than 8.3% (12:1). 10. Where turning is required, maneuvering space at the top and bottom of curb ramps shall be 5 feet by 5 feet minimum. The space at the bottom shall be wholly contained within the crosswalk markings and shall not project into vehicular traffic lanes. 11, Curb ramps with returned curbs may be used only where pedestrians would normally walk across the ramp, either because the adjacent surface is planting or other non -walking surface or because the side approach is substantially obstructed. 12. Where curb ramps are provided, crosswalk markings shall be required and ramps shall be aligned with the crosswalk. 13. Counter slopes of adjoining gutters and road surfaces immediately adjacent to the curb ramp shall not be steeper than 5% (20:1) in any direction. CITY OF FORT WORTH STANDARD CONSTRUCTION GENERAL NOTES Version Release December 18, 2017 Division 33 - Utilities General: 1. For utility work within utility easements, once pipe or appurtenances have been installed or rehabilitated, immediately commence temporary surface restoration. Complete surface restoration to the owner's satisfaction within seven (7) days of work finishing on -site. Failure to maintain surface restoration, as noted above, may result in suspension of work until restoration is complete. 2. Existing vertical deflections and pipe slopes shown on the drawings are approximate and have not been field verified, unless otherwise noted. Rim elevations, flow lines, and horizontal locations of existing manholes were determined from field survey. if field conditions vary from those shown on drawings Contractor shall notify City. 3. Maintain all existing water and sewer connections to customers in working order at all times, except for brief interruptions in service for water and sewer services to be reinstated. In no case shall services be allowed to remain out of service overnight. 4. Establish and maintain a trench safety system in accordance with the excavation safety plan and Federal, State or local safety requirements. 5. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. Confined Spaces shall include manholes and all other confined spaces in accordance with OSHA's Permit required for Confined Spaces. 6. Only City prequalified Contractors, by appropriate Water Department work category, shall be allowed to adjust valve boxes, manholes, ring & covers, etc. Water: 1. Provide thrust restraint by means of restraining joints at fittings and concrete blocking. When specifically indicated on the Drawings, provide thrust restraint at designated joints beyond the fittings. Each method shall be capable of thrust restraint independent of the other system. The Contractor shall refer to City Standard Details for area required to install concrete blocking. 2. All ductile iron mechanical joint fittings shall be restrained to pipe using retainer glands. 3. Proposed water mains shall have a minimum cover of 48-inches cover above the top of pipe, unless shown otherwise on the drawings or details. 4. All water services shall be installed above storm sewers, except where shown otherwise in the drawings. 5. Elevation adjustment at connections may be made with bends, offsets, or joint deflections. Joint deflections shall not exceed fifty percent (50%) of manufacturer's recommendations. 6. Temporary pressure plugs required for sequencing of construction and testing of proposed water lines shall be considered subsidiary to the work and shall be included in the price bid in the Proposal for various bid items. Sanitary Sewer: 1. Verify that all connections to the sanitary sewer system are for sanitary sewer only. Notify City of any discovered illicit connections. 2. The Contractor shall be liable for all damages to properties, homes, and basements from backup, which may result during the installation of new pipe and/or abandonment of existing pipe. The Contractor will be allowed to open clean outs where available. The Contractor will be responsible for all clean up associated with opening clean outs. 3. For all sanitary sewer service connections at manholes, provide a hydraulic slide in accordance with the details. CITY OF FORT WORTH STANDARD CONSTRUCTION GENERAL NOTES Version Release December 18, 20I7 Storm Drain: 1. Maintain the existing storm drainage system until the proposed system is in service. In no case should the Contractor leave the existing storm drain out of service whereby runoff would cause damage to adjacent property. 2. Construct all drainage improvements from the downstream end to the upstream end to allow continued storm drain service. If the Contractor proposes to construct the system otherwise, the Contractor shall submit a sequencing plan to the City for approval. 3. Take appropriate measures to preserve wildlife in accordance with applicable federal, state and local guidelines. CITY OF FORT WORTH STANDARD CONSTRUCTION GENERAL NOTES Version Release December 18, 2017 Division 34 - Transportation General: 1. Prior to activating traffic signals with new or revised signal timing, the contractor should e-mail Aziz Rahman, Sr. Professional Engineer, at Aziz.Rahman(o-)fortworthtexas.gov (and copy Kassem Elkhalil, Professional Engineer, at Kassem.ElKhalil@fortworthtexas;gov) at least three (3) weeks in advance to schedule that. 2. If new cabinets and controllers are being installed and the controllers need to be programmed and tested by City Forces; the contractor should deliver them to the City of Fort Worth, Signal Shop at 5001 James Ave., at least three (3) weeks in advance to schedule that. 3. Unless there is a compelling reason, a new traffic signal will be put on flash on Thursdays and working colors the following Tuesday. 4. Switching from old traffic signal to a new one, this should be done on Tuesdays only. 5. Notify Traffic Management Division (817-392-7738) Project Representative at least 24-hours in advance of all concrete pours. Inspector must be present when concrete is placed on the project site. 6. If applicable, equipment supplied by the City will be available for pick up from the Transportation/Public Works (T/PW) Warehouse at 5001 James Avenue and/or the Village Creek Pole Yard (5000 MLK Freeway). The Project Representative must authorize all equipment pickups. 7. Design consultant shall submit electronic file in CAD format as well as PDF (11" X 17") of final signed and sealed plans to the City. Contractor shall provide a 5-year manufacturer warranty on APS systems. The warranty documentation shall include the start date (when material is delivered to job site) and the end date of the warranty and the serial number of the equipment. Traffic Signals: 1. The City will not provide traffic signal cabinet or traffic signal controller to the Contractor. The cost for these items must be included in the City project budget, or for all privately funded projects, the cost must be included in the bid package for purchase from the vendor. 2. The Contractor shall provide all materials needed to construct a fully operational traffic signal as called out for in the plans and specifications. 3. All existing signal equipment shall remain in place and operating until new equipment is in place and ready to operate. 4. The Contractor is responsible for hauling and properly disposing of salvaged material from the jab site to a disposal site of their choosing. The Contractor will not be allowed to drop off salvaged materials at the City yards. Foundations: CITY OF FORT WORTH STANDARD CONSTRUCUON GENERAL NOTES Version Release December 19, 2017 1. Dimensions shown on plans for locations of signal foundations, conduit, and other items may vary in order to meet local conditions. All locations of foundations, conduit, and ground boxes shall be approved by the Traffic Signal Inspector or the City Engineer. 2. Contractor shall contact the City traffic signal inspector prior to pouring cabinet foundation to be sure that template and bolt patterns are correct for type of cabinet being supplied. Foundation shall be installed per City Specification and City Detail, 3. Pier Foundations shall be poured together in one piece. 4. No signal poles shall be placed on foundations prior to five (5) calendar days following pouring of concrete. 5. Contractor shall cleanup and remove all loose material resulting from construction operations each day prior to the work is being suspended. 6. Controller cabinet concrete apron shall be subsidiary to the bid item for the controller cabinet foundation. Cabinet foundation and apron shall be poured together in one piece. Controller and Cabinet: 1. Contractor shall install controller cabinet and connect all associated field wiring. 2. City will install signal timing and program controller. Conduit: 1. A continuous grounded system shall be provided in PVC conduit by running 148 bare copper wire in conduit between foundations and grounding at each foundation ground rod. 2. All conduits shall be Schedule 80 PVC. 3. Electrical service shall be installed per City Specifications and City Detail in separate 2" conduit from the meter to the signal cabinet. Signal Heads: 1. All signal heads shall be McCairJm, Econolite m, or approved equivalent style and dimensions. 2. All signal heads shall be covered with burlap or other approved material from the time of installation until the signal is placed in operation. 3. All signal head attachments shall be designed such that the wiring to each signal head shall pass from the mast arm through a rain tight connector to the signal head bracing or attachment hardware to the signal head. A small amount of exposed signal cable shall form a drip loop. 4. All LED signal 'indications shall be General Electric (GE) GelcoreTM or equivalent and shall meet the latest ITE standards. 5. Signal heads (all displays) and pedestrian Walk and Don't Walk heads with countdown displays shall have LED inserts. 6. Clam -Shell mounting assemblies shall be used for pedestrian indications. CITY OF FORT WORTH STANDARD CONSTRUCTION GENERAL NOTES Version Release Der ember 18, 2017 7. All LED signals shall be of the incandescent appearance. 8. All signal heads shall have black aluminum, louvered, single piece back plates compatible with McCainTM, EconoliteTM, or approved equivalent signal head housings. Traffic Signs and Pavement Markings: 1. All traffic signs and mounting hardware shown on the plans will be furnished and installed by the contractor including the metro street name signs. The contractor shall provide a detail sheet for the metro street name signs with block numbers to the City for approval prior to fabrication and installation. 2. Existing stop signs and posts will be removed by the contractor upon, or before, the signal turn -on. Detection System: 1. The Contractor shall furnish and install the IterisTM Vantage Vector Hybrid Detection System and cable. 2. The Contractor shall install, aim and program all detectors as per City Standard Specifications and City Details. 3. The Contractor shall refer to and City Standard Details and project plans for detection zones placement. Emergency Vehicle Preemption Equipment (EVP): 1. The Contractor shall famish and install the OpticomTM EVP (detectors, cable, and discriminator units). 2. The Contractor shall install the EVP detectors on the mast arm as shown on the plans and appropriate City Detail, and run one continuous EVP cable from the detector to the cabinet. Installation of the EVP system will be paid for per bid item. Accessible Pedestrian Signal (APS): 1. APS units with audible message shall be installed on all TxDOT locations or at the direction of the City Engineer. 2. APS units shall comply with the latest version of the Texas Manual on Uniform Traffic Control Devices (TMUTCD). 3. APS units shall be installed per City Standard Specification and City Detail. Battery Backup: 1. If called out for in the plans, battery backup units supplied shall comply with the City Standard Specifications. Installation shall be completed per City Standard Specifications and City Detail. Traffic Control: 1. The Contractor shall submit a Work Schedule, Traffic Control Plan, and acquire a Development Permit from Development Department, at 200 Texas Street. Contact Chuck McLure (817-392- 7219). CITY OF FORT WORTH STANDARD CONSTRUCTION GENERAL NOTES Version Release December 18, 2017 2. The Contractor shall be responsible for the safety of pedestrians and motorists in the area of the traffic signal construction site. 3. Roads and streets shall be kept open to traffic at all times. Contractor shall arrange construction so as to close only one lane of a roadway at a time. 4. All construction operations shall be conducted to provide minimal interference to traffic. All traffic signal equipment installations shall be arranged so as to permit continuous movement of traffic in all directions at all times. 5. Contractor shall be responsible for any signage necessary during construction. 5. Unless otherwise noted, it is the contractor's responsibility to ensure that signal indications and timing are adjusted and maintained to ensure safety in work zone at all times. 7. Any traffic signal modifications during construction are subsidiary to traffic control plan (TCP) pay item. 8. Any traffic signal modifications should be in compliance with the latest version of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) and the City of Fort Worth Standards. 9. The contractor shall submit any proposed traffic signal modifications to the Traffic Signal Section for their approval ten (10) days prior to any changes. Electric Service: 1. Irlstall the required electric services and obtain an electrical service permit in each instance, cost of which will be paid by the Contractor. 2. The electrical service shall be 100 amps with 120/240 voltage branch circuit and shall comply with City Standard Specifications and City Details as applicable per plans. Luminaires: 1. The City will not furnish luminaire material to the contractor. The Contractor shall furnish and install LED luminaires for traffic signals in accordance with the latest City Standard Specifications, City Details, and plans. 2. All new streetlight pole types shall match those of the surrounding area of Fort Worth for which they are being installed in. Contact the City Traffic Management, Street Light Section at (817) 392- 7738 for direction on light pole types allowed areas. The same poles shall be consistently used throughout subdivisions. CITY OF FORT WORTH STANDARD CONSTRUCTION GENERAL. NOTES Version Release December 19, 2017 S11M.00 Standard Construction Details THRS PAGE LEFT RNT ENTIONALLY BLANK 2021 FOSSIL CREEK BOULEVARD CONCRETE RESTORATION PROJECT City Project No. 102881 COLLAR CONFIGURATION COLLAR CONFIGURATION FOR PAVED AREA FOR UNPAVED AREA 51-0" MANHOLE FRAME AND 32" DIA. DUCTILE IRON P, COVER. (REFER TO 'x- STD. 17- PRODUCT LIST) 3" rYP. 'k 70 4000 PSI CONCRETE NY Vf 8-#4 REBARS TYP. 32" MIN. ----I CHAMFER (TYP.) ........ ... :PVblT ...... GROUND CC) 30 T CLEAR OPENING 2 ROWS OF RAM-NEK SEAL "i . CONCRETE COLLAR 2" x 8" x 30" I.D. HEIGHT VARIES •-W/STAGGERED JOINTS OR CONCRETE PRECAST GRADE RINGS PER X" APPROVED EQUAL. NJ Si Y ASTM C478. SEC MR-L--A REBAR SHALL BE PLACED 3' WHERE MANHOLES ARE IN O HINGED LIDS ARE REQUIRED MIN. FROM TOP AND BOTTOM THE STREET, INSTALL 2 OR ON ALL ELEVATED MANHOLES, OF CONCRETE COLLAR. MORE GRADE RINGS, AS JUNCTION BOXES AND WHERE NEEDED, BETWEEN CASTING SPECIFIED ON PLANS. (REFER AND TOP OF PAVEMENT. TO STD. PRODUCTS LIST) LOCKS TO BE HINGED LIDS INSTALLED IN IN ALL MANHOLE LIDSSTALLED BELOW ON EI-14, EI-20, E1-21 MATERIAL STREETS SHALL OPEN THE 100-YEAR FLOOD ELEV, E2-14, E2-20, E2-21 CONSTRUCTION AGAINST THE FLOW OF AND WHERE SPECIFIED ON TRAFFIC. PLANS. CITY OF FORT WORTH, TEXAS DATE: OCT. 2009 MANHOLE FRAME, COVER,'GRADE RINGS AND CONCRETE COLLAR SAN-009 ater Valve Riser Cross Section view Item Item 12 gage 090 galvanized steel 2 Hright new asphalt overlay art~ D.O.M. rube Material Qeserfp#i©n Tensile Steel Skirt 118 gage A.I.S.1. 1020 Steel (A-36) 1 33,000 P.S.I. R I L Tensile P.S.1. Heather Kiser ' to IVDils. Hole th 302 Stainless el Roll Pin Crass Section view 10 ar 12 gage 090 gzlvanized steel new! esphAt overlay 3/4" thick riser bat 2 1 /4" aw - 17/64" Diarmeter holes 6 � Sill"Tj � 3/4" O.D. 4 1 !4" 3/8" i. D. 3/8" 0 16 Thread Item Item lkterial Description yensile Teusil@ Number IDmti tion Field Ultimate I 3/V' Roll Piro_ 302 Stet Stcrl !4 000 Le Double Show rs 2 Steel Skirt 12 or 10SW M.ST 1020 Stfel (A-36) 33.000 P.S,1. 60,000 P.S.I G-90 GWvrniae ] 3 Weld 65%'7W Cattle u.Ided 75000 P.S.I. SS 00 P S.l 4 3/4" wide Rises gar Hot Rolled Stye) ALST 1020 A-36 31.OQa P.S.I. 60 000 �.S 1. S l Rrgin` AI.S.I. C-1030 SIM1 He Treated HHN 240 70,000 P.S.1. 92,000 P S.l, Zim P12W with pith yvw Pints 6 Tumtsucltlra A LS.1. 1020 BHN 149 70.000 P 5.E 80; P S ! Zinc Plata di - in Linebocker mt inlvbiw 4' 4' ` -: FORT WORTH �_ 62 3" 3 Project Tit -le 1" I $2° Funding 3" 12� Contractor: 22„ Contractor's Name 2 2 12 Questions on this project Call:„ 12 (817) 392 - XXXX 1" 12° I After Flours Call: (817) 392 - XXXX j 1 2 FONTS: FORT WORTH LOGO IN CHI LTINGHAM BOLD ALL OTHER LETTERING IN ARIAL BOLD COLORS: FORT WORTH - PMS 288 - BLUE LONGHORN LOGO - PMS 725 - BROWN LETTERING - PMS 288 - BLUE BACKGROUND -WHITE BORDER -BLUE 1 , TYP. NOTES: IF APPLICABLE TO THE PROJECT, CONTRACTOR SHALL OBTAIN VINYL STICKER "CITY GAS LEASE REVENUE IN ACTION" 1 LOGO AT CDR SIGN AND ENGRAVING, 6311 EAST LANCASTER AVE (817451-4684), PEEL AND PLACE IN FUNDING SECTION. PROJECT DESIGNATION SIGN I CITY OF FORT WORTH - CONSTRUCTION STANDARD DRAWING NO. 1 - H DATE: a z o loll 8 �3 ' m o0 €1 a LL g _ LD r Ra V 6¢ ly ki Q w01 Rrl�e� :J5 # �ij a C vw i }- H p '�'- .� Ski d al. k y� W 13 a �Y•g o Z. a r� $ a� '' _' I$ ^j i �'S f a c p ` a� 61 U F- ig. o � .lisf12 L 41 Z8 N Q Z � ' ��t eK � y . •Q en � S 1 FA h l�oE �1 k�99q l00 99� @�90�6 IN EII�I 0 Y r .g¢p nC�wiP�`s p ppppp g Yyp a B Y M i g e s— `xtr g � � k a �.�3�5� YRKt � gs s t si��E A" It ate].._, Y4 F R� Sol. R 4 fall 8" ga B r1 d J �C000000l����I IJ M fmp ttu 00 r - m q U w LU oz LL gggg S U N I�V m¢� M �O ie z o X r' [u r N ��a o 06 .. N® �a 0 o� zn a i LS a xr7 NOTES TO DESIGNER: 1. DETAIL DEFINES PAY LIMITS OF HMAC TRANSITION SUBSIDIARY TO THE CONCRETE VALLEY GUTTER CONSTRUCTION. IYjA PER PER 32 13 13-D513 /24" HMAC LL TRANSITION /PER SECTION 32 12 16 ofI 9" HMAC / TRANSITI DN PER SECTION 32 12 16 1 PLAN VIEW 4( \— EXPANSION JOINTS PER V2� \ 32 13 13-DB13 o'= y V v SEE NOTE 4 INTERSECTING VALLEY 9„ 9" SEE #4 BARS ® SEE NOTE 4 1" MAX OR AS DIRECTED BY NOTE q 18" O.C.B.W. THE ENGINEER COMPACTED AI B'-O" MIN. SUBGRADE (RESIDENTIAL STREETS) (SEE NOTE 2) NOTES: 1. THE 7" REINFORCED CONCRETE VALLEY SHALL REPLACE THE TOP 7" OF THE PAVEMENT WITH THE REMAINING PORTION OF PAVEMENT TO BE CONSTRUCTED INCLUDING SUBGRADE TREATMENT, IN ACCORDANCE WITH THE TYPICAL PAVING SECTION. 2. 6" FLEX BASE, TYPE A, GR--1 OR MATCH THE PREPARED SUBGRADE REQUIREMENTS FOR THE PAVEMENT SECTION. TYPE D OR TYPE B ASPHALT OR PREPARED SUBGRADE MAY BE USED. 3_ PAY LIMITS FROM EXPANSION JOINT TO EXPANSION JOINT. 4. 9" AND 24" HMAC TRANSITION SUBSIDIARY TO CONCRETE VALLEY GUTTER. CITY MAY APPROVE ADDITIONAL HMAG TRANSITION BEYOND THESE LIMITS UNDER SEPARATE PAY ITEM FOR HMAC TRANSITION PER SECTION 32 12 16. 5. 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