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HomeMy WebLinkAboutContract 46004 (3) WMM FORT WO RT H _ PROJECT MANUAL FOR THE CONSTRUCTION OF SANITARY SEWER IMPR0VEMENTS CONTRACT 52, PART i City Project No.0121.9 Betsy Price Tom His-ins C; ii/T�Tlarver S. Frank Crumb, P.E. J Director, Water Department ? N TO Prepared for k�, The City of Fort Worth Water Department 2014 Li Prepared by: Y' = a; a . E� R+'a 5E league nail & perkins TBPE REG 4 F-230 1100 MACON STREET FORT WORTH,TEXAS 76102 (817)336-5773 - TNP No. FT ti 9249 AL RECORD TBPE RE�G 4 F-230 CITY SECRETA ff �Ir.WORM mum OCT 0 7 't0i4 ()()00 00- I TABLE OF CONTrN I:S Page I of-3 SEcrlON 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 - General Requirements 01 it 00 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 3300 Submittals Ol 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements O1 7000 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 7423 Cleaning 01 77 19 Closeout Requirements Of 7823 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised Decemher"20._'012 00 00 00- 3 I'ABLE OF CONTENTS Page 3 of 3 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 33 31 50 Sanitary Sewer Service Connections and Service Line 3339 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 3960 Epoxy Liners for Sanitary Sewer Structures Division 34- Transportation 3471 13 Traffic Control Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-6.06,D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised Decemher 20,2012 M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR�T11 COUNCIL ACTION: Approved on 8/5/2014 - Ordinance No. 21365-08-2014 DATE: 8/5/2014 REFERENCE NO.: C-26909 LOG NAME: 60SS52P3- CIRCLEC CODE: C TYPE: NON-CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with William J. Schultz Inc. d/b/a Circle "C" Construction, in the Amount of$1,680,055.00 for Sanitary Sewer Rehabilitation, Contract 52, Part 3, on Bomer Avenue, South Riverside Drive and Lancaster Avenue, Provide Project Costs and Contingencies for a Project Total in the Amount of$1,773,957.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICTS 2, 4, 5 and 8) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer of$1,773,957.00 from the Water and Sewer Operating Fund to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Sewer Capital Projects Fund in the amount of$1,773,957.00 from available funds; and 3. Authorize the execution of a contract with William J. Schultz Inc. d/b/a Circle "C" Construction Company, in the amount of$1,680,055.00 for Sanitary Sewer Rehabilitation, Contract 52, Part 3. DISCUSSION: This Mayor and Council Communication is to authorize a construction contract for the installation of the following sanitary sewer main and laterals: M-1-I-1-Beginning from the Bomer Avenue/Windham Street intersection westerly 1,400 feet along Bomer Avenue, then southerly 50 feet along South Riverside Drive, then westerly 350 feet, then westerly 370 feet to Station A, then southerly 450 feet, then southwesterly 480 feet across J. S. 287, then northwesterly 230 feet to a connection point on existing M-22. L-926IR-Beginning from Station A above, northeasterly 240 feet on Lancaster Avenue, then southerly 200 feet and then northwesterly 25 feet to a connection point with existing L-9261. L-883-Beginning from a point located 250 feet east of the Lancaster Avenue/Virginia Avenue intersection, then northeasterly 240 feet, then southeasterly 80 feet then southerly 280 feet to a connection point on existing M-22. The project was advertised for bid on April 17, 2014 and April 24, 2014 in the Fort Worth Star- Telegram. On May 15, 2014 the following bids were received: Time of http://apps.cfwnet.org/council_packet/me_review.asp?ID=20063&councildate=8/5/2014 8/6/2014 M&C Review Page 2 of 3 Bidder I Amoun 11 Completion William J. Schultz Inc. d/b/a Circle "C" $1,680 055.00 180 Calendar Construction Company Days Ark Contracting Service, Inc. 1$1,785,214.00 Conatser Construction, TX, L.P. $2,128,172.00 S.J. Louis Construction, Inc. $2,274,397.78 Mountain Cascade of Texas, LLC 1$2,530,449.00 In addition to the contract cost, $43,500.00 is required for construction staking, inspection and material testing and $50,402.00 is provided for project contingencies. M/WBE Office- William J. Schultz Inc. d/b/a Circle "C" Construction Company is in compliance with the City's BDE Ordinance by committing to two percent MBE participation and documenting good faith effort. William J. Schultz Inc. d/b/a Circle "C" Construction Company identified several subcontracting and supplier opportunities. However, the MBE contacted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is 12 percent. The project is located in COUNCIL DISTRICTS 2, 4, 5 and 8. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Sewer Capital Projects Fund. TO Fund/Account/Centers FROM Fund/Account/Centers 1&2) $1,773,957.00 1) PE45 538040 0709020 $1,773,957.00 P258 476045 7021701219ZZ 3 P258 531350 702170121952 5 000.00 P258 541200 702170121988 $1,680,055.00 5 P258 531200 702170121952 000.00 P258 531350 702170121984 2 500.00 2) $15,000.00 P258 531350 702170121985 8 P258 531200 702170121984 000.00 P258 511010 702170121992 1 000.00 P258 531350 702170121994 1 000.00 P258 511010 702170121993 1 000.00 2) $1,730,457.00 P258 541200 702170121988 2) 5,000.00 P258 511010 702170121980 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: S. Frank Crumb (8207) http://apps.cfwnet.org/council_packet/mc_review.asp?ID=20063&councildate=8/5/2014 8/6/2014 M&C Review Page 3 of 3 Additional Information Contact: Rakesh Chaubey (6051) ATTACHMENTS 60SS52P3-CIRCLEC P258 AO.docx 60SS52P3CIRCLEC MAP REVISED.pdf http://apps.cfwnet.or•g/council_packet/mc_review.asp?ID=20063&councildate=8/5/2014 8/6/2014 ADDENDUM NO. 1 FOR SANITARY SEWER REHABILITATION CONTRACT 52 — PART 3 Sewer Project No. P258-702170121983 City Contract No. 01219 D.O.E. No. 6500 Addendum No. 1 Issue Date: May 5, 2014 Bid Receipt Date: May 15, 2014 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside cover). Note receipt of the Addendum in the Bid Form and on the outer envelope of your bid. ATTACHMENTS TO THIS ADDENDUM: Revised Section 00 42 43 Proposal Form Section 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe Construction Plan Sheet 2A PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS: SPECIFICATION AND CONTRACT DOCUMENTS: 1. Section 00 11 13 Invitation to Bidders: The Invitation to Bidders is modified by this Addendum to reflect a new Bid Receipt Date. All other provisions of this section shall remain in effect. Bids will be received until 1:30 PM, Thursday, May 15, 2014. 2. Section 00 00 00 Table of Contents: The Table of Contents is modified by this Addendum to include Section 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe in the section "Technical Specifications which have been modified by the Engineer 1 ADDENDUM NO. 1 specifically for this Project; hard copies are included in the Project's Contract Documents." 3. Section 00 41 00 Bid Form: Item (a) of Section 3 of the Bid form is modified by this Addendum such that the Contractor or Sub-Contractor must be prequalified to perform wastewater rehabilitation up to 54" by open cut. 4. Section 00 42 43 Proposal Form: Replace the Proposal Form in its entirety with the attached revised Proposal Form. 5. Section 00 45 12 Prequalification Statement: The major work type "Wastewater rehabilitation up to 24" by open cut" shall be revised to say"Wastewater rehabilitation up to 54" by open cut." 6. Section 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pjpe: . Section 33 31 21, attached, has been added to the Contract Documents. Item 2.2.B.k has been modified from the City standard specification to limit the maximum calculated deflection to 3%. CONSTRUCTION PLANS: 7. Plan Sheet 2A, attached, is hereby added to the plan set. Receipt Acknowledged: Water Department By: Title: B lu)11_1 Y Tony Sholola, Engineering Manager Water Department 2 ADDENDUM NO. 1 1211 it,1111 qv isAL ro 141 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application 11roj et Item htfonnatioo Bidder's Proposal In'thst Item Description Specification Section No. Unit of Bid Unit Price Did Value No. Nteasure Quantity 1-1 3331.4601 54"Sewer Pie 33 11 10,33 31 13 LF 174 1-2 3331.4317 24"Sewer Pipe* 3331 20 LF 1,987 1-3 3331,4208 12"Sewer Pipe' 33 31 20 LF 356 1-1 3331 4212 12"DIP Sewer 33 11 10 LF 478 1-5 3331,4119 B"DIP Sewer 33 11 10 LF 24 1-6 3305,3010 24"Sewer Carrier Pipe 33 05 24 LF 162 1-7 3305,3008 20"Sewer Carrier Pipe 33 05 24 LF 701 I-f1 3305.3004 12"Sewer Carrier Pie 33 05 24 LF 75 1-9 3305.1 106 36"Casing By Other Than Open Cut 33 05 22 LF 801 1-10 3305.1104 24"Casing By Other Than Open Cut 33 05 22 LF 75 1-11 0241.2117 54"Sewer Abandonment Plug 0241 14 EA 19 1-12 0241,2108 18"Sewer Abandonment Plug 0241 14 EA 9 1-13 0241.2105 6"-12"Sewer Abandonment Plug 0241 14 EA 12 1-14 241.2001 Sanitary Line Grouting 0241 14 CY 650 1-15 3331.3101 4"Sewer Service 3331 50 EA 7 1-16 3331.3101 4"Sewer Service SDR-26 PVC 33 31 50 EA 6 1-17 3311.0141 6"Water Pie 33 11 10 33 11 12 LF 20 1-18 0241.5001 Abandon Manhole 0241 14 EA 8 1-19 0241.2301 Remove Sewer Junction Structure 0241 14 EA 2 1-20 0241.2202 Remove 6'Sewer Manhole 0241 14 EA 3 1-21 0241.2202 Remove 6 Sewer Manhole 0241 14 EA 1 1-22 0241,2201 Remove 4'Sewer Manhole 0241 14 EA 4 1-23 0241.2027 Remove 54"Sewer Line 0241 14 LF 100 1-24 3339.1101 5'Manhole 33 39 10,33 39 20 EA 4 1-25 3339.1102 5'Drop Manhole 33 39 10 33 39 20 EA 3 1-26 3339.1103 5'Extra Depth Manhole 33 39 10 33 39 20 VF 72 1-27 3339.1105 5'Type A Manhole 33 39 10,33 39 20 EA 3 1-28 3339.1001 4'Manhole 33 39 10 33 39 20 EA 4 1-29 3339.1002 4'Drop Manhole 33 39 10,33 39 20 EA 1 1-30 3339.1003 4'Extra Depth Manhole 33 39 10,33 39 20 VF 97 1-31 3339.1004 4'Shallow Manhole 33 39 10,33 39 20 EA 1 1-32 3339.2001 Sanitary Sewer Junction Structure 33 39 10,33 39 20 LS 1 1-33 3339.0001 Epoxy Manhole Liner 33 39 60 VF 65 1-34 3305.0112 Concrete Collar 3305 17 EA 16 1-35 3216.0102 T'Conc Curb and Gutter 32 16 13 LF 55 1-36 3213,0301 4"Conc Sidewalk 32 13 20 SF 155 1-37 3292.0400 Seeding,H dromulch 32 92 13 SY 1,562 I-38 3292.0100 Block Sod Placement 32 92 13 SY 3,010 1-39 3305.0204 Imported EmbedmenUBackfill,Crushed Rock 33 05 10 CY 20 1-40 0330.0001 Concrete Encase Sewer Pie 03 30 00 CY 10 1-01 3201.0614 6"Con;Pvmt Repair,Residential 32 01 29 SY 95 1-42 3201.0113 6'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 84 143 3201-0125 8'Wide Asphalt Pvmt Repair,Arterial 3201 17 LF 55 1-44 320t0202 Asphalt Pvmt Repair Beyond Defined Width,Arterial 3201 17 SY 413 1-45 3201.0400 Temporary Asphalt Paving Repair 3201 18 LF 1,625 1-46 3301.0001 Pre-CCTV Inspection 3301 31 LF 1 7,077 I-47 3301.0002 Post-CCTV Inspection 3301 31 LF 3,954 1-48 3301.0101 Manhole Vacuum Testing 3301 30 EA 16 1-49 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 2 1-50 3305.0109 Trench Safety 33 05 10 LF 3,118 1-51 9999.0000 Remove and Replace Metal Beam Guard Fence 000000 LF 160 1-52 9999.0000 Rework MH Bench&Trough 00 00 00 EA 1 1-53 3292.0500 Seeding,Soil Retention Blanket 3292 13 SY 56 1-54 3471.0001 Traffic Control 3471 13 LS 1 1-55 3125.0101 SWPPP>_1 acre 31 2500 LS 1 1-56 3303.0001 Bypass Pumping 33 03 10 LS 1 57 24+36 000 Clean and Pump Dry M-1-I-1-R from STA 0+00 to STA 0000 W LS 1 24+36 .total Bid '-Contractor must complete the form"City Approved Product,"see Appendix section GR-01 60 00 END OF SECTION CITY VF HIR I W11R III S MAMARD CDNSrRliu l l()N SPEC'IFICA'HON IN K'UMEN I S I R--d2VI'_UI?10 •41111N11M11313 042431N11337,U451211)15 I3 Wurkk'A.1, i3 iI ll - I POI.YVINYI,CHLORIDE(PVC)CI,OSIiD PROFILE(;IZAVITY SANITARY SEWFI: PIPE Page I ol'O SECTION 33 3121 POLYVINYL CHLORIDE(PVC) CLOSED PROFILE GRAVITY SANITARY SBWF,R PIPE PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Polyvinyl Chloride(PVC)pipe 18-inch through 48-inch for gravity sanitary sewer applications B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: I. Division 0—Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 —General Requirements 3. Section 33 01 30—Sewer and Manhole Testing 4. Section 33 01 31 —Closed Circuit Television(CCTV) Inspection 5. Section 33 05 10—Utility Trench Excavation, Embedment and Backfill 6. Section 33 05 26—Utility Markers/Locators 7. Section 33 31 50—Sanitary Sewer Service Connections and Service Line 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Measurement a. Measure horizontally along the surface from center line to center line of the manhole or appurtenance 2. Payment a. 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 linear foot for"PVC ASTM F 1803 Sewer Pipe" installed for: 1) Various sizes 3. The price bid shall include: a. Furnishing and installing PVC gravity pipe with joints as specified by the Drawings b. Pavement removal c. Excavation d. Hauling e. Disposal of excess material f. Furnishing, placement and compaction of embedment g. Furnishing, placement and compaction of backfill h. Trench water stops i. Clean-up j. Cleaning CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 33 31 21 -2 POLYVINYL CI ILORIDH(PVC)CLOSED PROFILE GRAVITY SANITARY si:wi?R PIPP. Page 2 of 6 k. Testing 1.3 REFERENCES A. Reference Standards l. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. American Association of State Highway and Transportation(AASHTO). 3. ASTM International (ASTM): a. D 1784, Standard Specification for Rigid Poly(Vinyl Chloride)(PVC) Compounds and Chlorinated Poly(Vinyl Chloride) (CPVC)Compounds. b. D2412,Standard Test Method for Determination of External Loading Characteristics of Plastic Pipe by Parallel-Plate Loading. c. D3212, Standard Specification for Joints for Drain and Sewer Plastic Pipes Using Flexible Elastomeric Seals. d. F1803, Standard Specification for Poly(Vinyl Chloride) (PVC) Closed Profile Gravity Pipe and Fittings Based on Controlled Inside Diameter. 4. Underwriters Laboratories, Inc. (UL). 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. B. All submittals shall be approved by the City prior to delivery. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Product Data l. Product data sheet 2. Manufacturer 3. Nominal pipe diameter 4. Cell classification 5. Laying lengths 6. Field sealant and sealant procedures B. Certificates 1. Furnish an affidavit certifying that all PVC Gravity Pipe meets the provisions of this Section and has been air and deflection tested and meets the requirements of ASTM F 1803. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Qualifications 1. Manufacturers CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 POLYVINYL CIILORIDI (PV(-)CLOSED PROFILF.(;RAVI"rY SANITARY SIiWPR PIPE. Page 3 otG a. Finished pipe shall be the product of I manut&Icturer for each size, unless otherwise approved by the City. I) Change orders, specials, and field changes may be provided by a different manufacturer upon City approval. b. Pipe manufacturing operations shall be performed under the control of the manufacturer. c. All pipe furnished shall be in conformance with ASTIvI F1803. 1.10 DELIVERY, STORAGE,AND HANDLING A. Storage and Handling Requirements 1. Gravity pipe shall be stored and handled in accordance with the manufacturer's guidelines. 2. Secure and maintain a location to store the material in accordance with Section 01 66 00. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART2 - PRODUCTS 2.1 OWNER-FURNISHED Iolt] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 EQUIPMENT,PRODUCT TYPES AND MATERIALS A. Manufacturers 1. Only the manufacturers as listed in the City's Standard Products List will be considered as shown in Section 01 60 00. a. The manufacturer must comply with this Specification and related Sections. 2. Any product that is not listed on the Standard Products List is considered a substitution and shall be submitted in accordance with Section 01 25 00. B. Performance/Design Criteria 1. Pipe a. Meet all requirements of TCEQ. b. All pipe furnished shall be in conformance with ASTM F1803 for 18-inch through 48-inch. c. PVC Closed Profile Gravity Sanitary Sewer Pipe and Fittings shall be approved by the UL. d. Assume a standard lay length of 14 feet except for special fittings or closure pieces necessary to comply with the Drawings. e. Use green or white coloring for in ground identification as sanitary sewer pipe. £ PVC meeting the requirements of ASTM D1784, with a cell classification of 12364 g. Deflection Design 1) Base pipe design on pipe stiffness, soil stiffness and load on the pipe. 2) Design pipe according to the Modified Iowa Formula as detailed by the Uni-Bell PVC Pipe Association in the Handbook of PVC Pipe, using the following parameters: a) Unit Weight of Fill (w)= 130 pounds per cubic foot CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONsTRucTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 33 31 21 -•1 POLYVINYL CI II,MIDE(PVC)CLOSED PROFII_,1i(i12AVI TY SANITARY SI:WI:R PIPHI. Page 4 ol'6 b) Live Load =AASHTO HS 20 c) Trench Depth = 12 feet minimum, or as indicated in Drawings d) Maximum (E')< 1,000 max e) Deflection Lag Factor(DL)= 1.0 I) Bedding Factor constant(K)=0.1 g) Mean radius ofthe pipe(r), inches,as indicated in Drawings h) Marston's load per Emit length(W), pounds per inch,calculate per Drawings i) PVC modulus of elasticity (E)=400,000 psi j) Moment of inertia of pipe wall per Emit length, (1)=t3/12, (ill"/in), per pipe type and size (1) Where(t)=pipe thickness, inches k) Maximum Calculated Deflection=3 percent h. Pipe Flotation: If the pipe is buried in common saturated soil (about 120 pounds per cubic foot)with at least 1%2 pipe diameters of cover, pipe is generally not subject to flotation. If shallower, check groundwater flotation potential. Flotation will occur if: Fb> Wp+ Wr+ Wd Where: Fb= buoyant force, pounds per foot Wp=empty pipe weight,pounds per foot W f=weight of flooded soil, pounds per foot Wd=weight of dry soil, pounds per foot Values and formulas for the above variables can be obtained from the pipe manufacturer and site specific soil conditions. i. Verify trench depths after existing utilities are located. j. Accommodate vertical alignment changes required because of existing utility or other conflicts by an appropriate change in pipe design depth. k. In no case shall pipe be installed deeper than its design allows. 2. Minimum pipe stiffness of 46 psi at 5 percent deflection when test in accordance with ASTM D2412. 3. Pipe markings a. Meet the minimum requirements of ASTM F1803. b. Minimum pipe markings shall be as follows: 1) Manufacturer's Name or Trademark and production record 2) Nominal pipe size 3) ASTM Standard 4) Cell Classification 5) Seal of testing agency that verified the suitability of the pipe 4. Joints a. Joints shall be gasket, bell and spigot, push-on type conforming to ASTM D3212. b. Since each pipe manufacturer has a different design for push-on joints; gaskets shall be part of a complete pipe section and purchased as such. 5. Connections a. Use only manufactured fittings. b. See Section 33 31 50. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 333121 -5 POLYVINYL CIILORIDE(PVC)CLOSED PROFILE GRAVITY SANITARY SEWER PIPF. Page 5 of6 6. Field Sealant a. Use urethane adhesive(3N1 Scotch-Weld DP605) for sealing connections and field cuts. 7. Detectable Metallic Tape a. See Section 33 05 26. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. General 1. Install pipe, fittings, specials and appurtenances as specified herein, as specified in Section 33 05 10 and in accordance with the pipe manufacturer's recommendations. 2. Lay pipe to the lines and grades as indicated in the Drawings. 3. Excavate and backfill trenches in accordance with 33 05 10. 4. Embed PVC Pressure Pipe in accordance with 33 05 10. B. Pipe Handling 1. Haul and distribute pipe and fittings at the project site. 2. Handle piping with care to avoid damage. a. Inspect each joint of pipe and rejector repair any damaged pipe prior to lowering into the trench. b. Use only nylon ropes, slings or other lifting devices that will not damage the surface of the pipe for handling the pipe. 3. At the close of each operating day: a. Keep the pipe clean and free of debris, dirt, animals and trash—during and after the laying operation. b. Effectively seal the open end of the pipe using a gasketed night cap. C. Pipe Joint Installation 1. Clean dirt and foreign material from the gasketed socket and the spigot end. 2. Assemble pipe joint by sliding the lubricated spigot end into the gasketed bell end to the reference mark. 3. Install such that identification marking on each joint are oriented upward toward the trench opening. 4. When making connection to manhole, use an elastomeric seal or flexible boot to facilitate a seal. D. Field Cutting 1. Make pipe cuts before placing pipe in ditch when possible. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 33 31 21 -6 POLYVINYI,(A ILORIDE(PVC)CLOSED PROFILE GILAVTIY SANITARY SIiWER PIPE Page 6 of 2. Cut pipe with disc blade or circular saw for best results. 3. Do not follow the spiral barrel weld as a cutting guide. 4. Use field sealant on cut locations per the manufacturer's recommendation. E. Connection Installation 1. See Section 33 31 50. F. Detectable Metallic Tape Installation 1. See Section 33 05 26. 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD(oic] SITE QUALITY CONTROL A. Field Tests and Inspections 1. Video Inspection a. Provide a Post-CCTV Inspection in accordance with Section 33 01 31. 2. Air Test and Deflection(Mandrel)Test a. Perform test in accordance with Section 33 01 30. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 5-1-14 ARL 2.2.131—Maximum calculated deflection changed to 3% CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 I I -I I I I - I 1 . I �I I I � ECT IO PR P. �VN2T CONCRCIf � --'Ex j�t1 �� i�. cur Cyr 23. TCH F2 OF P a� I ( 6HEl7,3 PAV G Y ST ON SjlEE7 9'P1 twiER ��'-�.�•t•�_. Y i \ ^�Oi St6.20 $ 500.69 Sf M�SQ0.6 9 y-1-I-1 IX.`�" Ft 24 BOMA r. I I R AV E 1 (ASPHALT PAVING) V po^ o t -. ;;4 I 1. i - F - I 11 i I i All 0 V� =..42 I I I $I 1NcSQi -_ 1 I P P. �518531 __zD 4 CAST C` I �, X-14753 ' II I I' I _•-___ u I ' I I D r I m !I I I I � m I I I j omA� =Y - - - I ym mp�y m , I = KmNm I A $ 0 �T h Q z O U O U d N O I. rABmAb PH� Nc � ° g o Q '''J4 DDD> c3a o 7y O g R3 a$ pq A,'�» �� A�� o H J as o o im€ A f I =`Q p Z y m~ roo r _ '�yfigg4,.8.r P 3A qua: SYCAMORE CREEK INTERCEPTOR REHABILITATION x-21996 DOE.6300 ADDENDUM NO. 2 FOR SANITARY SEWER REHABILITATION CONTRACT 52 -- PART 3 Sewer Project No. P258-702170121983 City Contract No. 01219 D.O.E. No. 6500 Addendum No. 2 Issue Date: May 12, 2014 Bid Receipt Date: May 15, 2014 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside cover). Note receipt of the Addendum in the Bid Form and on the outer envelope of your bid. PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS: CLARIFICATION: 1. Bypass pumping will not be required for M-1-1-1-R from STA 2+15 to STA 24+36, as seen on sheet 2. This portion of the line is no longer active and will only require being cleaned and pumped dry. This work is included under bid item 1-57 — "Clean and Pump Dry M-1-1-1-R from STA 0+00 to STA 24+36. The only flow that will require bypass pumping in M-1-1-1-R from STA 0+00 to STA 2+15 will be from 8" SS line L-9261 to the west. i i SPECIFICATION AND CONTRACT DOCUMENTS: 2. Section 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate: Item 2.2.13 - all ductile iron carrier pipe (with ceramic epoxy) shall have internally restrained joints. 1 ADDENDUM NO. 2 Receipt Acknowledged: Water Department By: .S' Title: By: d v J g Tony Sholola, PE Engineering Manager Water Department 2 ADDENDUM NO. 2 ADDENDUM NO. 3 FOR SANITARY SEWER REHABILITATION CONTRACT 52 -- PART 3 Sewer Project No. P258-702170121983 City Contract No. 01219 D.O.E. No. 6500 Addendum No. 3 Issue Date: May 14, 2014 Bid Receipt Date: May 15, 2014 This addendum forms part of the contract documents referenced above and modifies the original Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside cover). Note receipt of the Addendum in the Bid Form and on the outer envelope of your bid. PLEASE MAKE NOTE OF THE FOLLOWING REVISIONS: SPECIFICATION AND CONTRACT DOCUMENTS: 1. Section 00 42 43 Proposal Form: Replace the Proposal Form in its entirety with the attached revised Proposal Form. Bid Item No. 1-1 shall only be bid as fiberglass pipe and only references Specification Section No. 33 31 13 — Fiberglass Reinforced Pipe for Gravity Sanitary Sewers. 2. Section 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe: Section 33 31 21 has been deleted from the Contract Documents as it does not apply to any bid items within the project. 1 ADDENDUM NO. 3 Receipt Acknowledged: Water Department By: /moo IL Title: l/�� ��si'd..7�' By: �",40— Ton Sholola, PE Engineering Manager Water Department 2 ADDENDUM NO. 3 m,lrlm InD 1'Rrn'�).}AI. SECTION 00 42 43 PROPOSAL FORM REVISED ON 5-14-14 PER ADDENDUM NO.3 UNIT PRICE BID Bidder's Application Protect Item Information Bidder's Proposal Bidlist Item Desenpaon Specification Section No. Unit of Bid Unit Price Bid Value No. Minsuro Qua nity 1-1 3331 4601 54"Sewer Pipe 3331 13 LF 174 1-2 3331.4317 24"Sewer Pip* 3331 20 LF 1,087 1-3 3331 4208 12"Sewer Pipe* 3331 20 LF 356 1-4 3331.4212 12"DIP Sewer 3311 10 LF 478 1-5 3331.4119 8"DIP Sewer 33 11 10 LF 24 1-6 3305.3010 24"Sewer Camer Pie 33 05 24 LF 162 1-7 3305,3008 20"Sewer Canner Pie 33 05 24 LF 701 1-8 3305.3004 12"Sewer Carder Pie 33 05 24 LF 75 1-9 3305.1106 3W CasingB Other Than Open Cul 33 05 22 LF 801 1-10 3305.1104 24"CasingB Other Than Open Cut 33 05 22 LF 75 1-11 0241.2117 54"Sewer Abandonment Plug0241 14 EA 19 1-12 0241.2108 18"Sewer Abandonment Plug0241 14 Fla 9 1-13 0241.2105 6"-12"Sewer Abandonment Plug0241 14 EA 12 1-14 241.2001 SanitaryLine Grouting0241 14 CY 1 650 1-15 3331,3101 4"Sewer Service 3331 50 EA 7 1-16 3331,3101 4"Sewer Service SDR-26 PVC 3331 50 EA 6 1-17 3311.0141 6"Water Pie 33 11 10 33 11 12 LF 20 1-18 0241,5001 Abandon Manhole 0241 14 EA 8 1-19 0241.2301 Remove Sewer Junction Structure 0241 14 EA 2 1-20 0241.2202 Remove 6'Sewer Manhole 0241 14 EA 3 1-21 0241.2202 Remove 5'Sewer Manhole 0241 14 EA 1 1-22 0241,2201 Remove 4'Sewer Manhole 0241 14 EA 4 1-23 0241.2027 Remove 54"Sewer Line 0241 14 LF 1 100 1-24 3339,1101 5'Manhole 33 39 10 33 39 20 EA 4 1-25 3339.1102 5'Drop Manhole 33 39 10 33 39 20 EA 3 1-26 3339.1103 5'Extra Depth Manhole 33 39 10 33 39 20 VF 72 1-27 3339.1105 5'Type A Manhole 33 39 10 33 39 20 FA 3 1-28 3339.1001 4'Manhole 33 39 10 33 39 20 EA 4 1-29 3339.1002 4'Drop Manhole 33 39 10 33 39 20 Fla 1 I-30 3339.1003 4'Extra Depth Manhole 33 39 10 33 39 20 VF 97 1-31 3339,1004 4'Shallow Manhole 33 39 10 33 39 20 1 FA 1 1-32 3339.2001 Sanitary Sewer Junction Structure 33 39 10 33 39 20 LS 1 1-33 3339.0001 Epoxy Manhole Liner 33 39 60 VF 65 1-34 3305.0112 Concrete Collar 33 05 17 EA 16 1-35 3216.0102 7"Conc Curb and Gutter 32 1613 LF 55 1-36 3213.0301 4"Conc Sidewalk 32 13 20 SF 155 1-37 3292.0400 Seeding,H dromulch 32 92 13 SY 1,562 1-38 3292.0100 Block Sod Placement 32 92 13 SY 3,010 1-39 3305.0204 Imported Embedment/Backfill.Crushed Rock 3305 10 CY 20 1-40 0330.0001 Concrete Encase Sewer Pipe 03 30 00 CY 1 10 1-41 3201.0614 6"Conc Pvmt Repair,Residential 3201 29 SY 95 I-42 3201.0113 6'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 84 I-43 3201.0125 8'Wide Asphalt Pvmt Repair,Arterial 3201 17 LF 55 1-44 3201.0202 Asphalt Pvmt Repair Beyond Defined Width Arterial 3201 17 SY 413 1-45 3201.0400 Temporary Asphalt Paving Repair 3201 18 LF 1,625 1-46 3301.0001 Pre-CCTV Inspection 33 01 31 LF 7,077 1-47 3301.0002 Post-CCTV Ins eclion 3301 31 LFF31 lA8 3301.0101 Manhole Vacuum Testing330130 EA 1-49 3305.0103 Exploratory Excavation of ExistingUtilities 330530 EA 1-50 3305.0109 Trench Safe 33 05 10 LF 1-51 9999.0000 Remove and Re lace Metal Beam Guard Fence 000000 LF1-52 9999.0000 Rework MH Bench&Tro h 000000 EAI-53 3292.0500 Seedin Soil Retention Blanket 3292 13 SY 1-54 3471.0001 Traffic Control 3471 13 LS 1 1-55 3125.0101 SWPPP>_l acre 312500 LS 1 1-56 3303.0001 Bypass Pumping 33 03 10 LS 1 I-57 9999.0000 Clean and Pump Dry M-1-1-1-R from STA 0+00 to STA 0,0000 LS 1 24+36 Total Bid -Contractor must complete the form"City Approved Product,"sec Appendix section GR-01 60 00 END OF SECTION CI fY OF RIK r W 11R l n .S IANDARD(0)41 1 RUC FJOI;SPEC TIC A IR IN IX)CURIFNrS Tm Ifa.i.cd 2n l'_III2U 1M 41',YI(Y)III 11 INI42 41 I N 4137 A)4i I_''AI 1 i I 1 11A Pmo.++l lYnratook.Als 0011 I1- I INVITATION TO BIDD1?RS Page 1 42 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Sanitary Sewer Improvements—Contract 52, Part 3 will be received by the City of Fort Worth Purchasing Office: City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth,Texas 76102 until 1:30 P.M. CST,Thursday, May 15, 2014, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the(approximate) following: 1,987 LF of 24"sanitary sewer pipe, 834 LF of 12" sanitary sewer pipe, and 24 LF of 8" sanitary sewer by open cut, 162 LF of 24" sanitary sewer pipe, 701 LF of 20"sanitary sewer pipe, and 75 LF of 12" sanitary sewer pipe by other than open cut, 15 EA sewer manholes up to 41-feet in depth, 95 SY of permanent concrete pavement repair, 150 LF permanent asphalt pavement repair, and 1,625 LF of temporary pavement repair. PREQUALIFICATION The improvements included in this project must be performed by a contractor who is pre- qualified by the City at the time of bid opening.The procedures for qualification and pre- qualification are outlined in the Section 00 21 13 —INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at littp://www.fortworthgov.or�4/purchasing/and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from Teague Nall and Perkins, 1100 Macon Street, Fort Worth,Texas, 76102. The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with full size drawings: $80.00 CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Rakesh Chaubey,P.E., City of Fort Worth Email: Rakes h.Chaubey@ fortworthtexas.gov Phone: (817) 392-6051 AND/OR Attn: Andrew Luce,P.E.,Teague Nall and Perkins CITY OF FORT WORTH S(wifm',Scwer Improve nlents—Contrnc t 52, Port 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cih Project;Vo.01219 Revised htly I,2011 001113-2 iNvrrA'rION TO BIDDERS Page 2 of 2 Enmil: aluce((Ptnpinc.com Phone: (,S17) 336-5773 ADVERTISEMENT DATES April 17, 2014 April 24, 2014 END OF SECTION CITY OF FORT WORTH Sanitaly Sewer hnprorrnrelits—Contrort S?, Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cin'Project;Vo.0121) Revised July I,201 1 0021 13 1 INSTRucTIONS TO BIDDERS Page I of 9 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS Defined Terms 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 12.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2.City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1.All Bidders and their Subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified(even if inadvertently opened) shall not be considered. 32.Each Bidder unless currently prequalified, must be prepared to Submit to City within seven (7)calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification Should be addressed to the City contact as provided in Paragraph 6.1. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0 12 19 Revised December 20,2012 0021 11-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s) for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4.In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents,Other Related Data, and Site 4.1.Before submitting a Bid, each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress,performance or furnishing of the Work. 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and(ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 OIY21 I_i- 3 INSTRUCTIONS TO RIDDERS Pagc.l of 9 4.1.6. Perform independent research, investigations, tests, borings, and Such other means as may be necessary to gain a complete knowledge of the conditions which will he encountered during the construction of the project. On request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the Submission of a proposal is prima-facie evidence that the Bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.3. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities)which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Pail 3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project No.0 12 19 Revised December 20,3012 00-11 13- I INSTRUCTIONS TO BIDDERS Paige-I of 9 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) chat may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Proiect No.01219 Revised December 20,2012 0021 I3-5 INS'IRucTIONS TO BIDDERS Page 5 of 9 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 Attn: Rakesh Chaubey, P.E., City of Fort Worth Water Department Email: Rakesh.Chaubey@fortworthtexas.gov Phone: (817) 392-6051 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3.Addenda or clarifications may be posted via Buzzsaw at: ltttps://pr 'o ectpoiilt.buz:s(t�t.coin/client/forttit,orthkov/In fi•astructitre%20Proiects/01219% 20-1Io20SS%20Rehab%20Cotttraet%2052%20-%20Part%203%20/Biti%20Prrckcige. 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price on form attached, issued by a Surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award, City may consider Bidder to be in default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 0021 13-0 INSTRUCTIONS TO BIDDERS P;1ae 0 or 9 S. Contract'Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form, 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a "Substitute" or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B, and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. 11. Subcontractors,Suppliers and Others 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 12-201 1 (as amended), the City has goals for the participation of minority business and/or small business enterprises in City contracts. A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the MBE and SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor Waiver Form and/or Good Faith Effort Form with documentation and/or Joint Venture Form as appropriate. The Forms including documentation must be received by the City no later than 5:00 P.M. CST, five (5) City business days after the bid opening date.The Bidder shall obtain a receipt from the City as evidence the documentation was received. Failure to comply shall render the bid as non- responsive. 1 L2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. t2. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. hl the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, written in ink in both words and numerals, for which the Bidder proposes to do the work contemplated or furnish materials required. All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals, the price in written words shall govern. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20.2012 0021 1 3 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the option of the City, be returned unopened. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 00-11 13 -5 INSTRUCTIONS TO BIDDERS Floc S of 9 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be Submitted. An abstract of the amounts of the base Bids and major alternates(if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct Such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 0021 13-9 INSTRUCTIONS TO f31DDERS Page 9 o1 9 17.4. Contractor shall perform with his own organization, work of a value not less than 3.5% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the hest interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds, Certificates of Insurance, and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Pat 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pd 0 CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: William J Schultz Inc dba Circle C Construction Comp By: Teresa S Skelly PO Box 40328 Signature: < Fort Worth, Texas 76140 Title: Vice Pre t END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 00 35 13- i CONFLICT OF INTEREST AFFIDAVIT Page 3 of 3 LOCAL (30VERNMENT OFFICER FORM CIS CONFLICTS DISCLOSURE STATEMENT onsuix ir-ns,or compieungand wiN this form are Providled on the pextpaqe.I -ICF Tulaqjestionnalre TOWte Changes Ma"to Me 13W tly H.B. 1431, JJth L--q- RaqU[ar 3Eiaalo C4+ E U8oil" Tis is the —j"ice to the appropriate locat gcvemmental enbty that the `cflcwirtg kcal �-,v"nment offcer has become aware oi facts that require the c-'river to file th.js statement A arrordance omh Chapter 175,Local Government Ccde. Name oft-oval Government Officer 21 Office Held Name of person described by Sections 176.002(a)and 176-003(a).Local Gov emment Code 4 Description of the nature and extent of employment or other business relationship with person named in item 3 List gifts accepted by the local government officer and any family member,excluding gift described by Section 175A03(3-1).if aggregate value of the gifts accepted from person named in item 3 exceed$250 during the 12-month period described by Section 17GA03(a)t2)(B) Gate Gitt Accepted_ Description o.iGift Date Gif it Accepted Cescription of Gift Date GiftAccepted Description of G,,ft (attach additional forms as ne-,ce--,sary) AFFUAW f swear under penalty c-fa,-,jLry that me 3t%7ve siat&Terit is true aad-IN-rect.i L-im-.ne ulsciuszire apples to a lamity Te"er ps cenred by SK,.Ion 176,W112),local oi:m4r,"Perd cede}Or IVS;n-cal 1p,4eiment Qtnm-t I also acKnumedge-Mat'his EtateiTeqrd 1241with period de6CMed by�,Icffw 178.1DA1314 1-ccal Goveiment CrJA— `Igla:Urre of LQCJ4 G-CWTrIM--ilt 01TIC-14 140T,;r Y -TAMP ,AL �Alclm to and 2Qb-1Cr1ne5 oefore me,by fne:.a)d :o ctzt"y ftr-t3sny hand and zeal c,f c"Vice. dml�-i S�.ellro C'Itn f alliceir �ilnfed name of z;rrmr ajmlri�leong catn T*+e�:fomL�r a Adapted Tii29�,2,207 END OF SECTION CITY OF FORT WORTH Sanitai--�P.Sewcr Improvements Contract 52, Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Projcct No.ol 211) Revised JLIIY 1,20 11 00 41 00 BID FORM Page 1 of 7 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Sanitary Sewer Improvements-Contract 52, Part 3 City Project No.: 01219 Units/Sections: 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 0041 00 BID FORM Page 2 of 7 subcontractors: a. Wastewater rehabilitation up to 54"by open cut b. Wastewater rehabilitation up to 24"by trenchless methods c. List work type here or space d. List work e hers^or space 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 240 calendar 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. 7. Bid Submittal This Bid is submitted on May 15, 2014 by the entity named below. Respectfully submitted, JReceipt is acknowledged of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook 0041 00 BID FORM Page 3 of 7 following Addenda: By: �� l Addendum No. 1: tss (Signature) Addendum No. 2: tss Addendum No. 3: tss Teresa S Skelly Addendum No.4: (Printed Name) Title: Vice President Company: William J Schultz Inc dba Circle C Construction Comp, Corporate Seal: Address: PO Box 40328 Fort Worth, Texas 76140 State of Incorporation: Texas Email: t.skelly(o)circlecconstruction.com Phone: 817-293-1863 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook nin Pli:,l'U3.AI SECTION 00 42 43 PROPOSAL FORM REVIS1sD ON 5-14-14 PER ADDENDUM NO.3 UNIT PRICE BID Bidder's Application Pnjrct Item I"In"ma un Ilid&e,IWI-al 111JIist Item hoof Bid No. Uescriptiun S1xciBcai tun Bruton Nu. M-urc Otruvityjj Unit Bid Value 1.1 3331.4601 54'Sewer Pie 3331 13 LF 174 $52.200.00 1-2 3331.4317 24'Sower Pipe' 33 31 20 LF 1,9870 $307 985.00 1-3 3331.4208 12'Sower Pipe' 3331 20 LF 3560 $51,620.00 1-4 3331.4212 12'DIP Sewer 33 11 10 LF 4780 $83 650.00 1-5 3331.4119 8'DIP Sewer 3311 10 LF 24 S2,880.00 1-6 3305.3010 24'Sewer Carrier Pie 33 05 24 LF 162 $29 970.00 1-7 3305.3008 20'Sewer Carrier Pipe 33 05 24 LF 701 $115 665.00 1-8 3305.3004 12'Sewer Carrier Pie 33 05 24 LF 75 S9 375.00 1-9 3305.1106 36'Casing By Other Than Open Cut 33 05 22 LF 801 580.00 $464 580.00 1-40 3305.1104 24'Casing By Other flan Open Cut 33 05 22 LF 75 525.00 S39 375.00 1-11 0241.2117 54'Sewer Abandonment Plug 0241 14 EA 19 2,500.00 $47 500.00 1-12 0241,210818'Sewer Abandonment Plug 024114 EA 9 1,800.00 S16200.00 1-13 0241.2105 6'-12'Sewer Abandonment Plug 0241 14 EA 12 1,500.00 $18 000.00 1-14 241.2001 Sanitary Line Grouting 0241 14 CY 650 150.00 S97 500.00 1-15 3331.3101 4'Sewer Service 3331 50 EA 7 550.00 S3 8%00 I-16 3331.3101 4'Sewer Service SDR-26 PVC 3331 50 EA 6 600.001 $3 600.00 1-17 3311.0141 6'Water Pie 33 11 10 33 11 12 LF 20 65.00 $1,300,00 1-18 0241.5001 Abandon Manhole 0241 14 EA 8 600.00 S4 800.00 1-19 0241.2301 Remove Sewer Junction Structure 0241 14 EA 2 1,800.00 $3 600.00 1-20 0241.2202 Remove 6'Sewer Manhole 0241 14 EA 3 1,200.00 S3 600.00 1-21 0241.2202 Remove 5'Sewer Manhole 0241 14 EA 1 1,000.00 $1 000.00 1-22 0241.2201 Remove 4'Sewer Manhole 0241 14 EA 4 800.00 $3 200.00 1-23 0241,2027 Remove 54'Sewer Line 0241 14 LF too 30.00 S3 000.00 1-24 3339.1101 5'Manhole 33 39 10,33 39 20 EA 4 4,800.00 $19 200.00 1-25 3339.1102 TOrop Manhole 33 39 10,33 39 20 EA 3 5,500.00 S16,500.00 1-26 3339.1103 5'Extra Depth Manhole 33 39 10,33 39 20 VF 72 220.00 $15 840.00 1-27 3339.1105 5'Type A Manhole 33 39 10 33 39 20 EA 3 6,500.00 S19,500.00 1-28 3339.1001 4'Manhols 33 39 10,33 39 20 EA 4 3,500.00 $14 000.00 1-29 3339.1002 4'Drop Manhole 33 39 10,33 39 20 EA 1 4,500.00 $4 500.00 1-30 3339,1003 4'Extra Depth Manhole 33 39 10,33 39 20 VF 97 180.00 $17 460.00 1-31 3339,1004 4'Shallow Manhole 33 39 10,33 39 20 EA 1 3,000.00 $3 000.00 1-32 3339.2001 Sanitary Sewer Junction Structure 33 39 10 33 39 20 LS 1 12 500.00 $12 500.00 1-33 3339.0001 Epoxy Manhole Liner 33 39 60 VF 65 200.00 $13 000.00 1-34 3305.0112 Concrete Collar 3305 17 EA 16 300.00 $4 800.00 1-35 3216.0102 7'Conc Curb and Gutter 321613 LF 55 30.001 $1,650.00 1-36 3213.0301 4'Conc Sidewalk 32 1320 SF 155 8.00 $1 240.00 1-37 3292.0400 Seeding,H dromulch 3292 13 SY 1.562 3.00 $4 686.00 1-38 3292.0100 Block Sod Placement 3292 13 SY 3,010 5.00 $15 050.00 1-39 3305.0204 Imported EmbedmenVBacktill,Crushed Rock 33 05 10 CY 20 15.00 $300.00 1-40 0330.0001 Concrete Encase Sewer Pie 03 30 00 CY 1 10 150.00 $1,500.00 1-41 3201.0614 6'Conc Pvmt Repair,Residential 3201 29 SY 1 95 85.00 $8 075.00 1-42 3201.0113 6'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 84 45.00 $3,780.00 1-43 3201.0125 B'Wide Asphalt Pvmt Repair,Arterial 3201 17 LF 55 48.001 $2 640.00 1-44 3201,0202 Asphalt Pvmt Repair Beyond Defined Width,Arterial 3201 17 SY 413 13.00 $5 369.00 1-45 3201.0400 Temporary Asphalt Paving Repair 3201 18 LF 1,625 10.00 $16,250.00 1-46 3301.0001 Pre-CCTV Inspection 3301 31 LF 7,077 5.00 $35 385.00 I-47 3301.0002 Post-CCTV Inspection 3301 31 LF 3,954 3.00 $11,862.00 1-48 3301.0101 Manhole Vacuum Testing 3301 30 EA 16 250.00 $4 000.00 1-49 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 1 2 1,500.00 $3 000.00 1-50 3305.0109 Trench Safety 33 05 10 LF 3,118 1.00 $3 118.00 1-51 9999.0000 Remove and Replace Metal Beam Guard Fence 00 00 00 LF 160 50,001 $8 000.00 1-52 9999.0000 Rework MH Bench&Trough 00 00 00 EA 1 2.5wx tx) $2 500.00 1-53 3292.0500 Seeding,Soil Retention Blanket 32 92 13 SY 56 35.IN) $1 400.00 1-54 3471.0001 Traffic Control 3471 13 LS 1 9,5W.00 $9 500.00 1-55 3125.0101 SWPPP>_1 acre 312500 LS 1 8.5(N).uo $8,500.00 1-56 3303.0001 Bypass Pumping 3303 10 LS 1 15.IH)0.00 $15,000.00 1-57 9999.0000 Clean and Pump Dry M-1-I-1-R from STA 0+00 to STA 00 00 00 LS 1 24+36 1 13.500.00 $12 500.00 Total Bid $1,680,055.00 '-Contractor must complete the farm"City Approved Pnxluct;'see Apr-dix section GR-01 60(H) END OF SECTION t IT\OF FORT%OR nl s T.ND.ARD('O`Iti YRUCTION S'PFCIHC.\TION DOC4NtENrs 00 43 13 BID BOND Page 5 of 7 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: -hat we, (Bidder Name Company Name Here einafter called the Principal, and (Surety Nar Surety Name Here a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Spell Out Numbers Here and No/100 Dollars ($ Numerals Here .00), the payment of which sum will be well and truly made and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Sanitary Sewer Improvements -Contract 52, Part 3 0 NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of 2014. By: Company Name Here (Signature and Title of Principal) *By: Surety Name Here (Signature of Attorney-of-Fact) `Attach Power of Attorney(Surety) for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 201 10627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook.xls 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 6 of 7 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. El A. Nonresident bidders in the State of State Here or Blank , our principal place of business, are required to be % Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank , 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. BIDDER: William J Schultz Inc dba Circle C Construction By: Teresa S Skelly Company PO Box 40328 (Signature) Fort Worth, Texas 76140 Title: Vice President Date: o- /3 -/� END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_13id Proposal Workbook 0045 12 BID FORM Page 7 of 7 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Wastewater rehabilitation up to Circle C Construction 1/31/2015 54" by open cut Wastewater rehabilitation up to Circle C Construction 1/31/2015 24" by trenchless methods List work type here or space Company Name Here or space Date Here or space List work type here or space Company Name Here or space Date Here or space The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: William J Schultz Inc dba Circle C Construction By: Teresa S Skelly Company PO Box 40328 (Signa Fort Worth, Texas 76140 Title: Vice President Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 00-1511 - I BIDDERS PREQUALIFICATIONS Ptgc I SECTION 00 45 It BIDDERS PREQUALIFICATIONS I. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or Subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor.The information must be Submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31 st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun &Bradstreet.This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification.These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement Submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH Sartttan :Sov r Imprnrrmews-Cowract 52, p,irt 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Citv Project No.0l219 Revised July 1,2011 nq-li l l 3 BIDDHRS PREQUALIFICA HONS Page 3 of 3 cl. If a contractor has a valid prequalification letter, the contractor will be eligible to bid the prequalified work types until the expiration date stated in the letter. END Or SECTION CITY OF FORT WORTH Srutil�tr_��Seim r ln�prorenr��rus-Cmm-acr?1, M71 t_3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS Cite Mojo t.No.013/9 Revised.luly 1,201 t 1 ! 0015 _26- I CONTRACTOR COMPLIANCE WITH WORKER'S CONI PENS A"rION LAW Page 1 ul I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to"Texas Labor Code Section 106.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 012 19, Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: cd/II/G/►s T�SG�tN I�t Z�/rC. ���L. �+ C�iclr G" CO/ffT/NGfOn By: Company (Please Print) �O. dez Signature: i Address I zglyo Title: ��e j City/State/Zip (Please Print) ;:o PaY-P6o� MICHELE S.LANKFORD I THE STATE OF TEXAS § *� '+` Notary Public STATE OF TEXAS COUNTY OF TARRANT Exp.October 7,2015 § BEFORE ME, the undersigned authority, on this day personally appeared /.---v.ra 4fX.//y - , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of for the purposes and ' consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /,7 1-14 day of "T c 20ZY.-- VAN%." Lan Lftn'd Notary Public in and for the State of xas END OF SECTION 1 CITY OF FORT WORTH .4urlitun'Scher/nlprovenlrnts--Cnnnzlcr i_'. Pan.? STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C'ih^Prujery N'o.o12/9 Revised July 1,2011 UI1 !) 10- I MINORITY AND WOMEN BUSINESS ENrERPRISF GOAL Page I of I SECTION 00 45 40 MINORITY BUSINESS ENTERPRISE GOAL APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, the VIBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (NIBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. MBE PROJECT GOAL The City's NIBE goal on this project is 12% of the total bid (Base hid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a VIBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 3. Good Faith Effort documentation,or; 4. Waiver documentation. Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- responsive. Any questions, please contact the M/WBE Office at(817) 392-6104. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing Department and obtain a date/time receipt. Such receipt shall be evidence that the City received thg documentation in the time allocated. A faxed copy will not be acre ted4 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if participation is less than the bid opening date,exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if no NIBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if firm will received by 5:00 p.m., five (5) City business days after perform all subcontractinJsu lier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form, if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. END OF SECTION CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No,01219 Revised December 20,2012 0015 tI - I MINORITY AND WOMEN 13USINESS ENTERPRISE GOAL I'aae I of I SECTION 00 45 41 SMALL BUSINESS ENTERPRISE GOAL APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then the SBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, the SBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Small Business Enterprises (SBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. SBE PROJECT GOAL The City's SBE goal on this project is Oro of the total bid (Base hid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a SBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Ordinance by one of the following: 1. Meet or exceed the above stated SBE goal through SBE subcontracting participation,or 2. Meet or exceed the above stated SBE goal through SBE Joint Venture participation,or 3. Good Faith Effort documentation,or; 4. Waiver documentation. Failure to comply with the City's Business Diversity Ordinance, shall result in the Bid being considered non-responsive. Any questions, please contact the M/WBE Office at(817) 392-6104. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the SBE documentation in person to the appropriate employee of the Managing Department and obtain a'date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed copy will not be acce ted 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if participation is less than the bid opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/su Tier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form, if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. END OF SECTION CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 00 52 43-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on 5 August 2014 is made by and between the City of Forth 5 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 6 ("City"), and William J. Schultz, Inc. dba Circle C Construction Company, authorized to do 7 business in Texas, acting by and through its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Sanitary Sewer Improvements Contract 52 Part 3 17 City Project Number 01219 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 180 calendar days after the date 24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 25 Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City Four Hundred Twenty Dollars ($420.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. CITY OF FORT WORTH Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Contract 52 Part 3 Revised June 4,2012 City Project No.01219 00 52 43-2 Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of One Million, Six Hundred Eighty Thousand, Fifty- 40 Five and No/100 Dollars ($1,680,055.00). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents(project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MWBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued,become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 CITY OF FORT WORTH Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Contract 52 Part 3 Revised June 4,2012 City Project No.01219 00 52 43-3 Agreement Page 3 of 4 75 Article 6.INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers, servants and employees,from and against any and all loss, damage 89 or destruction of property of the city, arising out of,or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act,omission or negligence of the city. 95 96 Article 7.MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 ANY PROVISION OR PART OF THE CONTRACT DOCUMENTS HELD TO BE 109 UNCONSTITUTIONAL, VOID OR UNENFORCEABLE BY A COURT OF 110 COMPETENT JURISDICTION SHALL BE DEEMED STRICKEN, AND ALL ill REMAINING PROVISIONS SHALL CONTINUE TO BE VALID AND BINDING 112 UPON CITY AND CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Contract 52 Part 3 Revised June 4,2012 City Project No.01219 00 52 43-4 Agreement l Page 4 of 4 117 7.6 Other Provisions. 118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 119 classified, promulgated and set out by the City, a copy of which is attached hereto and 120 made a part hereof the same as if it were copied verbatim herein. I 121 7.7 Authority to Sign. 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. I 124 125 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 126 counterparts. 127 128 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 129 Contractor: City of Fort Worth William J. Schultz,Inc. dba ' Circle C Construction Company By. Fernando Costa By: o �� Assistant City Manager (Signature) Date 71 Teresa S. Skelly Attest: - lflp�k (Printed Name) K r (Seal) City Secretary ��� Title: Vice President ®o A � � S Address: P. O. Box 40328 $ g l M&C L—z�IDS �`bo° 1 Date: `3- S-/�/ S City/State/Zip: Fort Worth,TX 76140 Approved as to Form and Legality. I I Date Douglas W.Black Assistant City Attorney 130 131 132 APPRO CO NDE _ I 133 134 135 136 Frank Crumb,P.E. 137 DIRECTOR,Water Department 138 CITY OF FORT WORTH OFFICIAL.RECORD anitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CITY SECRETARY Contract 52 Part 3 Revised June 4,2012 FT. ■ OR I RO TX City Project No.01219 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 BOND NO.TXC605711 2 SECTION 00 6113 3 PERFORMANCE BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 9 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as 10 "Principal" herein and Merchants Bonding Company (Mutual), a corporate surety(sureties, if 11 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein 12 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 13 corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of 14 One Million, Six Hundred Eighty Thousand, Fifty-Five and No/100 Dollars ($1,680,055.00), 15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 16 payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns,jointly and severally, firmly by these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the 5th day of August, 2014, which Contract is hereby referred to and made a part 20 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 21 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 22 as provided for in said Contract designated as Sanitary Sewer Improvements Contract 52,Part 23 3,City Proiect Number 01219. 24 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders,under the Contract,according to the plans, 27 specifications, and contract documents therein referred to, and as well during any period of 28 extension of the Contract that may be granted on the part of the City, then this obligation shall be 29 and become null and void,otherwise to remain in full force and effect. 30 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 31 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 32 Worth Division. CITY OF FORT WORTH Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Contract 52,Part 3 Revised July 1,2011 City Project No. 01219 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 shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 5th day of August,2014. 6 PRINCIPAL: 7 8 William J. Schultz,Inc. dba 9 Circle C Construction Company 10 1 / 11 BY: !� 12 Signature 13 ATTEST: 14 �' Teresa S. Skelly,Vice-Presi t 15 (Principal) Secretary,Michele S.Lank fo d Name and Title 16 17 Address: P. O.Box 40328 18 19 Fort Worth,Tx7-6140 20 21 22 Witness as to Principal 23 SURETY: 24 25 Merchants B din2 Com an (Mutual) 26 27 BY: 28 Signature 29 30 Sheryl A.VJutts,Attorney-in-Fact 31 Name and Title 32 33 Address: 2100 Fleur Drive 34 35 � Des Moines,IA 50321 36 37 Witness as to Surety,John A.Miller Telephone Number: 1-800-678-8171 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Contract 52,Part 3 Revised July 1,2011 City Project No. 01219 006114-1 PAYMENTBOND Page 1 of 2 1 BOND NO.TXC605711 2 SECTION 00 6114 3 PAYMENT BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as 9 "Principal" herein, and Merchants Bonding Company (Mutual), a corporate surety (sureties), 10 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or 11 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 penal sum of One 13 Million, Six Hundred Eighty Thousand, Fifty-Five and No/100 DOLLARS ($1,680,055.00), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the 15 payment of which sum well and truly be made, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns,jointly and severally, firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 5th day of August, 2014, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to far-fish 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 Sanitary Sewer Improvements Contract 52, Part 3, City Project Number 22 01219 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal 24 shall pay all monies owing to any(and all)payment bond beneficiary(as defined in Chapter 2253 25 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, 26 then this obligation shall be and become null and void; otherwise to remain in full force and 27 effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas 29 Government Code, as amended, and all liabilities on this bond shall be determined in accordance 30 with the provisions of said statute. CITY OF FORT WORTH Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Contract 52,Part 3 Revised July 1,2011 City Project No. 01219 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and. SEALED this 2 instrument by duly authorized agents and officers on this 5th day of August,2014. PRINCIPAL: William J. Schultz,Inc. dba Circle C Construction Company ATTEST: BY: Signature Teresa S. Skelly'—Vice President (Principal) Secretary,Michele S.L kford Name and Title Address: P. O.Box 40328 Fort Worth,TX 76140 Witness as to Principal SURETY: Merchants I)o1aing Company(Mutual) ATTEST: BY: &4 V-&� Signature Sheryl A.Klutts,Attorney-in-Fact (Surety) Secretary Name and Title Address: 2100 Fleur Drive Des Moines,IA 50321 Witness as to Surety, John A. filler Telephone Number: 1-800-678-8171 3 4 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 5 bylaws showing that this person has authority to sign such obligation. If Surety's physical 6 address is different from its mailing address,both must be provided. 7 8 The date of the bond shall not be prior to the date the Contract is awarded. 9 END OF SECTION CITY OF FORT WORTH Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Contract 52,Part 3 Revised July 1,2011 City Project No. 01219 0061 19-1 MAINTENANCE BOND Pagel of 3 1 BOND NO.TXC605711 2 SECTION 00 6119 3 MAINTENANCE BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 9 That we William J. Schultz, Inc. dba Circle C Construction Company, known as 10 "Principal" herein and Merchants Bonding Company (Mutual), a corporate surety (sureties, if 11 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein 12 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 13 corporation created pursuant to the laws of the State of Texas,known as "City"herein, in the sum 14 of One Million, Six Hundred Eighty Thousand, Fifty-Five and No/100 DOLLARS 15 ($1,680,055.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 16 Texas, for payment of which sum well and truly be made unto the City and its successors, we 17 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 18 firmly by these presents. 19 20 WHEREAS, the Principal has entered into a certain written contract with the City awarded the 21 5th day of August, 2014, which Contract is hereby referred to and a made part hereof for all 22 purposes as if fully set forth herein,to furnish all materials, equipment labor and other accessories 23 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 24 authorized Change Order (collectively herein, the "Work") as provided for in said contract and 25 designated as Sanitary Sewer Improvements Contract 52, Part 3, City Project Number 26 01219 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 CITY OF FORT WORTH Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Contract 52,Part 3 Revised July 1,2011 City Project No. 01219 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the City of the need therefore at any time within the Maintenance 3 Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by City, to a completion 7 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 8 full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 12 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 13 the Surety under this Maintenance bond; and 14 15 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 CITY OF FORT WORTH Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Contract 52,Part 3 Revised July 1,2011 City Project No. 01219 006119-3 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 5t6 day of August,2014. 3 4 PRINCIPAL: 5 William J Schultz Inc.dba 6 Circle C Construction Company 7 / 8 BY: Li 9 Signature 10 ATTEST: 11 12 ` Teresa S.Skelly—Vice President 13 (Principal)Secretary,Michele S. kford Name and Title 14 v 15 Address: P. O.Box 40328 16 17 Fort Worth,TX 76140 18 19 Witness as to Principal 20 SURETY: 21 22 Merchants Boilu Company(Mutual) 23 24 BY: 14,9 25 Signature 26 27 Sheryl A.Klutts,Attorney-in-Fact 28 ATTEST: Name and Title 29 30 Address:2100 Fleur Drive 31 (Sur );Secretary 32 �'� � Des Moines,IA 50321 33 or,�p 34 Witness as to.Surety,John A.R iller Telephone Number: 1-800-678-8171 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH Sanitary Sewer Improvements STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Contract 52,Part 3 Revised July 1,2011 City Project No. 01219 MERCHANT! BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts of Fort Worth and State of Texas their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: TEN MILLION($10,000,000.00)DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 13thday of August , 2014, AWMA MERCHANTS BONDING �'_ mS.p`�P 9q O f MERCHANTS NATIONAL N IN C. COMPANY ((MUTUAL) 0� �?tip'` ay;�-�"3 'vr;,Z �':�'• 1933 c: '� • .yJ. •C,1r. By STATE OFIOWA e��'••,,, ��,��`�� �•••� ��.•• COUNTY OF POLK ss. '""'rr"'rrF President On this 13th day of August 2014,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. �VYJAtm WENDY WOODY o Commission Number 784654 My Commission Expires �owP • June 20, 2017 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 5th day of AUgUSt 2014 . •• • a. A,xn 0�_s 'y:2 _ ter+;'�i ' ' Gi✓�i/I/al/7�, gyp_ ,V •2: -U C • •'- . a 1933 3• Secretary POA 0014 (7/14) 'Z, ;4f ...it..•;:�t���,r • s �Y •• MERCHANT�� BONDING COMPANY,. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC. 2100 FLEUR DRIVE , DES MOINES, IOWA 50321-1158 (800)678-8171 (515)243-3854 FAX IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company(Mutual) toll-free telephone number for information or to make a complaint at: 1-800-678-8171 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 at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent 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. SUP 0032 TX(12/13) CG 72 08 09 13 TEXAS - EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT COMMERCIAL GENERAL LIABILITY EXTENSION ENDORSEMENT SUMMARY OF COVERAGES This is a summary of the various additional coverages and coverage modifications provided by this endorsement. No coverage is provided by this summary. * Coverage for non-owned watercraft is extended to 51 feet in length * Voluntary Property Damage Coverage $5,000 Occurrence with a $10,000 Aggregate * Care, Custody and Control Property Damage Coverage $25,000 Occurrence with a $100,000 Aggregate - $500 Deductible * Product Recall Expense $25,000 Each Recall Limit with a $50,000 Aggregate - $1,000 Deductible * Water Damage Legal Liability - $25,000 * Increase in Supplementary Payments: Bail Bonds to $1,000 and Loss of Earnings to $500 * For newly formed or acquired organizations - extend the reporting requirement to 180 days * Automatic Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction Agreement With You * Automatic Additional Insured -Vendors * Automatic Additional Insured - Lessor of Leased Equipment Automatic Status When Required in Lease Agreement With You * Automatic Additional Insured - Managers or Lessor of Premises * Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured * Additional Insured — State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations * Additional Insured — Consolidated Insurance Program (Wrap -Up) Off-Premises Operations Only; Owners, Lessees or Contractors —Automatic Status When Required in Construction Agreement With You * Additional Insured - Employee Injury to Another Employee * Primary and Non-Contributory Additional Insured — Limited Parties * Contractors Blanket Additional Insured — Limited Products —Completed Operations Coverage * Expanded Fire Legal Liability to include Explosion, Lightning and Sprinkler Leakage * Automatically included -Aggregate Limits of Insurance (per location) * Automatically included -Aggregate Limits of Insurance (per project) * Knowledge of occurrence - Knowledge of an "occurrence", "claim or suit' by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. * Unintentional failure to disclose all hazards. If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. * Liberalization Condition * Mobile equipment to include snow removal, road maintenance and street cleaning equipment less than 1,000 Ibs GVW * Blanket Waiver of Subrogation * Property Damage - Borrowed Equipment * Property Damage Liability - Elevators * Bodily Injury Redefined * Extended Property Damage * Damage to Media Legal Liability -$50,000 * Designated Operations Covered by a Consolidated (Wrap -Up) Insurance Program — Limited Coverage * "Insured Contract' redefined for Limited Railroad Contractual Liability CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 17 Tpexvzmutuar WORKERS'COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY InsuranceCompaanyy WC 42 03 04 A TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the Insurance provided by the policy because Texas is shown in Item 3.A, of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from tls. 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. Premiurn The premium charge for this endorsement shall be 2.oo percent of the premium developed on payroll in _ connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4.Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement charges the policy to which it is attached effective on the Inception date of the policy unless a different date is indicated below, (The following"attaching clause"need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001193B70 of the Texas Mutual Insurance Company Issued to W I L L I AM J SCHULTZ INC Endorsement No. DBA: CIRCLE C CONSTRUCTION COMPANY Premium$ Authorized Representative WC420304A(ED.1.01-2000) INSURED'S COPY OUSER CG 72 08 09 13 REFER TO THE ACTUAL ENDORSEMENT FOLLOWING ON PAGES 2 THROUGH 17 FOR CHANGES AFFECTING YOUR INSURANCE PROTECTION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED ULTRA LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SECTION I -COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY The Following changes are made to 2. Exclusions: Extended Property Damage Exclusion 2.a.: Expected or Intended Injury is replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Extended Watercraft Coverage Exclusion g.(2) is deleted and replaced by the following: g.(2) A watercraft you do not own that is: (a) Less than 51 feet long; (b) Not being used to carry persons or property for a charge; Property Damage Liability - Borrowed Equipment The following is added to Exclusion j.: Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and while not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per occurrence. The insurance afforded under this provision is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. Property Damage Liability - Elevators The following is added to Exclusion j .: Under Paragraph 2. Exclusions of Coverage A. "Bodily Injury" and "Property Damage" Liability Paragraphs 3, 4 & 6 of this exclusion do not apply to "property damage" resulting from the use of elevators. However, any insurance provided for such "property damage" is excess over any valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 17 CG 72 08 09 13 The last paragraph of Item 2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, explosion, lightning, smoke resulting from such fire, explosion, or lightning or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of this owner. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. THE FOLLOWING COVERAGES ARE ADDED: Voluntary Property Damage Coverage The insurance provided under Coverage A (Section 1) is amended to include "property damage" to property of others caused by the insured: a. While in your possession; or b. Arising out of"your work". Coverage applies at the request of the insured, whether or not the insured is legally obligated to pay. For the purposes of this Voluntary Property Damage Coverage only: 1. Exclusion j. Damage to Property under Coverage A (Section 1) is deleted and replaced by the following: j. Damage to Property "Property damage" to: (1) Property held by the insured for servicing, repair, storage or sale at premises you own, rent, lease, operate or use; (2) Property transported by or damage caused by any "automobile", "watercraft' or "aircraft" you own, hire or lease; (3) Property you own, rent, lease, borrow or use. Care, Custody and Control Property Damage Coverage For the purpose of this Care, Custody and Control Property Damage Coverage only: 1. Item (4) of Exclusion j. of Coverage A(Section 1) does not apply. COVERAGE M. DAMAGE TO MEDIA LEGAL LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of damage to "electronic data" 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 "electronic data" 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: CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 17 CG 72 08 09 13 (1) The amount we will pay for damages is limited to $50,000. (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under this coverage or any other applicable coverage or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to damages to "electronic data" only if: (1) The damage to "electronic data" is caused by an "occurrence" that takes place in the "coverage territory"; (2) The damage to "electronic data" occurs during the policy period; and (3) Prior to the policy period, no insured listed under Paragraph 1. of Section II - Who Is An Insured and no "employee" authorized by you to give or receive notice of an 'occurrence" or claim, knew that the damage to "electronic data" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the damage to "electronic data" occurred, then any continuation, change or resumption of such damage to "electronic data" during or after the policy period will deemed to have been known prior to the policy period. c. Damage to "electronic data" which occurs during the policy period and was not, prior to the policy period, known to have occurred by any insured listed under Paragraph 1. of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption of that damage to "electronic data" after the end of the policy period. d. Damage to "electronic data" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1 of Section II - Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all or any part, of the damage to "electronic data" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the damage to "electronic data"; or (3) Becomes aware by any other means that damage to "electronic data" has occurred or has begun to occur. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury Damage to "electronic data" expected or intended from the standpoint of the insured. b. Contractual Liability Damage to "electronic data" 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 that the insured would have in the absence of the contract of agreement. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 17 CG 72 08 09 13 c. Pollution Damage to "electronic data" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of"pollutants". d. Aircraft, Auto, Watercraft or Mobile Equipment Damage to "electronic data" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition or stunting activity. e. War Damage to "electronic data" however caused, arising directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, evolution, usurped power or action taken by governmental authority in hindering or defending against any of these. f. Damage To Property Damage to "electronic data" that is: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Property loaned to you; (3) Personal property in the care, custody or control of the insured; (4) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (5) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. g. Damage To Your Product Damage to "electronic data" in "your product' or arising out of it or any part of it. h. Damage To Your Work Damage to "electronic data" in "your work" arising out of it or any part of it and included in the "products- completed operations hazard". CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 17 CG 72 08 09 13 i. Damage To Impaired Property Or Property Not Physically Injured Damage to "electronic data" in "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or"your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. j. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product; (2) "Your work"; or (3) "Impaired property"; if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. k. Personal And Advertising Injury Damage to "electronic data" arising out of"personal and advertising injury". COVERAGE R. PRODUCT RECALL EXPENSE 1. Insuring Agreement a. We will pay 90% of "product recall expense" you incur as a result of a "product recall' you initiate during the coverage period. b. We will only pay for "product recall expense" arising out of 'your products" which have been physically relinquished to others. The most we will pay is $25,000 for Each Recall Limit subject to a $50,000 Aggregate. a. The Aggregate Limit shown above is the most we will pay for the sum of all "product recall expense" you incur as a result of all "product recalls" you initiate during the endorsement period. b. The Each Product Recall Limit shown above is the most we will pay, subject to the Aggregate and $1,000 deductible, for "product recall expense" you incur for any one "product recall' you initiate during the endorsement period. 2. Exclusions This insurance does not apply to "product recall expense" arising out of: a. Any fact, circumstance or situation which existed at the inception date of the policy and which you were aware of, or could reasonably have foreseen that would have resulted in a "product recall'. b. Deterioration, decomposition or transformation of a chemical nature, except if caused by an error in the manufacture, design, processing, storage, or transportation of'your product'. c. The withdrawal of similar products or batches that are not defective, when a defect in another product or batch has been found. d. Act, errors or omissions of any of your employees, done with prior knowlege of any of your officers or directors. e. Inherent vice, meaning a natural condition of property that causes it to deteriorate or become damaged. f. 'Bodily injury" or"property damage".. g. Failure of 'your product' to accomplish its intended purpose, including any breach of warranty of fitness, quality, efficacy or efficiency, whether written or implied. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 17 CG 72 08 09 13 h. Loss of reputation, customer faith of approval, or any costs incurred to regain customer market, or any other consquential damages. i. Legal fees or expenses. j. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use of "your product". k. "Product recall expsense" arising from the "product recall' of any of"your products" for which coverage is excluded by endorsement. I. "Product recall expsense" arising from the "product recall' of any of "your products" on or after the designated shelf life has expired. 3. Loss Payment With respect to Coverage R, the following conditions apply: a. Claims Handling (1) Within 15 days after we receive written notice of claim, we will: (a) Acknowlege receipt of the claim. If we do not acknowledge receipt of the claim in writing, we will keep a record of the date, method and content of the acknowledgment; (b) Begin any investigation of the claim; and (c) Request a signed, sworn proof of loss, specify the information you must provide and supply you with the necessary forms. We may request more information at a later date, if during the investigation of the claim such additional information is necessary. (2) We will notify you in writing as to whether: (a) The claim or part of the claim will be paid; (b) The claim or part of the claim has been denied, and inform you of the reasons for denial; (c) More information is necessary; or (d) We need additional time to reach a decision. If we need additional time, we will inform you of the reasons for such need. We will provide notification, as described in (2)(a) through (2)(d) above, within: (1) 15 business days after we receive the signed, sworn proof of loss and all information we requested; or (ii) 30 days after we receive the signed, sworn proof of loss and all information we requested, if we have reason to believe the loss resulted from arson. If we have notified you that we need additional time to reach a decision, we must then either approve or deny the claim within 45 days of such notice. b. We will pay for covered loss or damage within 5 business days after: (1) We have notified you that payment of the claim or part of the claim will be made and have reached agreement with you on the amount of loss; or (2) An appraisal award has been made. However, if payment of the claim or part of the claim is conditioned on your compliance with any of the terms of this policy, we will make payment within 5 business days after the date you have complied with such terms. c. Catastrophic Claims If a claim results from a weather related catastrophe or a major natural disaster, the claim handling and claim payment deadlines described in a. and b. above are extended for an additional 15 days. Catastrophe or Major Natural Disaster means a weather related event which is: (1) Declared a disaster under the Texas Disaster Act of 1975; or (2) Determined to be a catstrophe by the State Board of Insurance. d. The term "business day", as used in this endorsement, means a day other than Saturday, Sunday or a holiday recognized by the state of Texas. e. We will issue loss payment to the first Named Insured shown in the Declarations and any mortgagee or loss payee as designated. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 17 CG 72 08 09 13 COVERAGE W -WATER DAMAGE LEGAL LIABILITY The Insurance provided under Coverage W (Section 1) applies to "property damage" arising out of water damage to premises that are both rented to and occupied by you. The Limit under this coverage shall not be in addition to the Damage To Premises Rented To You Limit. COVERAGE X — DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM The following exclusion is added to Paragraph 2. Exclusions of Section I — Coverage A— Bodily Injury And Property Damage Liability: This insurance does not apply to "bodily injury" or "property damage" arising out either your ongoing operations or operations included within the "products-completed operations hazard" for any "consolidated (Wrap-up) insurance program" which has been provided by the prime contractor / project manager or owner of the construction project in which you are involved. This exclusion applies whether or not a consolidated (Wrap-up) insurance program: a. Provides coverage idenitcal to that provided by this Coverage Part; or b. Has limits adequate to cover all claims This exclusion does not apply if a "consolidated (Wrap-up) insurance program" covering your operations has been cancelled, non-renewed or otherwise no longer applies for reasons other than exhaustion of all available limits, whether such limits are available on a primary, excess or on any other basis. You must advise us of such cancellation, nonrenewal or termination as soon as practicable. For purposes of this exclusion a "consolidated insurance program" is a program providing insurance coverage to all parties for exposures involved with a particular (typically major) construction project. SECTION I - SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is amended to read SUPPLEMENTARY PAYMENTS; and Items 1.b. and 1.d are amended as follows: b. Up to-$1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit', including actual loss of earnings up to $500 a day because of time off from work. SECTION II - BROAD FORM NAMED INSURED 1. Section II —Who Is An Insured is amended to include as an insured any legally incorporated entity of which you own more than 50 percent of the voting stock during the policy period. 2. For the purpose of the coverage provided by this provision only, the following is added to Condition 4.b. Excess Insurance, under Section IV - Commercial General Liability Conditions: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis, that is available to an insured solely by reason of ownership by you of more than 50 percent of the voting stock. 3. This provision does not apply to a policy written to apply specifically in excess of this policy. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 17 CG 72 08 09 13 Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. The following are added: 5. Additional Insured - Owners, Lessees or Contractors - Automatic Status When Required in Construction or Service Agreement With You a. Any person or organization for whom you are performing operations when you have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of "your work" at the location designated and described in the written contract or written agreement performed for that person or organization for your ongoing operations and liability included in the "products-completed operations hazard". A person's or organization's status as an insured for your ongoing operations under this endorsement ends when your operations for that insured are completed. b. When coverage provided under this endorsement applies to "bodily injury" or "property damage" arising out of the "products-completed operations hazard": (1). Such coverage will not apply subsequent to the first to occur of the following: (i) The expiration of the period of time required by the written contract or written agreement; (ii) Five years from the completion of "your work" on the project that is the subject of the written contract or written agreement. (iii) The expiration of any applicable statute of limitations or statute or repose with respect to claims arising out of"your work" (2). Such coverage will not exceed the limits of liability required by the written contract or written agreement even if the limits of liability stated in the policy exceed those limits. This endorsement shall not increase the limits stated in Section III —LIMITS OF INSURANCE. c. With respect to the insurance afforded these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. 6. Additional Insured -Vendors Any person or organization (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products", which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 17 CG 72 08 09 13 a. The insurance afforded the vendor does not apply to: (1) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (2) Any express warranty unauthorized by you; (3) Any physical or chemical change in the product made intentionally by the vendor; (4) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (5) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (6) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (7) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part of container, entering into, accompanying or containing such products. 7. Additional Insured - Lessor of Leased Equipment - Automatic Status When Required in Lease Agreement With You a. Any person or organization from whom you lease equipment when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an insured, but only with respect to your liability arising out of the maintenance, operation or use of such leased equipment which may be imputed to that person or organization as the lessor of equipment. A person's or organization's status as an insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. b. With respect to the insurance afforded these additional insureds, the following additional exclusion apply: (1) To any "occurrence" which takes place; (2) To "bodily injury" or"property damage" arising out of the sole negligence of such person or organization. 8. Additional Insured - Managers or Lessors of Premises Any person or organization, but only with respect to the liability arising out of the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to any: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations perfomed by or on behalf of any person or organization. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 17 CG 72 08 09 13 9. Additional Insured - Engineers, Architects or Surveyors Not Engaged by the Named Insured Coverage is provided only when the insured is contractually required to add the engineer, architect or surveyor. Coverage is provided with respect to your liability for "bodily injury" or "property damage" or"personal and advertising injury" directly arising out of: a. Your acts or omissions; or b. Your acts or omissions of those acting on your behalf; In the performance of your ongoing operations for that additional insured(s). 10. Additional Insured — State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations Any state or governmental agency or subdivision or political subdivision when you have agreed in writing in a contract or agreement that such entities be added as an additional insured on your policy subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or"property damage" included within the "projects-completed operations hazard". 11. Additional Insured Consolidated Insurance Program (Wrap-Up) Off-Premises Operations Only: Owners, Lessees or Contractors a. Any persons or organizations for whom you are performing operations, for which you have elected to seek coverage under a Consolidated Insurance Program, when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to your liability which may be imputed to that person or organization directly arising out of your ongoing operations performed for that person or organization at a premises other than any project or location that is designated as covered under a'Consolidated Insurance Program. A person's or organization's status as an insured under this endorsement ends when your operations for that insured are completed. b. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies. This insurance does not apply to: "Bodily injury", "property damage", or"personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 11 of 17 CG 72 08 09 13 12. Additional Insured - Employee Injury to Another Employee With respect to your "employees" who occupy positions which are supervisory in nature: Paragraph 2.a.(1) of this section is amended to read: (1) "Bodily injury" or"personal and advertising injury" a. To you, to your partners or members (if you are a partnership or joint venture), or to your members (if you are a limited liability company); b. For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraph (1)(a) above; or c. Arising out of his or her providing or failing to provide professional health care services. Paragraph 3.a. is deleted. For the purpose of this Item 12 only, a position is deemed to be supervisory in nature if that person performs principal work which is substantially different from that of his or her subordinates and has authority to hire, direct, discipline or discharge. 13. Applicability of Additional Insured Coverage A. Commercial General Liability Conditions (Section IV), Paragraph 4. (Other Insurance) is deleted and replaced by the following: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary and non-contributory for those parties listed below: (1) Owners, Lessess or Contractors when required in written construction agreement with you. (2) Manager or Lessors of Premises when required in written lease agreement with you. (3) Engineers, Architects or Surveyors not engaged by the named insured when required in written construction agreement with you. (4) State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations For all other insureds 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 insurance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance", whether primary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work"; (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 17 CG 72 08 09 13 (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; or (4) If the loss arises out of the maintenance or use of aircraft, "autos", or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury and Property Damage Liability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. (6) That is provided to any person or organization who qualifies as an additional insured herein, except when you and that person or organization have agreed in writing that this insurance shall be primary. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other insurance" has a duty to defend the insured against that "suit". If no provider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of"other insurance". When this insurance is excess over "other insurance", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured amounts under that "other insurance". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insurance provision. c. Method of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all providers-of insurance. B. Asa condition of coverage under this endorsement, each additional insured must: a. Give us prompt written notice of any "occurrence" which may result in a claim and prompt written notice of "suit". b. Immediately forward all legal papers to us, cooperate in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with policy conditions. c. Tender the defense and indemnity of any claim or"suit" to any other insurer which also insures against a loss we cover under this endorsement. This includes, but is not limited to, any insurer which has issued a policy of insurance in which the additional insured qualifies as an insured. For the purpose of this requirement, the term "insures against" refers to any self-insurance and to any insurer which issued a policy of insurance that may provide coverage for the loss, regardless of whether the additional insured has actually requested that the insurer provide the additional insured with a defense and/or indemnity under that policy of insurance. d. Agree to make available any other insurance that the additional insured has for a loss we cover under this endorsement. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 17 CG 72 08 09 13 C. For the purposes of this insurance coverage provided by this Item 13 only, the following definition is added to DEFINITIONS (Section V): "Other Insurance": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: (1) Another insurance company; (2) Us or any of our affiliated insurance companies, except when the Non-cumulation of Each Occurrence Limit section of Paragraph 5 LIMITS OF INSURANCE (Section III) or the Non- cumulation of Personal and Advertising Injury limits sections of Paragraph 4 of LIMITS OF INSURANCE (Section III) applies; (3) Any risk retention group; (4) Any self-insurance method or program, other than any funded by you and over which the Coverage Part applies; or (5) Any similar risk transfer or risk management method. b. Does not include umbrella insurance, or excess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. SECTION III - LIMITS OF INSURANCE Items 2, 3, and 6 are deleted and replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard", c. Damages under Coverage B; and d. Damages under Coverage W. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard". 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, explosion, lightning, smoke resulting from each fire, explosion, or lightning or sprinkler leakage while rented to you or temporarily occupied by you with permission of the owner. The following are added: 8. Subject to 5. above, $25,000 is the most we will pay for Under Coverage W for Water Damage Legal Liability. 9. Aggregate Limits of Insurance (Per Location) The General Aggregate Limit applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Aggregate Limits of Insurance (Per Project) The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 14 of 17 CG 72 08 09 13 11. Subject to 5. above, a $5,000 'occurrence" limit and a $10,000 "aggregate" limit is the most we will pay under Coverage A for damages because of"property damage" covered under Voluntary Property Damage Coverage. 12. Subject to 5. above, a $25,000 'occurrence" limit and a $100,000 "aggregate" limit is the most we will pay under Care, Custody and Control Coverage regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". Deductible - Our obligation to pay damages on your behalf applies only to the amount of damages in excess of $500. This deductible applies to all damages because of "property damage" as the result of any one 'occurrence" regardless of the number of persons or organizations who sustain damages because of that 'occurrence". We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. As respects this coverage "Aggregate" is the maximum amount we will pay for all covered 'occurrences" during one policy period. SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS Condition 2., Items a. and b. are deleted and replaced by the following: 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 an offense which may result in a claim. Knowledge of an 'occurrence" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. To the extent possible, notice should include: (1) How, when and where the 'occurrence" took place; (2) The names and addresses of any injured persons and witnesses, and T (3) The nature and location of any injury or damage arising out of the 'occurrence" or offense. b. If a claim is made or "suit' is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we recieve written notice of the claim or "suit' as soon as practicable. Knowledge of a claim or "suit' by your agent, servant or employee shall not in itself constiture knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 15 of 17 CG 72 08 09 13 Condition 2.c.(5) is added: (5) Upon our request, replace or repair the property covered under Voluntary Property Damage Coverage at your actual cost, excluding profit or overhead. Conditions 10., 11. and 12. are added: 10. Blanket Waiver Of Subrogation We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you, ongoing operations performed by you or on your behalf, done under a contract with that person or organization, "your work", or "your products". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or"property damage" occurs or the "personal injury" or"advertising injury" offense is committed. 11. If a revision to this Coverage Part, which would provide more coverage with no additional premium becomes effective during the policy period in the state designated for the first Named Insured shown in the Declarations, your policy will automatically provide this additional coverage on the effective date of the revision. 12. Based on our reliance on your representations as to existing hazards, if you unintentionally should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. The following conditions are added in regard to Coverage R - Product Recall Expense In event of a "product recall', you must 1. See to it that we are notified as soon as practicable of a "product recall". To the extent possible, notice should include how, when and where the "product recall' took place and estimated "product recall expense". 2. Take all reasonable steps to minimize "product recall expense". This will not increase the limits of insurance. 3. If requested, permit us to question you under oath at such times as may be reasonably required about any matter relating to this insurance or your claim, including your books and records. Your answers must be signed. 4. Permit us to inspect and obtain other information proving the loss. You must send us a signed, sworn statement of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. 5. Cooperate with us in the investigation or settlement of any claim. 6. Assist us upon our request, in the enforcement of any rights against any person or organization which may be liable to you because of loss to which this insurance applies. The following conditions are applicable only to coverage afforded by reason of the redefining of an "insured contract": 1. Railroad Protective Liability coverage provided by ISO form CG 0035 with minimum limits of $2,000,000 per occurrence and a $6,000,000 general aggregate limit must be in place for the entire duration of any project. 2. Any amendment to the Other Insurance condition of form CG 0035 alters the primacy of the coverage or which impairs our right to contribution will void any coverage afforded by the redefined "insured contract" language. 3. For the purposes of the Other Insurance condition of form CG 0035 you, the named insured, will be deemed to be the designated contractor. SECTION V - DEFINITIONS The following is added to Item 12 Mobile Equipment e. Vehicles with equipment for snow removal, road maintenance and street cleaning less than 1,000 Ibs GVW. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 16 of 17 CG 72 08 09 13 The following definitions are added for this endorsement only: 3. Bodily Injury Redefined Under V-Definitions, definition 3. is deleted and replaced with the following: 3. "bodily injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. 9. "Insured Contract" Redefined Under V-Definitions, 9.c. is deleted and replaced with the following: c. Any easement of license agreement; AND f(1), is deleted 23. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tape drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 24. "Product recall" means a withdrawal or removal from the market of "your product' based on the determination by you or any regulatory or governmental agency that: (1) The use or consumption of "your product' has caused or will cause actual or alleged "bodily injury" or "property damage'; and (2) Such determination requires you to recover possession or control of "your product' from any distributor, purchaser or user, to repair or replace "your product', but only if "your product' is unfit for use or consumption, or is hazardous as a result of: (a) An error or omission by an insured in the design, manufacturing, processing, labeling, storage, or transportation of "your product'; or (b) Actual or alleged intentional, malicious or wrongful alteration or contamination of "your product' by someone other than you. 25. "Product recall expense" means reasonable and necessary expenses for: (1) Telephone, radio and television communication and printed advertisements, including stationery, envelopes and postage. _ (2) Transporting recalled products from any purchaser, distributor or user, to locations designated by you. (3) Remuneration paid to your employees for overtime, as well as remuneration paid to additional employees or independent contractors you hire. (4) Transportation and accommodation expense incurred by your employees. (5) Rental expense incurred for temporary locations used to store recalled products. (6) Expense incurred to properly dispose of recalled products, including packaging that cannot be reused. (7) Transportation expenses incurred to replace recalled products. (8) Repairing, redistributing or replacing covered recalled products with like products or substitutes, not to exceed your original cost of manufacturing, processing, acquisition and/or distribution. These expenses must be incurred as a result of a "product recall'. CG 72 08 09 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 17 of 17 POLICY NUMBER: B5316434 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDI"I'IONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organ izati on s : Location And Description Of Completed Operations ANY PERSON OR ORGANIZATION TO WHOM LOCATIONS DESIGNATED AND YOU HAVE AGREED TO NAME AS ADDIT- DESCRIBED IN THE ABOVE IONAL INSURED BY WRITTEN CONTRACT MENTIONED WRITTEN CONTRACT OR AGREEMENT IF THE CONTRACT OR OR AGREEMENT AGREEMENT IS EXECUTED PRIOR TO LOSS Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II —Who Is An Insured is amended to include PREMIUM 1 , 500 as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for"bodily injury" or"property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 *45016620* ! + !I I I III I) IIIIIIIIIIII) IIIIII IIIII IIIII IIIII IIIII�� III i CA 71 09 01 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO ULTRA ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM COVERAGE INDEX Descriptio n Page TEMPORARY SUBSTITUTE AUTO PHYSICAL DAMAGE 1 BROAD FORM INSURED 1 EMPLOYEES AS INSUREDS 2 ADDITIONAL INSURED STATUS BY CONTRACT, AGREEMENT OR PERMIT 2 AMENDED FELLOW EMPLOYEE EXCLUSION 2 TOWING AND LABOR 2 PHYSICAL DAMAGE ADDITIONAL TRANSPORTATION EXPENSE COVERAGE 3 EXTRA EXPENSE -THEFT 3 RENTAL REIMBURSEMENT AND ADDITIONAL TRANSPORTATION EXPENSE 3 PERSONAL EFFECTS COVERAGE 4 AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE 4 AIRBAG ACCIDENTAL DISCHARGE 4 AUTO LOAN/LEASE TOTAL LOSS PROTECTION ENDORSEMENT 4 GLASS REPAIR — DEDUCTIBLE AMENDMENT 5 AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS 5 WAIVER OF SUBROGATION REQUIRED BY CONTRACT 5 UNINTENTIONAL FAILURE TO DISCLOSE 5 HIRED, LEASED, RENTED OR BORROWED AUTO PHYSICAL DAMAGE 5 EXTENDED CANCELLATION CONDITION 6 The COVERAGE INDEX set forth above is informational only and grants no coverage. Terms set forth in (Bold Italics) are likewise for information only and by themselves shall be deemed to grant no coverage. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL B. BROADENED LIABILITY COVERAGES DAMAGE SECTION II — LIABILITY COVERAGE in Paragraph A. SECTION I —COVERED AUTOS, paragraph C. Certain Coverage at 1. Who Is An Insured is amended to Trailers, Mobile Equipment and Temporary include the following: Substitute Autos is amended by adding the following at the end of the existing language: (Broad Form Insured) If Physical Damage Coverage is provided under this d. Any legally incorporated subsidiary in which you Coverage form for an "auto' you own, the Physical own more than 50% of the voting stock on the Damage coverages provided for that owned "auto' are effective date of the Coverage Form. However, the extended to any "auto' you do not own while used with Named Insured does not include any subsidiary that the permission of its owner as a temporary substitute for is an "insured" under any other automobile policy or the covered "auto' you own that is out of service would be an "insured" under such a policy but because of its breakdown, repair, servicing, "loss", or for its termination or the exhaustion of its Limit destruction. of Insurance. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 6 CA 71 09 01 06 e. Any organization that is acquired or formed by you, C. AMENDED FELLOW EMPLOYEE EXCLUSION during the term of this policy and over which you maintain majority ownership. However, the Named Only with respect to your "employees" who occupy Insured does not include any newly formed or positions which are supervisory in nature, SECTION II. acquired organization: LIABILITY B. Exclusion 5. Fellow Employee is (1) That is a joint venture or partnership, replaced by: 5. Fellow Employee (2) That is an "insured" under any other policy, "Bodily Injury": (3) That has exhausted its Limit of Insurance under any other policy, or (a) To you, or your partners or members (if you are a partnership or joint venture), or to your (4) 180 days or more after its acquisition or members (if you are a limited liability formation by you, unless you have given us company); notice of the acquisition or formation. " or (b) To your "executive officers" and directors (if Coverage does not apply to "bodily injury you are "property damage" that results from an accident that occurred before you formed or acquired the partnership,, organization other than a joint venture, or limited liability company) but only with respect to organization. performance of their duties as your officers or directors; (Employee as Insureds) (c) For which there is an obligation to share f. Any employee of yours while acting in the course of damages with or repay someone else who your business or your personal affairs while using a must pay damages because of the injury covered "auto" you do not own, hire or borrow. described in paragraph a and b above; or (Additional Insured Status by Contract, Agreement (d) Arising out of his or her providing or failing or Permit) to provide professional health care services. g. Any person or organization whom you are required For purposes of this endorsement, a position is deemed to add as an additional insured on this policy under to be supervisory in nature if that person performs a written contract or agreement; but the written principle work which is substantially different from that contract or agreement must be: of his or her subordinates and has authority to hire, (1) Currently in effect or becoming effective during transfer, direct, discipline or discharge. the term of this policy; and D. BROADENED PHYSICAL DAMAGE COVERAGES (2) Executed prior to the "bodily injury" or "property damage". SECTION III — PHYSICAL DAMAGE COVERAGE Coverage is amended as follows: The additional insured status will apply only with respect to your liability for "bodily injury" or "property damage" (TOWING AND LABOR) which may be imputed to that person(s) or 2. Towing and Labor organization(s) directly arising out of the ownership, maintenance or use of the covered "autos" at the We will pay towing and labor costs incurred, up to the location(s) designated, if any. limits shown below, each time a covered "auto" Coverage provided by this endorsement will not exceed classified and rated as a private passenger type, "light the limits of liability required by the written contract or truck" or"medium truck" is disabled: written agreement even if the limits of liability stated in (a) For private passenger type vehicles or "light the policy exceed those limits. This endorsement shall trucks" we will pay up to $75 per not increase the limits stated in Section II. C. Limits of disablement. "Light trucks" have a gross Insurance. vehicle weight (GVW) of 10,000 pounds or For any covered "auto" you own this Coverage Form less. provides primary coverage. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 6 CA 71 09 01 06 (b) For "medium trucks" we will pay up to $150 (2) We will pay only for expenses incurred per disablement. "Medium trucks" have a during the policy period and beginning 24 gross vehicle weight (GVW) of 10,001 lbs. hours after the "loss" and ending, regardless to 20,000 pounds. of the policy's expiration, with the lesser of the following number of days: However, the labor must be performed at the place of (a) The number of days reasonably disablement. required to repair or replace the covered (PHYSICAL DAMAGE ADDITIONAL "auto." If "loss" is caused by theft, this TRANSPORTATION EXPENSE COVERAGE) number of days is added to the number of days it takes to locate the covered 4. Coverage Extensions "auto" and return it to you, or a. Transportation Expense is amended to (b) 30 days. provide the following limits: (3) Our payment is limited to the lesser of the following amounts: We will pay up to $50 per day to a maximum of $1,000. All other terms and provisions of this (a) Necessary and actual expenses section remain applicable. incurred; or (EXTRA EXPENSE- THEFT) (b) $35 per day. The following language is added to 4. Coverage (c) This coverage does not apply while Extensions: there are spare or reserve "autos" available to you for your operations. c. Theft Recovery Expense (d) If "loss" results from the total theft of a If you have purchased Comprehensive covered "auto" of the private passenger Coverage on an "auto" that is stolen, we will pay or light truck type, we will pay under this the expense of returning that stolen auto to you. coverage only that amount of your The limit for this coverage extension is $5,000. rental reimbursement expense which is not already provided for under the (RENTAL REIMBURSEMENT AND ADDITIONAL SECTION III — PHYSICAL DAMAGE TRANSPORTATION EXPENSE) COVERAGE, A. Coverage, 4. d. Rental Reimbursement _ Coverage Extensions, a. Transportation Expenses. We will provide Rental Reimbursement and (PERSONAL EFFECTS COVERAGE) Additional Expense coverage only for those Physical Damage coverages for which a e. Personal Effects premium is shown in the Declarations or If you have purchased Comprehensive schedule pages. Coverage applies only to a Coverage on this policy for an "auto" you own covered "auto" of the private passenger or light and that "auto" is stolen, we will pay, without truck (10,000 lbs. or less gross vehicle weight) application of a deductible, up to $500 for type for which Physical Damage coverages Personal Effects stolen with the "auto". The apply. insurance provided under this provision is (1) We will pay for auto rental expense and the excess over any other collectible insurance. For expense incurred by you because of "loss" this coverage extension, Personal Effects to remove and transfer your materials and means tangible property that is worn or carried equipment from a covered "auto" to a by an "insured". Personal Effects does not covered "auto." Payment applies in addition include tools, jewelry, guns, musical to the otherwise applicable coverage you instruments, money, or securities. have on a covered "auto." No deductible applies to this coverage. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 6 CA 71 09 01 06 (AUDIO, VISUAL AND DATA ELECTRONIC (4) With respect to this coverage, the most we EQUIPMENT COVERAGE) will pay for all "loss" of audio, visual or data electronic equipment and any accessories (Deletion of Audio Visual Equipment Exclusion) used with this equipment as a result of any one "accident" is the lesser of: f. Audio, Visual and Data Electronic Equipment Coverage. (a) The actual cash value of the damaged or stolen property as of the time of the We will pay for "loss" to any electronic "loss"; equipment that receives or transmits audio, (b) The cost of repairing or replacing the visual or data signals and that is not designed damaged or stolen property with other solely for the reproduction of sound. This property of like kind and quality; or coverage applies only if the equipment is $1,000; permanently installed in a covered "auto" at the time of the "loss" or the equipment is removable minus a deductible of$100. from a housing unit which is permanently An adjustment for depreciation and physical installed in a covered "auto" at the time of the condition will be made in determining actual "loss", and such equipment is designed to be cash value at the time of loss. If a repair or solely operated by use of the power from the replacement results in better than like kind 11auto's" electrical system, in or upon the or quality, we will not pay for the amount of covered "auto." the betterment. (1) We will pay with respect to a covered "auto" If there is other coverage provided for audio, for "loss" to any accessories used with the visual and data electronic equipment, the electronic equipment described above. coverage provided herein is excess over any However, this does not include tapes, other collectible insurance. records or discs. (2) In addition to the exclusions that apply to (AIRBAG ACCIDENTAL DISCHARGE) Physical Damage Coverage with exception D. SECTION III — PHYSICAL DAMAGE COVERAGE, of the exclusion relating to audio, visual and B. Exclusions is amended as follows: data electronic equipment, the following exclusions also apply: The following language is added to Exclusion 3.: (3) We will not pay for any electronic If you have purchased Comprehensive or Collision equipment or accessories used with-such Coverage under this policy, this exclusion does not electronic equipment that are: apply to mechanical breakdown relating to the (a) Necessary for the normal operation of accidental discharge of an air bag. This coverage the covered "auto" for the monitoring of applies only to a covered auto you own and is the covered "auto's" operating system; excess of any other collectible insurance or warranty. No deductible applies to this coverage. or (b) Both: E. AUTO LOAN/LEASE TOTAL LOSS PROTECTION An integral part of the same unit SECTION III — PHYSICAL DAMAGE COVERAGE — C. housing any sound reproducing Limit of Insurance is amended by adding the following equipment designed solely for the language: reproducing of sound if the sound reproducing equipment is permanently 4. In the event of a total "loss" to a covered "auto" installed in the covered "auto"; and shown in the Schedule pages, subject at the time of Permanently installed in the opening of the "loss" to a loan or lease, we will pay any unpaid the dash or console normally used by amount due on the lease or loan for a covered "auto" less: the manufacturer for the installation of a radio. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 6 CA 71 09 01 06 a. The amount paid under the Physical Damage (4) Your members, managers or insurance Coverage Section of the policy; and manager, if you are a limited liability b. Any: company; or (5) Your officials, trustees, board members or (1) Overdue lease / loan payments at the time insurance manager, if you are a of the "loss"; not-for-profit organization. (2) Financial penalties imposed under a lease G. WAIVER OF SUBROGATION REQUIRED BY for excessive use, abnormal wear and tear CONTRACT or high mileage; (3) Security deposits not returned by the lessor; Under SECTION IV, BUSINESS AUTO CONDITIONS, A. Loss Conditions 5. Transfer (4) Costs for extended warranties, Credit Life of Rights of Recovery Against Others to Us Insurance, Health, Accident or Disability the following language is added: Insurance purchased with the loan or lease; However, we waive any rights of recovery we may and have against the person or organization with whom (5) Carry-over balances from previous loans or you have agreed in writing in a contract, agreement leases. or permit, to provide insurance such as is afforded under the policy to which this endorsement is attached. This provision does not apply unless the (GLASS REPAIR — DEDUCTIBLE AMENDMENT) written contract or written agreement has been Under D., Deductible is amended by adding the executed, or permit has been issued, prior to the following: "bodily injury" or"property damage." Any deductible shown in the Declarations as H. UNINTENTIONAL FAILURE TO DISCLOSE applicable to the covered "auto" will not apply to glass breakage if the damaged glass is repaired, Under SECTION IV — BUSINESS AUTO rather than replaced. CONDITIONS, Subsection B. General Conditions , F. AMENDED DUTIES IN THE EVENT OF the following is added to 2. Concealment, ACCIDENT, CLAIM, SUIT OR LOSS Misrepresentation Or Fraud: Your unintentional error in disclosing, or failing to Under SECTION IV — BUSINESS AUTO CONDITIONS, disclose, any material fact existing at the effective Subsection A., .Loss Conditions , the following is date of this Coverage Form, or during the policy added to paragraph 2. Duties In The Event of period in connection with any additional hazards, will Accident, Suit or Loss: not prejudice your rights under this Coverage Form. 1. HIRED, LEASED, RENTED OR BORROWED d. Knowledge of any "accident," "claim," "suit" or AUTO PHYSICAL DAMAGE "loss" will be deemed knowledge by you when notice of such "accident," "claim," "suit" or "loss" Under SECTION IV — BUSINESS AUTO CONDITIONS has been received by: B. General Conditions 5. Other Insurance (1) You, if you are an individual; Paragraph 5.b. is replaced by the following: (2) Any partner or insurance manager if you are b. (1) For "Comprehensive" and "Collision" Auto a partnership; Physical Damage provided by this endorsement, the following are deemed to be covered "autos" (3) An executive officer or insurance manager, you own: if you are a corporation; (a) Any Covered "auto" you lease, hire, rent or borrow; and CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 6 CA 71 09 01 06 (b) Any Covered "auto" hired or rented by your (3) This Hired Auto Physical Damage coverage is "employee" under a contract in that excess over any other collectible insurance. individual "employee's" name, with your permission, while performing duties related (4) Definitions For This Section to the conduct of your business. (a) Comprehensive Coverage: from any cause However, any "auto" that is leased, hired, rented or except the covered "auto's" collision with borrowed with a driver is not a covered "auto" another object or the covered "auto's" overturn. We will pay glass breakage, "loss" (2) Limit of Insurance For This Section caused by hitting a bird or animal and, "loss" caused by falling objects or missiles. The most we will pay for any one "loss" is the lesser of the following: (b) Collision Coverage: caused by the covered 11auto's" collision with another object or by (a) $50,000 per accident, or the covered "auto's" overturn. (b) actual cash value at the time of loss, or J. EXTENDED CANCELLATION CONDITION (c) cost of repair. A. Under CANCELLATION, of the COMMON POLICY CONDITIONS form, item 2.1b. is replaced by the minus a $500 deductible. An adjustment for following: depreciation and physical condition will be made in determining actual cash value in the event of b. 60 days before the effective date of cancellation a total loss. No deductible applies to "loss" if we cancel for any other reason caused by fire or lightning. CA 71 09 01 06 Includes Copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 6 UW17300211 0108 85318434 83-0111 CIRCLE C CONSTRUCTION COMPANY K&S INSURANCE AGENCY NOTIFICATION ENDORSEMENT FOR I CANCELLATION/NON-RENEWAL or MATERIAL CHANGE IN COVERAGE THIS ENDORSEMENT SUPPLEMENTS THE TERMS OF THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO GENERAL LIABILITY I 1. If the Schedule below indicates "Cancellation/Non-Renewal Notification". we agree to provide written notice to the person(s) or organization(s) shown in the Schedule due to a cancellation or non-renewal of the policy to which this form is endorsed. The number of days' notice we will provide is indicated in the Schedule. 2. If the Schedule below indicates"Material Change in Coverage Notification", we agree to provide written notice to the person(s) or organization(s) shown in the Schedule due to a material change in the policy to which this form is endorsed. For purposes of this endorsement a material change is a change: a. that is initiated by us; and b. in which the First Named Insured is provided written notification by us. The number of days' notice we will provide is indicated in the Schedule. SCHEDULE Name of Person(s)or Organization(s)and Mailing Address CITY OF FORT WORTH 1000 THROCKMORTON ST FORT WORTH TX 76102-6312 Cancellation/Non-renewal Notification. Number of Days: 30 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) UW 17 30 02 11 /ACL STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIF[CATION DOCUMENTS Revision:acember21,'_012 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology.......................................................................................................... l 1.01 Defined 'hernis............................................................................................................................... 1 1.02 'Ferminology..................................................................................................................................6 Article2— Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time; Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3 —Contract Documents: Intent, Amending, Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents................................................................. 10 3,05 Reuse of Documents................................................................................................................... 10 3.06 Electronic Data............................................................................................................................ I I Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Envirorunental Conditions; Reference Points........................................................................................................... 11 4.01 Availability of Lands .................................................................................................................. 11 4.02 Subsurface and Physical Conditions .......................................................................................... 12 4.03 Differing Subsurface or Physical Conditions............................................................................. 12 4.04 Underground Facilities ............................................................................................................... 13 4.05 Reference Points ......................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site.............................................................................. 14 Article 5 —Bonds and Insurance ..................................................................................................................... 16 5.01 Licensed Sureties and Insurers ................................................................................................... 16 5.02 Performance, Payment, and Maintenance Bonds....................................................................... 16 5.03 Certificates of Insurance............................................................................................................. 16 5.04 Contractor's Insurance................................................................................................................ 1S 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 NORTH STANDARDCONS"CRUCTION SPECIFICATION DOCUMENTS Revision:Detxm[er2[,20I2 6.02 Labor; Working llours................................................................................................................20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6,05 Substitutes and -Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas .......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services ..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8 -City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities .......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative .....................................................................................................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 WORTI I S"G<\NDAIZDCONSTRLJCIION SPECIFICATION DOCUMENTS Revision:Ikccmkr21,2012 :article 10 -Changes in the Work; Claims, Extra Work................................................................................38 10.01 Authorized Changes in the Work.......................................................................... 10.02 Unauthorized Changes in the Worl. ...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Worlc.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments ......................................................................................................................52 14.03 Contractor's Warranty of Title ...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15 - Suspension of Work and"Termination ........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article 16- Dispute Resolution................................................................. 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTI t STANDARDCONSTRUC`rioN SPECIFICATION DOCUMENTS Revision:DceendxT21,2012 Article17 — Nliscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of ilnes ................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORT[I STANDARD CON STRUCTION SPECIFICATION DOCUMENTS Revision:D«ember?I,_'OI? 00 72 00- I GENERAL CONDITIONS I',iae I of 63 kRTICLE 1 — DEFINITIONS AND TERMINOLOGY 1.01 Oe f inetl 7errrrs 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. .4tklentht—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. Aw-eement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. <<fpplication 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. -4ivar(l—Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 3. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requir°etnenls—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 clay 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. Buzzvaiv—City's on-line, electronic document management and collaboration system. 12. Culentlar Day—A clay consisting of 24 hours measured from midnight to the next midnight. CITY of FORT WORTH STANDARDUONSIRUCTION SPECIFICATION DOCUNIENrS Revision:Decemlxr2l,20I2 (A) '_'00- I GENERAL CONDITIONS P:w,c.'_of 03 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract 'Time, issued on or alter the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. C'iry .41torney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, "texas. 17. City 11anager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract C'lairn—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Conti-act Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH S rANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Decen7Lxr21,2012 o)7200- I GENERAL CONDITIONS I%iec 3 or(,; 25. Dainu,r,=e Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Dtry or day— A day, unless otherwise defined, shall mean a Calendar Day. 27. Direcloi• of Avialion — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Pai•ks and ("Minn tinily Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Dit-ecloi• of Planning crud Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Dii-ecloi• of D-un.spoi•tation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Direclor of Water Departient — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Evi-a 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 Docut-nents. Extra work shall be part of the Work. 36. Field Orcler—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CfrY oP Fott'r woiz'rH STANDARD CONSTRUCTION SPECIPICA"rION DOCUMENTS Revision:acember2l,2012 uo GENERAL CONDITIONS P:w'e I of 03 38. Final Insl)eciion — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, hilly, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division I of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project fiends, real property, or personal property. 44. Alfgjor Item—An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fitel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans—See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:December2l,2012 i11l 71 M- I GENERAL CONDITIONS P;I-c of 63 51. Projecl 1;chethde—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"Circe. 52. Projecl—The Work to be performed under the Contract Documents. 53. Prn_jeet Representative The authorized representative of the City who will be assigned to the Site. 54. Public iVfeeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Haterial—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Scheclide of'Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of ValuesA schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Deceniber21,2012 00%?()()- 1 GENERAL CONDITIONS Pace 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintentlent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Yuppletnentctry Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.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 Acjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:De ember21.2012 Ill 71oo-I GENERAL CONDITIONS I'we7ol03 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 Lid jectives 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 (lie Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies gfDocuments 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 Conli'act Time; Notice to Proceetl The Contract Time will continence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH sTANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:DeLemlxr2l,2012 GENERAL CONDITIONS Pnae S A G3 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 Consh-action Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 105 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 106 Public Adeeting 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:Deeember21,2012 oo7,uu- I GENERAL CONDITIONS section. The Contractor shalt not take advantage of any variation of form, format or style in making Contract Claims. E. "fhe 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 R tt•ence SIC" ularcls A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Doctnnents Daring Petfornutnce of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:De ember21,2012 nu 72 n0-I GENERAL CONDITIONS Page 10 o1'03 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 Disct•epancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reatse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:DL emba21,2012 ()17200- I GENERAL CONDITIONS I';(,e I I of 03 13. 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 Elearonic Dala A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic tiles will be at the user's sole risk. If there is a discrepancy between the electronic tiles 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 Ai,ailabilily ofLancls A. City shall ftimish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:axember2l,2012 N) .:1.I111- I GENERAL CONDITIONS Page 12 o1 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 Substaface 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 NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS Revision:Deceniber2l,2012 00 72 00- I GENERAL CONDITIONS flue 13 o1 01 then Contractor shall, promptly alter 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 Tile.1djusonents Contractor shall not be entitled to any adjustment in the Contract Price or Contract"Time if: I. 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 tinder 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 Umlerground Facilities A. Shoe,i n ot- 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: I. 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:avember2I.2012 00 1- )- I GENERAL CONDITIONS P;ige I 1 ol'03 Worl< in connection therewith (except in an emergency as required by Paragraph 6,17.A), Identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and set-vice 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 willfi.►lly 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 fi►11 cost for replacing such points plus 25% will be charged against the Contractor, and the fiill 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 WORTII STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:December-?1,2012 CENERAL CONDITIONS construction to be employed by Contractor and Safety precautions and programs incident thereto; or ?. 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.t7.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 perinitted 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 fbr whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:De cmber21,2012 un 7,00- 1 GENERAL CONDITIONS 16 ol'63 ARTICLE 5— [3oNDS 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 Perfortnance, Payment, and 11aintenance 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'Inszrrance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FOR"r WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUNJENTS Revision:December2l.2012 00 72 00- 1 GENERAL CONDITIONS P,iec 17 ot03 ?. fhe Contractor's general liability insurance shall include a, '*per project" or "per location", endorsement, which shall be identified in the certificate ot`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 naives 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 Reeoverv) 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:acouber2 1,20 12 GENERAL CONDITIONS I'.igc 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. TVorkers 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 perfomed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTI I STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:Dccen71tr21,2012 (107'(N- I GENERAL CONDITIONS 19ot'03 insurance or sell-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. zltttomobile Liability. A conumercial 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 lilmits 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 Boncls 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:LX�cembL12l,2012 nU 721ll1- I GENERAL CONDITIONS Pa'-c 20 of 41 13. 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 rrom 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 Horns A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, 11aterials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume frill responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fiuel, 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. CrrY OF FORT WORTH STAN DAR D CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Deccmber21.2012 HO 7_'00- I GENERAL CONDITIONS I'uae 21 of0.1 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 DOCUIT1entS. U. 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 I'1•njcc't.Sc'hetlule 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. l. 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 anti "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, fiinction, 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 fiinctionally equal to an item so named if. a. the City determines that: t) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STAN DARD CON STRUCTION SPECIFICATION DOCUMENTS Revision:D&enik-21,2012 U()7100- I GENERAL CONDITIONS I'aae 22 of 03 ?) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Dcteniber21.2012 107100- I GENERAL CONDITIONS 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. Substilute Constrttclion Alethocls 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 Evalt.tulion: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harinless City and anyone directly or indirectly employed by them from crud against (iny and till claims, damages, losses awl expenses (inchtding cittorneys fees) arising out of'the itse 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. Conowetor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. CITY OF FORT NORTH STAN DAR D CONSTRucTION SPECIFICATION DOCUNIEN1:S Revision:December21,2012 f11)i_'00- GENERAL CONDITIONS I':use 21 of 03 U ('ity Substintle Reimbursement: Costs (savin(-1,s or charges) attributable to acceptance of a Substitute shall be incorporated to the Contract by Change Order. N. "fume Extensions: No additional time will be granted for substitutions. 6.06 C'oiieeritiiig Subcoiatrcictors, Suppliers, an(I 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 Enteiprise 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 tiles 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 SFE\NDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:Decuuber21,2012 IH172011- I GENERAL CONDITIONS I';hc 25 ol'h} I . 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 Clue any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and tZegulations. 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 fiirnishing any of the Work shall communicate with City through Contractor. 11. 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 bVage 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. Stich 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 fill 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 NORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:Dxember21,2012 !)O-i.'-0)- I GENERAL CONDITIONS Paec 20ufo3 D. .1rhilration 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 I I th day after the (late 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 Govemment 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 Lanvs and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and dainoges (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 FOR"r WORTH s'mNDARDCONS'FRUCT1ON SPECIFICATION DOCUMENTS Revision:DecemM-21,2012 rn,71nU- I GENERAL CONUITIONS 11:u,c'7„f 63 the itrcor)(Y'40on in the I,Vork of any iin,ewion, desi,t>n, /)i-ocess, pi*oduct, ol• de0ce not sl)ecif ed in the Contract Doc utnerd s. 6.09 Pei--nits aml Utilities \. (,'ontractor ohlainecl permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses, Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Conunission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Lcnvs 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 sTANDARDCONSTRUC'TION SPECIFICATION DOCUMENTS Revision:Decemba 2 1,2012 nU ,"ilU- 1 GENERAL CONDITIONS I'a�e_'ti of 61 Court or arbitration or other dispute resolution costs) arising out of or relating to such Work. I lowever, 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 Tuxes 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. htkp:;;% �v�.v�,v.tivilldoly,state.tx,usr't<,tinfc�%taxforms..%9;-1o1z�Is.html 6.12 Use of Site and Other Areas A. Lin itation on Use of Site crud Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:axcmber21,2012 GENERAL CONDITIONS I',rvc Ly of 63 3. Should any Damage Claim be made by any such owner or occupant because oP the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Parcrt�ral)h 6.21, Contractor shall indemnify and hold harmless City, ftorn and against all claims, oasts, losses, and dainages arising out of or reluting to any cluing or action, legal or equitable, hron,�11111 by arty such oivner•or occuPunt against City. B. Removal of Debris Daring Perfbrrnance of' the Work: During the progress of the Work Contractor shall keep the Site and other areas tree 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 tails 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 comnninication), and the costs of such direct action, plus 25 % of Stich 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. F. 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 Docannents 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 Safely antl Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Stich 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:Decembcr21,2012 il(17'llll- I GENERAL CONDITIONS P,we 30 o1 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; ?. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. Q. 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 Connnunication 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/of-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 STANDARDCONSTRUCTION SPECIFICATION DOCUNIENTS Revision:[X-umber21,2012 uu 7'i.0- I ,ENERAL CONDITIONS I'o�c 31 �Ii 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. Q. 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 fultill 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 hinds due or become due the Contractor on the Project. 6.18 Srrbntittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.1 S.C. CITY OF FORT NORTH STANDARDCONSTRUCrION SPECIFICATION DOCUMENTS Revision:December2l,2012 UU 12 00- I GENERAL CONDITIONS 1';1ee 32 of 0) 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 hinctions. 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 Maa•ranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CON s"rRUCTION SPECIFICATION DOCUMENTS Revision:December21,2012 ,n)1-'0I)- I GENERAL CONDITIONS P.ir_c 3 o(03 2. normal wear and teal' under normal Usage. C. Contractor's obligation to perform and complete (lie Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4, use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, bold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROM 101N IS CITY OF FORT WORTFI STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Dk �nb,-r21,20I2 UU?'_00- I GENERAL CONDITIONS F12C 3 4(df63 SPECIFICALLY INTENDED TO OPERATE AND 13E EFFECTIVE EVEN IF IT IS ,ALLEGED OR PROVEN THAT ALL OR SOME OF TIIE DAMAGES BEING SOUGI-i'C WERE CAUSED, IN WI-IDLE OR IN PART, I3Y ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY, 6.22 Delegation of'Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, - materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and hu-ther, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:Deccmber21.2012 (II)71 IIf1- I GENERAL CONDITIONS Page i>of 03 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 Collows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nomlisci-iinination 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 of 1964 cis wnenclecl: Contractor shall comply with the requirements of the Act and the Regulations as bother defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related IVoi•k 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 wort', 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 perfonning 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:Dxonber21,2012 GENERAL CONDITIONS I"i,c 36 of 03 7.02 Cool-dination :V 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 SLICK authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. Q. 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 cornmunications 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 Appr-ovals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:December21,2012 M7200- I GENERAL CONDITIONS I',isc 37 of 03 8.07 Limilalioti.s on City's Respotisihililies r\. The City shall not supervise, direct, or have control or authority over, nor be responsible lor, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any tailure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible ['Or 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 Undisclosecl Ilazarclous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance ivilh Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. The Project Representative(s) will be as provided in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Ckcember21,2012 UU 71 0()- I GENERAL CONDI FIONS Page 38 ol'63 9.03 luthorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective tVork City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Per formed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Regnireinents 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 tl7e llVork A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT NORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:Decemlx-r21,2012 n07200- I GENERAL CONDITIONS P:mc 39 o1'63 10.02 (Inm hot-izetl Changes in the lVork Contractor shall not be entitled to in 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.l7. 10.03 Executioti of'Ch n ge Ortlers A. City and Contractor shall execute appropriate Change Orders covering: 1, changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of detective 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 Exir-a Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Siu,ety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTFI S rANDARD CONSTRUCTION SPECIFICATION DOCUNIENrS Revision:December2I,2012 GENERAL CONDITIONS P we 40 of 1,3 10.06 Contract Claims Process A. City Decision Requirecl: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. ID 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:December21,2012 GENERAL CONDITIONS I'a,c l l of 03 I). City's written Action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set fortli in Article 16 within 30 days of such -action or denial. L. 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 It —COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost n f'the Work A. Costs Irrclucled: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, 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: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed hill time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55%markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:[Xre�nber2I,2012 i i11 ']1111- I GENERAL CONDITIONS I%wc I_'of 03 d. Payments made by Contractor to Subcontractors For Work performed by Subcontractors. It" rcquirecl 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, iFany, will be acceptable. [f any Subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a tee, 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 1 1.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, su>veyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:EVember2l.2012 10]?00- I GENERAL CONDITIONS P:i-e-43 ol'03 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract DOCUnIentS to purchase and maintain. B. Cosa Exelutletl: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 1 1.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs clue to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be Liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation. Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 <'llloivances A. Specifietl Allori,ance: 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-bitl Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ReN isiun:Decemler2l,2012 nu 11_tut- I GENERAL CONDITIONS I'aee.I-1 ot'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. Cotnlitntrency Alloiratnce: 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 aunounts 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• Deci-ectsed Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CrrY OF FORT WORTH STANDARDCONSTRucTiON SPECIFICATION DOCUMENTS Revision:Decemher21,2012 IIO ".,110- I GENERAL CONDITIONS �. If the changes In CIna11titiCS or alterat1o11S si,mlticautly change the character of work, the Contract will be amcncled by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. /� 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 clone 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 Quawity illeaszwennent A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH S'T'ANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:Rkwuber21,2012 GENERAL CONDITIONS 11:ww-16,463 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 12.0l.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.013.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1, 11.01.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 11.0l.A.4 and 11.0l.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0L.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Decemberl1.2012 00 72 UU- I GENERAL CONDITIONS P'w,e.17ofb_i tier, will be paid a lee of 15 percent olthe costs incurred by such Subcontractor under Paragraphs t 1.0I.A.1 and 1 1.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a lee of live percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of tees paid be in excess of25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0I.A.6, and l 1.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's t'ee by an amount equal to five percent (5%) of such net decrease. 12.02 Change gf'Contf•act Tune 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, tires, 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 fiunished by the City. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:December21,2012 ,)07'N)- I GENERAL CONDITIONS I'a,c 18 ul't,.3 ,ARTICLE 13—"TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 iVolice of Defects Notice of all detective 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 I'Vork 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 Inspeclions A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections,which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARDCONSTRUC'TION SPECIFICATION DOCUMENTS Revision:December-?1,2012 (11)7200- I GENERAL CONDITIONS -11)of b S 3. Any amounts owed tar any retest under this Section 13.03 D shall be paid directly to the 'resting Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor tails to pay the 'resting Lab, City will not issue Final Payment until the Testing Lab is paid. F,. 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, hirnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Dctiennber21,2012 )0 _'I 0- 1 GENERAL CONDI VIONS 11av-,e 50,)ih_I 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 qlDefective 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 ioit-r WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:December21.2012 nu' url- I GENERAL CONDITIONS I of b 3 C. In special circumstances where a particular item of equipment is placed in continuous SCI-Vice before Final Acceptance of all the Work, the correction period her that item may start to run from an earlier(late ifso 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 clays written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by tiling 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 Aecepitince ol'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 Huy 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. h1 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 PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Detxmher2l,2012 UI I -'oo I GENERAL CONDI HOW; Piw,e i_'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 tinder this Paragraph 13.09. ARTICLE W— PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule o14alues 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. .l pplications f n-Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment tilled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH 5 rANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Decemer2l,2012 GENERAL CONDITIONS Pace i3 ul(ii 11, Review of,41yVicalions: 1. City will, alter 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 refiuse 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 SrANDARDCONSTRucTION SPECIFICATION DOCUMENTS Revision:Ekce iber2l,2012 GENERAL CONDI I IONS P _,e i I oE63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: t. 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. Liquidatecl Dcnncges. 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 refilse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's TVarranty 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 WORTI I :i'CANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:EX-cnib r21,2012 HO I100- I GENERAL CONDITIOW) P iac»of b 14.04 Pw liaal Ulili alion A. Prior to Final Acceptance of all the Worl<, 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 f-unctioning and usable part of' the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 FimlInspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1, within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final,,Icceptance 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. CrrY OF FORT woiz'm STA NDARDCONSTRUCTION SPECIFICATION DOCUNIENTs Revision:December21,2012 UU ­,I)- I GENERAL CONDI(IONS Pyre u,of 03 14.07 Final Put%ment A. ;(l>pliculion./or Puymew. 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 tiled 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 frilly completed and accepted. If the remaining balance to be held by City for Work not frilly 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 NORTH ST,4NDARDCONS"I'RLJCTION SPECIFICATION DOCUNIENTS Revision:December21,2012 M '"1,0- 1 GENERAL CONDITIONS I'aeu 57,-1 0 portion of the Work fully completed and accepted shall be submitted by Contractor to City (he /\pplication for Such payment. Such payment shall be made Linder the terms and conditions A) —11ing final payment, except that it Shall not constitute a waiver ol�Contract Claims. 13. Portia! Retairnage Release. hor 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. 7\n amount sufficient to ensure Contract compliance will be retained. t4.09 Iwai ,er of Clainns The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15—SUSPENSION OF WORK AND TEWMINATION 15.01 City Mqy Suspenel 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 constriction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORrH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:axember 2 1,20 12 nn 7100- I GENERAL CONDI I"IONS Pave is of 03 15.02 C i' y ,Llay Terminate f nr 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: I. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or Suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to Adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any fiords 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. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally tenninate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT NORTH STAN DARD CON STRUCTION SPECIFICATION DOCUMENTS Revision:Eh-ceniba21,2012 no "_()()- I GENERAL CONDI TIONS of 03 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 tinish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting From completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and darnages 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 Iiable 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 perfo►7n and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH S FANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:December 21,2012 oo"1 00- 1 GENERAL CONDITIONS Pay'c 00 of 03 l 5.03 C.711v 11ay Tei-minale 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 tinder 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. Alter receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfab6cated 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 tenninated 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 tennination 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 WORT[I sTANDARDCONSTRUCTION.SPECIFICATION DOCUMENTS Revision:Lk-cmber21.2012 I H) Irut- I GENERAL GONDI I-IONS P"we01 of h3 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, it' the items are stored, within 45 days frornn the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. L. 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. [Iuless 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 stuns 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 inforination 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 lllethods an(I Pt-ocetlitres 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 clays of tiling of the request. C. If the Contract Claim is not resolved by mediation, City's action tender Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after termination of the mediation unless, witl>un that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FX cmber21,20I2 ou nn- GENERAL CONDITIONS P;i e 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. AIZTICLE 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 WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:L)Lcember2l,2012 00 72(iO- I GENERAL CONDITIONS I'a�'a 03 n1 03 17.04 Sul-viml of 0bligcNims All representations, inclemnitications, 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 DOCl1IIICIits, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. t 7.05 Hewlings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions, CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision:L\xcmI l'r2I,20I2 00 7100- I SUPPLENIENTARY CONDITIONS PweIof5 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS 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. tNlodiffcations 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.O IA.L,"Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired,if any as of April 2014: Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2,"Availability of Lands" CITY OF FORT NORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project No.01219 Revised April 1,2013 007300-2 SUPPEEMFNTARY CONDITIONS Page 2 of 5 Utilities or obstructions to be removed,adjusted,and/or relocated The tollowing is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of.lhril ?Glut: EXPECTED UTILITY AND LOCATION 'TARGET DATE OF OWNER ADJUSTMENT Nolle The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, and do not bind the City. SC-4.02A.,"Subsurface and Physical Conditions" The Following are reports of explorations and tests of subsurface conditions at the site of the Work: A Geotechnical Engineering Study Report No. 131-10-96,dated April, 2010, prepared by CNIJ Engineering, Inc., a sub-consultant of Teague Nall and Perkins, a consultant of the City, providing additional information on general Subsurface conditions. SC-4.06A.,"Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None SC-5.03A.,"Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers,directors, agents and employees. (1) City (2) Consultant: Teague Nall and Perkins (3) Other: None SC-5.04A.,"Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5,04A.Workers'Compensation, under Paragraph GC-5.04A. Stolittorl'limits Employer's liahilitI, S100,000 each ucci�lent/nccttrrejice S10O.OGO Disease- each employee N500,000 Disease-policY limit SC-5.04B.,"Contractor's Insurance" 5.04B.Commercial General Liability, under Paragraph GC-5.0413. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: CITY OF FORT NORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised April I,2013 007300-3 suPPi,u,%iENTARY CONDITIONS Page 3 of 5 1,000.000 Carh oCC1V/TCnre '�?,0O11,000 u�;,>;re,,ate lirrhil 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"V, "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" S.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: (I) Automobile Liability- a commercial business policy shall provide coverage on "Any Auto", defined as autos owned,hired and non-owned. /.000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: `250.000 Bodil1, Injnry per-persotr/ `500.000 Boddvinjru•Y per accident / 1`100,000 Proper•tvDamage 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: XC'onfirm Limits with Railroad (2) Each Occurrence: SCorrfirm Limits tnith Railroad Required fnr this Conti-act < Not regnirecl for this Contract With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required,each in the amount stated above. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised April 1,2013 u073no- 1 SUPI'L EMt:NT:\RY CONDITIONS Page 4 45 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 he required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a orade separation or in at-grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the -rade separation or at- "rade crossing, insurance coverage for this work most be included in the policy covering the grade separation. -I. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may he 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 he 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: 2013 Prevailing Wage Rates(Heavy and Highway Construction Projects) 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: None SC-6.09B."City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: 1. TxDOT Utility Permit SC-6.09C."Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of11 Aril 2014: Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-7.02.,"Coordination" CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52, Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0 12 19 Revised April I,2013 no7300-5 SUPPL.EMHNTARY CONDITIONS P'w,e5of5 The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authority SC-8.01,"Communications to Contractor" Notre SC-9.01.,"City's Project Representative" The following firm is a consultant to the City responsible for construction management of this Project: Drone SC-13.03C.,"Tests and Inspections" Nolte SC-16.01C.1,"Methods and Procedures" None END OF SECTION CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0 12 19 Revised April 1,2013 O1 II00- 1 SU�%iMARYOFWORK Page I of 3 SECTION 01 1100 SUNVIIVIARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project No.01219 Revised December 20,2012 M I100-2 SUNIMARY OFWORK P,it,c 2 of 3 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of Spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. I) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements I. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights-of-way or easements of Obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting From any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during constriction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site Security. c. The cost for all fence work within easements, including removal, temporary Closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 011100-3 S JNIiN/IARY OF WORK Page 3 of 3 1.3 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORNIATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] L8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY,STORAGE, AND HANDLING [NOT USED] Ltl FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 01 25 u0- 1 SUBSTITUTION PROCEDURES Pawtc. I of-1 SECTION 0125 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL L1 SUtVIMARY A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to I or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name ci. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution- General 1. Within 30 days after award of Contract(unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July I,2011 0l 2500-' SUBSTITUTION PROCEDURES P:w'�e 2 of t b. Contractor proposes a cost and/or time reduction incentive to the City, t.S suwvwmkLS A. See Request for Substitution Form (attached) p, Procedure for Requesting Substitution I. Substitution shall be considered only: a. After award of Contract b. Under (lie conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation l) Complete data Substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes i❑ cost b. For products I) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection . Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, the resulting cost and/or time reduction will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revise July 1,_101 1 01 2500-3 SUBSTITUTION PROCEDURES Page 3 of a 4. No additional contract time will be given for substitution. 5. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the City's opinion, acceptance will require substantial revision of the original design d. In the City's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALSAN FORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: l. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY,STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July I,2011 nl _'500-4 SUBSTITUTION PROCEDURES Piwe 3 44 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJ ECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does Substitution have on other trades'? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better(explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature _Recommended —Recommended as noted Firm _Not recommended _Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revise July I,2011 111 31 IO- I PRFCONSTRUCTION NIFETING Pa_c I of 3 :SECTION 0131 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division l —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting I. A preconstruction meeting will be held within 14 days after the execution of the Agreement and before Work is started. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Project Representative b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised August 17,2012 I11 _iI 19- ' PRECONSrRUCrION MEETING Page 2 of 3 C. Other City representatives f. Others as appropriate 4. Construction Schedule a. Prepare baseline construction schedule in accordance with Section 01 32 16 and provide at Preconstruction Meeting. b. City will notify Contractor of any schedule changes upon Notice of Preconstruction Meeting. 5. Preliminary Agenda may include: a. hltrOdUCtiOn of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures J. Field Orders k. Disposal Site Letter for Waste Material I. Insurance Renewals in. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures CC. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. M/WBE or MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments CITY OF FORT NORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised August 17,2012 DI 31 ICI-3 PRECONSTRUC'TION MEETIN6 P "e3of3 i.5 SUI3NIrrTAL S [NOT USED] 1.6 ACTION SU13NIrCTALSANFORNIATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.3 iMAINTENANCE MATERIAL SUBMITTALS [NOT USED] 19 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2- PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised August 17,20I2 nl 31 10- I PROJECT MFIN'IN(1S I'are I of 3 `SECTION 01 31 20 PROJECT MEETINGS 1'ART1 - GENERAL LI SUMMARY ,�. Section Includes: I. Provisions for project meetings throughout the construction period to enable orderly review of the progress of the Work and to provide for systematic discussion of potential problems B. Deviations this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements L2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Schedule, attend and administer as specified, periodic progress meetings, and specially called meetings throughout progress of the Work. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meetings administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. 4. Meetings, in addition to those specified in this Section, may be held when requested by the City, Engineer or Contractor. B. Pre-Construction Neighborhood Meeting 1. After the execution of the Agreement, but before construction is allowed to begin, attend 1 Public Meeting with affected residents to: a. Present projected schedule, including construction start date b. Answer any construction related questions 2. Meeting Location a. Location of meeting to be determined by the City. 3. Attendees a. Contractor CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July 1,2011 01 t120- 2 PROJECT iM EC;TINGS Page 2 ui 3 b. Project Representative c. Other City representatives 4. Meeting Schedule a. III general, the neighborhood meeting will occur within the 2 weeks following the pre-construction conference. b. In no case will construction be allowed to begin until this meeting is held. C. Progress Meetings I. Formal project coordination meetings will be held periodically. Meetings will be scheduled and administered by Project Representative. 2. Additional progress meetings to discuss specific topics will be conducted on an as- needed basis. Such additional meetings shall include, but not be limited to: a. Coordinating shutdowns b. Installation of piping and equipment c. Coordination between other construction projects d. Resolution of construction issues e. Equipment approval 3. The Project Representative will preside at progress meetings, prepare the notes of the meeting and distribute copies of the same to all participants who so request by fully completing the attendance form to be circulated at the beginning of each meeting. 4. Attendance shall include: a. Contractor's project manager b. Contractor's superintendent c. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request d. Engineer's representatives e. City's representatives f. Others, as requested by the Project Representative 5. Preliminary Agenda may include: a. Review of Work progress since previous meeting b. Field observations, problems, conflicts c. Items which impede construction schedule d. Review of off-site fabrication, delivery schedules e. Review of construction interfacing and sequencing requirements with other construction contracts f. Corrective measures and procedures to regain projected schedule g. Revisions to construction schedule li. Progress, schedule, during succeeding Work period i. Coordination of schedules j. Review submittal schedules k. Maintenance of quality standards 1. Pending changes and substitutions in. Review proposed changes for: 1) Effect on construction schedule and on completion date 2) Effect on other contracts of the Project n. Review Record Documents o. Review monthly pay request p. Review status of Requests for Information CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July I,2011 oI3110-3 I'ROJI C'"1'\1EErINGS Pace 3 of 3 6. N/Iceting Schedule a. Progress meetings will be held periodically as determined by the Project Representative. I) Additional meetings may be held at the request of the: a) City h) Engineer c) Contractor 7. Meeting Location a. The City will establish a meeting location. I) To the extent practicable, meetings will be held at the Site. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 53,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July I,2011 ail ',2 16 1 CONSTRUCTION PROGRESS SCHEDULE Page 1 45 SECTION Ot 32 16 CONSTRUCTION PROGRESS SCHEDULE PART1 - GENERAL 1.1 SUNINIARY A. Section Includes: 1. General requirements for the preparation, submittal, updating, status reporting and management of the Construction Progress Schedule 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance Document B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Definitions 1. Schedule Tiers a. Tier 1 -No schedule submittal required by contract. Small, brief duration projects b. Tier 2 - No schedule submittal required by contract, but will require some milestone dates. Small, brief duration projects c. Tier 3 - Schedule submittal required by contract as described in the Specification and herein. Majority of City projects, including all bond program projects d. Tier 4- Schedule submittal required by contract as described in the Specification and herein. Large and/or complex projects with long durations 1) Examples: large water pump station project and associated pipeline with interconnection to another governmental entity e. Tier 5 - Schedule submittal required by contract as described in the Specification and herein. Large and/or very complex projects with long durations, high public visibility 1) Examples might include a water or wastewater treatment plant 2. Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for measuring progress and departures from the schedule. 3. Progress Schedule - Monthly submittal of a progress schedule documenting progress on the project and any changes anticipated. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July 1,2011 M 3) 16- 2 • t'UNSrRIJC'f1UN PROGRESS 5Cl IEDl1LE Page 2 or i 4. Schedule Narrative - Concise narrative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc 13. Reference Standards I. City of Fort Worth Schedule Guidance Document 1.4 ADMINISTRATIVE REQUIREMENTS A. Baseline Schedule 1. General a. Prepare a cost-loaded baseline Schedule using approved software and the Critical Path Method (CPM) as required in the City of Fort Worth Schedule Guidance Document. b. Review the draft cost-loaded baseline Schedule with the City to demonstrate understanding of the work to be performed and known issues and constraints related to the schedule. c. Designate an authorized representative (Pro,ject Scheduler) responsible for developing and updating the schedule and preparing reports. B. Progress Schedule I. Update the progress Schedule monthly as required in the City of Fort Worth Schedule Guidance Document. 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 3. Change Orders a. Incorporate approved change orders, resulting in a change of contract time, in the baseline Schedule in accordance with City of Fort Worth Schedule Guidance Document. C. Responsibility for Schedule Compliance 1. Whenever it becomes apparent from the current progress Schedule and CPM Status Report that delays to the critical path have resulted and the Contract completion date will not be met, or when so directed by the City, make some or all of the following actions at no additional cost to the City a. Submit a Recovery Plan to the City for approval revised baseline Schedule outlining: 1) A written statement of the steps intended to take to remove or arrest the delay to the critical path in the approved schedule 2) Increase construction manpower in such quantities and crafts as will substantially eliminate the backlog of work and return current Schedule to meet projected baseline completion dates 3) Increase the number of working hours per shift, shifts per day, working days per week, the amount of construction equipment, or any combination of the foregoing, sufficiently to substantially eliminate the backlog of work d) Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule 2. If no written statement of the steps intended to take is submitted when so requested by the City, the City may direct the Contractor to increase the level of effort in manpower(trades),equipment and work schedule (overtime, weekend and holiday work, etc.) to be employed by the Contractor in order to remove or arrest the delay to the critical path in the approved schedule. a. No additional cost for Such work will be considered. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.d 1219 Revised July 1,2011 M32lo- 3 CONSTRUCTION PROGRESS SCIIEDIILE I',ute 3(il 5 D. The Contract completion time will be adjusted only for causes specified in this Contract. a. Requests for in extension of any Contract completion date must be supplemented with the following: I) Furnish justification and Supporting evidence as the City may deem necessary to determine whether the requested extension of time is entitled under the provisions of this Contract. a) The City will, after receipt of Such justification and Supporting evidence, make findings of fact and will advise the Contractor, in writing thereof. 2) If the City finds that the requested extension of time is entitled, the City's determination as to the total number of days allowed for the extensions shall be based upon the approved total baseline schedule and on all data relevant to the extension. a) Such data shall be included in the next updating of the Progress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract completion date shown by the critical path in the network will not be the basis for a change therein. 2. Submit each request for change in Contract completion date to the City within 30 days after the beginning of the delay for which a time extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are not submitted within the foregoing time limit. b. From time to time, it may be necessary for the Contract schedule or completion time to be adjusted by the City to reflect the effects of job conditions, weather, technical difficulties, strikes, unavoidable delays on the part of the City or its representatives, and other unforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Contractor to reschedule the work or Contract completion time to reflect the changed conditions and the Contractor shall revise his schedule accordingly. a) No additional compensation will be made to the Contractor for such schedule changes except for unavoidable overall contract time extensions beyond the actual completion of unaffected work, in which case the Contractor shall take all possible action to minimize any time extension and any additional cost to the City. b) Available float time in the Baseline schedule may be used by the City as well as by the Contractor. 3. Float or slack time is defined as the amount of time between the earliest start date and the latest start date or between the earliest finish date and the latest finish date of a chain of activities on the Baseline Schedule. a. Float or slack time is not for the exclusive use or benefit of either the Contractor or the City. b. Proceed with work according to early start dates, and the City shall have the right to reserve and apportion float time according to the needs of the project. CITY OF FORT WORTH Sanitary Sewer improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July I,201 1 01 32 IG-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 c. ,Acknowledge and agree that actual delays, affecting paths of activities containing float time, Will not have any effect upon contract completion times, providing that the actual delay does not exceed the float time associated with those activities. E. Coordinating Schedule with Other Contract Schedules I. Where work is to be performed under this Contract concurrently with or contingent Upon work performed on the same facilities or area under other contracts, the Baseline Schedule shall be coordinated with the schedules of the other contracts. a. Obtain the schedules of the other appropriate contracts from the City for the preparation and updating of Baseline schedule and make the required changes in his schedule when indicated by changes in corresponding schedules. 2. In case of interference between the operations of different contractors, the City will determine the work priority of each contractor and the sequence of work necessary to expedite the completion of the entire Project. a. In such cases, the decision of the City shall be accepted as final. b. The temporary delay of any work due to such circumstances shall not be considered as justification for claims for additional compensation. 1.5 SUBMITTALS A. Baseline Schedule l. Submit Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. a. Native file format includes: 1) Primavera(P6 or Primavera Contractor) 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and bring in hard copy to the meeting for review and discussion. B. Progress Schedule 1. Submit progress Schedule in native file format and pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit progress Schedule monthly no later than the last day of the month. C. Schedule Narrative 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth Schedule Guidance Document. 2. Submit schedule narrative monthly no later than the last day of the month. D. Submittal Process 1. The City administers and manages schedules through Buzzsaw. 2. Contractor shall submit documents as required in the City of Fort Worth Schedule Guidance Document. 3. Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules are required. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUtOENTS City Project No.01219 Revised July I,2011 01 12 16- CONSTRUCrtON PROGRESS SCHEDULE Page j of J 1.6 ACTION SUI3NII'CTALS/INFORMATIONfkL SUI3NiI'I"PALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. The person preparing and revising the construction Progress Schedule shalt be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the construction. C. Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] t.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT NORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0 12 19 Revised July 1,20 11 U 132 33 - I PRECONSTRUCrION VIDEO Pa-e I ul 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification I. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July I,2011 nl 5211_ ' I'RECONS'PRUCTION VIDEO P:tae 2 ul 2 vma 3 - E ECUTION [NOT USED] END OF SEc,r[ON Revision Luz DATE NAME SUMMARY OF CHANCE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUIVIENTS City Project No.01219 Revised July I,2011 Ill .;100- I scan-lrrr,�l_s Page I of S SECTION O1 33 00 SUBMITTALS PART I - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data(including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification I. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each Submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other Submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit Submittals sufficiently in advance of the Work. CITY OF FORT WORTH Sanitary Server Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project No.01219 12wised December 20 2012 ul I ()n . SI!13NIr1-rALS P:II!c 2 nl .i d. Make submittals promptly in accordance with approved schedule, and in such setluence as to cause no delay in the Work or in the work of any Other contractor. 13. Submittal Numbering I. When Submitting Shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering System in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 0 1-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=d(h submission, etc.). A typical Submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third Submission (second resubmission) of that particular shop drawing C. Contractor Certification l. Review shop drawings, product data and samples, including those by subcontractors, prior to Submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) "By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 t/2 inches x 11 inches to 8 r/2 inches x 1 I inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items/Table of Contents c. Product Data/Shop Drawings/Samples/Calculations E. Submittal Content 1. The date of Submission and the dates of any previous submissions CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52, Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 SUBM11TALS Paec 3 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier C. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials S. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings l. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams Cr. Coordination drawings h. Individual system or equipment inspection and test reports including: t) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to Submitting for approval. G. Product Data I. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 u11300--t U B NI I'IT:\LS 1',ige-1 of S 7) Standard wiring diagrams 0 Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications It)) Mill reports 1 1) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of Such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution I. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of Submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than I hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies Iisted above. c. Product Data l) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples I) Distributed to the Project Representative 2. Hard Copy Distribution(if required in lieu of electronic distribution) CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Pat 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 U13300-) SUt3iviri-rAI S Page 5 of S a. Shop Drawings I) Distributed to the City ?) 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 l) Distributed to the City 2) Copies a) 4 copies c. Samples I) Distributed to the Project Representative 2) k'opies 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 l. 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 WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project No.01219 Revised December 20,2012 ')11300 -o sI;13,1ITrAI'S Pwco„(8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1 ) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. h) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first Submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of Submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the City at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revisor December 20,2012 S1)BMI TAI-S Paige 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor(nay cant' out the construction in accordance therewith and no further ch".tnges therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. f\4ock ups l. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) l. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Use the Request for Information (RFI) form provided by the City. 3. Numbering of RFI a. Prefix with "RFI" followed by series number, "-xxx", beginning with"01" and increasing sequentially with each additional transmittal. 4. Sufficient information shall be attached to permit a written response without further information. 5. The City will log each request and will review the request. a. If review of the project information request indicates that a change to the Contract Documents is required, the City will issue a Field Order or Change Order, as appropriate. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 M )3 IJU -li SUhX11I'IT' I..S P;i~e S of 8 PAR"I'2 - PRODUCTS [NOT USED] PART 3 - EXECUTION (NOT USED] END OIL SECTION Revision Log D/V'CE NAME SUMMARY OF CHANGE 12/20/201-1 D.Johnson 1.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH Sanitary Sewer Improvements-Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 01 35 1 1 - I 'WECIA1,I'RO.IECT PROCF?DlIIt13S Pale I of 8 SECTIONO 1 35 13 SPECIAL PROJECT PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: l. The procedures for special project circumstances that includes, but is not limited to: a. Coordination with the Texas Department of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program Cl. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f. Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 1. None, C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 3. Section 33 12 25 —Connection to Existing Water Mains 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Coordination within Railroad permit areas a. Measurement 1) Measurement for this Item will be by lump sum. b. Payment 1) The work performed and materials furnished in accordance with this Item will be paid for at the lump sum price bid for Railroad Coordination. c. The price bid shall include: I) Mobilization 2) Inspection 3) Safety training d) Additional Insurance 5) Insurance Certificates 6) Other requirements associated with general coordination with Railroad, including additional employees required to protect the right-of-way and property of the Railroad from damage arising out of and/or from the construction of the Project. 2. Railroad Flagmen CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 of t5Ii-2 SPECIAL PROJECT PROCEDURES Page 2 or s a. Measurement I ) Nfe;v urement for this Item will be per working day. b. Payment I) 'file work performed and materials furnished in accordance with this Item will be paid for each working day that Railroad Flagmen are present at the Site. c. The price bid shall include: I) Coordination for scheduling flagmen 2) Flagmen 3) Other requirements associated with Railroad 3. All other items a, Work associated with these Items is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. L3 REFERENCES A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 3. North Central Texas Council of Governments (NCTCOG) —Clean Construction Specification 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination with the Texas Department of Transportation 1. When work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation (TxDOT): a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the permit b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines I. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code,Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric tines CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project rNo.01219 Revised December 20,2012 ill 35 I3-3 SPECIAL PROJECT PROCEDURES Pa,,e 3 of H a. Notification shall be given to: I) 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 I) 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 Air 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 01 31 13 G. Water Department Coordination CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 01 3. 13—I tiPFCIAI,I'KO(EC'r I'ROC'GDURES P Ige I of h l. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. 2. Coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. a. Coordination shall be in accordance with Section 33 12 25. b. If needed, obtain a hydrant water meter from the Water Department for use during the life of named project. c. In the event that a water valve on an existing live system be turned off and on to accommodate the construction of the project is required, coordinate this activity through the appropriate City representative. 1) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 23.03 (Criminal NVlischiet) and the Contractor will be prosecuted to the full extent of the law. b) In addition, the Contractor will assume all liabilities and responsibilities as a result of these actions. H. Public Notification Prior to Beginning Construction l. Prior to beginning construction on any block in the project, on a block by block basis, prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor's letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project(i.e. type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number f) Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre-construction notification' flyer is attached as Exhibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. L Public Notification of Temporary Water Service Interruption during Construction . In the event it becomes necessary to temporarily Shut down water service to residents or businesses during construction, prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revked December 20,2012 0135 13-5 SPECIAL PROJECT PROCEDURES Page 5 of S 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 1) 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 1. At locations in the project where construction activities occur in areas where railroad permits are required, meet all requirements set forth in each designated railroad permit. This includes, but is not limited to, provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f. Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. 3. Railroad Flagmen a. Submit receipts to City for verification of working days that railroad flagmen were 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. If 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 Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 U1 .i51S..0 SPECIAL PROJECT PR0(`I:DURES Page 0 of 8 1.5 SUBMITTALS [NOT USED1 1.6 kcTION SU13MI'T'I'ALS/INFORNIik,rIONr\L SUBNHTTALS [NOT USED) 1.7 CLOSEOUT SUBMITTALS [NOT USED] L3 'MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 OUALITY ASSURAiNCE [NOT USED] 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.4.B—Added requirement of compliance with Health and Safety Code,Title 9. 8/31/2012 D.Johnson Safety,Subtitle A. Public Safety,Chapter 752. High Voltage Overhead Lines. 1.4.E—Added Contractor responsibility for obtaining a TCEQ Air Permit CITY OF FORT NORTH Sanitary Sewer Improvements—Contract 52, Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 011511 -7 SPECIAL PROJECT PROCEDURF'S Page 7 of 8 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: Mal THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT< TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 Ill ti I 1 S SPECIAL PROJI"C'T PROCEDI RI S 14A M 3IT B FORT WORTH ®at.: DOE NO. xxxx Project"Aaw. NICE OF TEMPORARY WATER SERVICE IMTERRUPTION DUE TO UTILYPY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR CITY OF FORT NORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No,01219 Revised December 30,2012 01 15 23 - I I-ES'rIN(i AND INSPECTION SF:RVICI?S Page I of 2 SECTION Ol 45 23 TESTING AND INSPECTION SERVICES PART I - GENERAL Ll SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing t. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another external FTP site approved by the City. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July 1,2011 rESiING SAND INSPECTION SERVICFS Paige 2 of 2 2) IJpload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) 1-lard Copies a) I copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in ►ieu of electronic distribution) I) "Pests performed by City a) Distribute I hard copy to the Contractor 2) 'Pests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection t. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. LS SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] LS MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] L i t FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME S UIVIMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised Jtdy I,2011 01 i0 00 1 TEMPORARY FACILITIES AND CONTROLS Page I of 1 SECTION 0150 00 "TEMPORARY FACILITIES AND CONTROLS PARTI - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings cf. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification I. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. I) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July I,2011 nI iODU-2 I ENIPOIZ ARY I'ACILITIES AND('ON'[ROLS P;iac 2 or-I d. Contractor Payment for Construction Water I) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. I) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled Shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities I. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings t. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not Susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance, D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project No.012I9 Revised July I,2011 nl JO(10-3 I'IaVIPORrARY FACILITIES AND CONTROLS Paac.S ,I-1 I, Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction I. Contractor or Subcontractors are responsible for protecting Work From damage due to weather. 1.5 SUBMITTALS [NOT USED] L6 ACTION SUBMITTALSANFORNIATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.3 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] IAA DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR]/[RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part.3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project No.01219 Revised July I,201 1 01 ;nnn--I VFMPORARY FACILITIES;AND CONTROLS Page 4 of -I 1. Remove all temporary facilities and restore area aftercompletion of the Work, to a condition equal to or hetter than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACIINIEN"I'S [NOT USED] END OF SECTION Revision Lou DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July 1,2011 I11 :ii 20- I STREET 115E PERNMIT AND MODIFICATIONS To TRAFFIC CONTROL Page I of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART I - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division t —General Requirements 3. Section 34 71 13—Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project No.0 12 19 Revised July 1,2011 111 )5 '_b-2 S rREET USE PERM CONTROL Page 2 oi 3 I) Allow a minimum of 5 working clays for permit review. ?) Contractor's responsibility to coordinate review ofTraffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. t) Revise Traffic Control plans in accordance. with Section 34 71 13. ?) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign I. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage I. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). '2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled,contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.5 ACTION SUB MITTALSANFORMATIONAL SUBMITTALS [NOT USED] L7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY,STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTI-[ Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July 1,2011 01 )S 20- 1 STREET I IS PERNII'1';AND 1,I01)II�ICA'I'IONS'I'O'I'R;AFFIC CONTROL Page 3 ol 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July 1,2011 n1 �713- I STORM WATER POLLUTION PREVENTION Paige I ul 1 SECTION 0157 13 STORM WATER POLLUTION PREVENTION PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements 3. Section 31 25 00—Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management(iSWM)Technical Manual for Construction Controls 1.=4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 S"rANDARD CONSTRUCTION SPEC[FICAT[ON DOCU,dENTS City Project No.01219 Revised July I,2011 01 i7 13-2 STORN4 WATER POLLUTION PREVENTION Page 2 n(3 13. Construction Activities resulting in: I. 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 I) TCEQ Small Construction Site Notice Required under general permit TXR 150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send l copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR 150000 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 I) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) I copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH Sanitary Sewer Improvements—Conti act 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July 1,2011 U1 �7 13-3 STORNI WA VER POLLUTION PREVENTION I'a�e 3 of 3 B. Modified SWPPP I. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in Accordance with Section 01 33 00. L6 ACTION SUBiVIITTALS/INP'ORNIA'I'IONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USEDI 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY,STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END Or SECTION Revision Lou DATE NAIVIE SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer improvements—Contract 52,Pail 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised Rdy I,2011 ul �S13 - I TEMPORARY PROJECT SIGN;A(;E Page 1 of 3 SECTION 01 58 t3 TEMPORARY PROJECT SIGNAGE PARTI - GENERAL 1.1 SUM)NIARY A. Section Includes: 1. Temporary Project Signage Requirements B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division l —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION 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] L11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 EQUIPMENT,PRODUCT TYPES, AND MATERIALS A. Design Criteria 1. Provide free standing Project Designation Sign in accordance with City's Standard Details for project signs. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Proiect No.01219 Revised July I,2011 O15813 -2 TFNIPORARY PROJECT SIGNAGE Page 2 of 3 (3. VlatCl'Ialti I. Sign a. Constructed of 3/4-inch fir plywood, grade A-C (exterior) or better 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED1 PART 3 - EXECUTION 3,t INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. General 1. Provide vertical installation at extents of project. 2. Relocate sign as needed, upon request of the City. B. Mounting options a. Skids b. Posts c. Barricade 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.4 SYSTEM STARTUP [NOT USED] 3.9 AD,JUSTING[NOT USED] 3.tO CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION[NOT USED] 3.13 MAINTENANCE A. General 1. Maintenance will include painting and repairs as needed or directed by the City. 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0t219 Revised July 1,2011 M 5`{ 11 . 3 I FNIPORARY" PROJECT SIGNAGE, P�Ige 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0 12 19 Revised July 1,2011 01 h000- I PROW ICr REQU IRENI LNTS Page I of 2 SECTION 0160 00 PRODUCT REQUIREMENTS PART 1 - GENERAL LI SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification I. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYNIENT PROCEDURES ['RIOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADNIINISTRATIVE REQUIREMENTS A. A list of City approved products for use is located on Buzzsaw as follows: 1. Resources\02 -Construction Doc uments\Standard Products List B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section 01 33 00 for submittal requirements of Product Data included on City's Standard Product List. LS SUBMITTALS [NOT USED] L6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.3 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] L9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,-1012 M o000- ' PRODUCT RGQUIRL'MI NTS P:lge2of2 1.10 DELIVERY,STORAGE, AND HANDLING [NOT USED] 1.11 F IELD [SITE] CONDITIONS [NOT USED 1.12 WARRANTY [NOT USED) PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D.Johnson Ntoditied Location ol'City's Standard Product List CITY OF FORT NORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No,012I9 Revised December 20,2012 0l0600- 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 ul 4 SECTION 0166 00 PRODUCT STORAGE AND EANDLING REQUIREMENTS PARTI - GENERAL 1A SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handl ing b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements L2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] L7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] LIO DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Proiect No.01219 Revised Judy 1,-10 1 1 Of 6600- 2 1'RODUCTs,roRAGE AND HANDLING REQUIRLNIFATS Page 2 of'-1 -I. Deliver products or equipment in manufacturer's original unbroken cartons of,other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to InitntlfaCtUrer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. Q. Handling Requirements I. l landle products or equipment in accordance with these Contract DOCulnentS and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City's Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project No.01219 Revised 3uly 1,2011 PRODUCT STORAUE:�ND HANDLING REQUIRE\II;N rs Pal"e 3 of-1 1.11 FIELD [SITE] CONDITIONS [NOT USED L12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXANIINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR/ RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [oa] SITE QUALITY CONTROL A. Tests and Inspections I. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.3 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3..10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.012I9 RevisedJnly I,2011 nl0600-d PKODUC'f S'i'(.)RA(iE AND IIANDLINti REQUIREMENTS Pa�,c.1 ol'..l Revision Log DACE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01'219 Revised July I,2011 O1 7000- 1 MOBILIZATION AND RENIOBILIZATION Page I o1 a SECTION 0170 00 MOBILIZATION AND REMOBILIZATION ['ART 1 - GENERAL Ll SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel,equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel,equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel,equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract DOCUInentS 2) Remobilization a) Transportation of Contractor's personnel,equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project No.01219 Revised December 20,2012 u17000-2 MOB11-1ZATION AND REMOBILIZ.ATION I'al,c 2 of a I) Mobilization ~hall consist of the activities and cost on a Work Order basis nccessa y for: a) "Transportation of Contractor's personnel, e(iuipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure l) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement I) Measurement for this Item shall be per each remobilization performed. 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 per each "Specified Remobilization" in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.l.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Pat 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December20,2012 M 70 00 1 \IOnILrLATION AND REMOnILIZATION Paec 3 vl 1 3. Renwbiliz<ltion 1'or suspension of Work as required by City a. NICasurcment and Payment I) This Shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle,time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement I) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment I) 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 per each "Work Order Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: I) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents 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 per each "Work Order Emergency Mobilization" in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include t) Mobilization as described in Section 1.l.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] L6 INFORMATIONAL SUBMITTALS [NOT USED] L7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY,STORAGE, AND HANDLING [NOT USED] CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 O1 70 00—I NIOBIL_IZATION AND REiNIO31LIZATION I'agc 1.11 FIELD [SITE] CONDITIONS [NOT USED) 1.12 WARRANTY ]NOT USED) PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT NORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.0 12 19 Revised December 20,2012 01 71 23- I CONSTRUCTION STAKING AND SURVEY Pa cIol l SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY PART 1 - GENERAL 1.1 SUYIMARY A. Section Includes: 1. Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification I. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l. Construction Staking a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are Subsidiary to the various Items bid and no other compensation will be allowed. 2. Construction Survey a. Measurement I) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section Ol 33 00. B. All Submittals shall be approved by the City prior to delivery. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS A. Certificates 1. Provide certificate certifying that elevations and locations of improvements are in conformance or non-conformance with requirements of the Contract Documents. a. Certificate must be sealed by a registered professional land surveyor in the State of Texas. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.012I9 Revised December 20, 2012 0171 _'3-2 CONSTRUCTION S'r,,AKING AND SURVEY Page 2 of 4 B. Field Quality Control Submittals I. Documentation verifying accuracy of field engineering work. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 NIAIN,rENANCE (MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY \SSURANCE A. Construction Staking 1. Construction staking will be performed by the City. 2. Coordination a. Contact City's Project Representative at least 2 weeks in advance for scheduling of Construction Staking. b. It is the Contractor's responsibility to coordinate staking Such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes furnished by City. b. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor's neglect, Such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. The cost for staking will be deducted from the payment due to the Contractor for the Project. B. Construction Survey 1. Construction Survey will be performed by the City. 2. Coordination a. Contractor to verify that control data established in the design survey remains intact. b. Coordinate with the City prior to field investigation to determine which horizontal and vertical control data will be required for construction survey. c. It is the Contractor's responsibility to coordinate Construction Survey such that construction activities are not delayed or negatively impacted. d. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. 1) City shall perform replacements and/or restorations. 3. General a. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work as it progresses for Project Records. b. The Contractor will need to ensure coordination is maintained with the City to perform construction survey to obtain construction features, including but not limited to the following: l) All Utility Lines a) Rim and flow Iine elevations and coordinates for each manhole or junction structure 2) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Every 250 linear feet CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project 1\10.01219 Revised December 20,?012 017121 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 1 (2) Horizontal and vertical points of inflection, curvature, etc. (All Fittings) (3) Cathodic protection test stations (4) Sampling stations (5) Meter boxes/vaults (All sizes) (6) Fire lines (7) Fire hydrants (8) Gate valves (9) Plugs, stubouts, dead-end lines (10) Air Release valves (Manhole rim and vent pipe) (l I) Blow off valves (Manhole rim and valve lid) (12) Pressure plane valves (13) Cleaning wyes (14) Casing pipe (each end) b) Storm Sewer (1) Top of pipe elevations and coordinates at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. c) Sanitary Sewer (I) Top of pipe elevations and coordinates for sanitary sewer lines at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature,etc. (c) Cleanouts c. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work associated with meeting or exceeding the line and grade required by these Specifications. d. The Contractor will need to ensure coordination is maintained with the City to perform construction survey and to verify control data, including but not limited to the following: 1) Established benchmarks and control points provided for the Contractor's use are accurate 2) Benchmarks were used to furnish and maintain all reference lines and grades for tunneling 3) Lines and grades were used to establish the location of the pipe 4) Submit to the City copies of field notes used to establish all lines and grades and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City to verify the guidance system and the line and grade of the carrier pipe on a daily basis. 6) The Contractor remains fully responsible for the accuracy of the work and the 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 City. 9) If the installation does not meet the specified tolerances, immediately notify the City and correct the installation in accordance with the Contract Documents. LIO DELIVERY,STORAGE,AND HANDLING [NOT USED] CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 III 71 ?i - I CONSTRUCI'IUN STAKING AND SURVEY Paac d t-{ 1.11 FIELD I SITE ICON DITIONS [NOT USED) 1.12 WARRANTY [NOT USED] 1'AR'T 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR/ RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 EIELD [OR] SITE QUALITY CONTROL A. It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING[NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3A2 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAN[E SUMMARY OF CHANGE 8/31/2012 D. Johnson CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52, Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.012I9 Revised December 20,1012 O1 7-123- I CLEANING SECTION 0174 23 CLEANING PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division I —General Requirements 3. Section 32 92 13—Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. L3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] L6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] t.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July 1,2011 01 74'_.i- ? CLEANING Page 2 old 1.11 FIELD [SITE] CONDITIONS [NOT USED] L12 WARRANTY [N(.)'T USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [oRl OWN ER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with Surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General t. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised Jnly I,2011 of 712:i-3 CL1iANINCi Page 3 of-t 6. Handle Imperials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, Sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Interior Final Cleaning I. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight-exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. d. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. S. Mop office and control room floors. D. Exterior(Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52, Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July 1,2011 nI74 _'3- t 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 A1'nw.R VIEN'TS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No,01219 Revised July 1,2011 017719- I CLOSEOUT REQUIRENIEN`LS Page I of 3 SECTION O1 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL. 1.1 S t INIARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] L4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July I,2011 u17719-2 CLOSEOUT REQUIREMENTS Pace 2 of 3 1.6 IN FOR NIATIONAL SUBMITTALS [NOT USED 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXANI1NATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 7423. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS City Project No.01219 Revised July 1,2011 01 77 11)-3 JTR REQUIREMENTS I'aac.�of 3 I. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation I. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report(if re(Juired) f. Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR/ RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [o►t] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP[NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE[NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised Rdy I,2011 M7323- I OPERATION AND MAINTENANCE, DA"rA Page I of 5 SECTION 0173 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUNINIARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered Subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00 , All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 '/2 inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 01 78 23-' OPERATION AND MAINTENANCE DATA Paae 2 of 5 d. Drawings I ) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and Fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating e(Iuipment. I) Provide typed descriptio❑ of product, and major component parts of equipment. 2) Provide indexed tabs. F. Cover I) Identify each volume with typed or printed title "OPERATING AND LMAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, cot-relate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: I) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH Sanitary Sewer improvements—Contract 52, Part 3 STANDARD CONs,rRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20.2012 O178-13-3 OPF.RATION:AND,ti,1AIN'I'ENANCE DATA Page 3 of 5 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: I) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes I. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products I) Catalog number, size,composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance I) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures I) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, Shut-down and emergency instructions 3) Summer and winter operating instructions d) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule I) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 01 M23-4 OPERATION AND 41AINTENANCE DATA Page 4 of 3 i. Charts of valve tag numbers, with location and function of each valve j. List of original nuuulfacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required tinder pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts l) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards I) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures I) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking F. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage li. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBiVIITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] t.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.012I9 Revised December 20,2012 01 ?521-5 OPERATION AND MAINTENANCE DATA Paige 5 of 5 1.10 DELIVERY,STORAGE, AND HANDLING [NOT USED] Lit FIELD [SITE] CONDITIONS [NOT USED] L12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 1.5.A.1 —title of section removed CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised December 20,2012 III 78 3()- I PROJECT RECORD DOCUMENTS Page I of d SECTION Ol 78 39 PROJECT RECORD DOCUMENTS P,kRT I - GENERAL. L1 SUMMARY A. Section IncCludes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c, Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALSANFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] L3 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records l. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT NORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July I,2011 OI7X39-3 I'ROJECr R13CORD DOCUMFIXI'S Page 3 ul-1 '2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set mist be taken out for new entries and for examination, and the conditions nuclei- which these activities will be performed, devise a Suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. I) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. CITY OF FORT WORTH Sanitary Sewer Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July I,2011 M'PIP"NDIX GC-4.01 Availability of Lands ® Sanitary Sewer Easement SSE-I • Sanitary Sewer Easement SSE-2 • Sanitary Sewer Easement SSE-3 • Sanitary Sewer Easement SSE-4 10 Temporary Construction Easement TCE-I • Temporary Construction Easement TCE-2 • Temporary Construction Easement TCE-3 GC-4.02 Subsurface and Physical Conditions 4 Geoteehnical Engineering Study No. 131-10-96 (CMJ Engineering, Inc. —April, 2010) GC-4.04 Underground Facilities None GC-4.06 Hazardous Environmental Condition at Site None GC-6.06.1)Minority and Women Owned Business Enterprise Compliance • MBE Special Instructions ® MBE Subcontractor-Supplier Utilization Form a MBE Prime Contractor Waiver Form 9 MBE Good Faith Effort a MBE Joint Venture ® SBE Special Instructions ® SBE Subcontractor-Supplier Utilization Form • SBE Prime Contractor Waiver Form • SBE Good Faith Effort • SBE Joint Venture CITY OF FORT WORTH Improvements—Colitract 52, Part J STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Crh'Proicr/No.Ol 19 Revised July I,2011 GC-6.07 Wage Rates 2013 Prevailing Wage Rates (Heavy and Highway Construction Projects) GC-6.09 Permits and Utilities ® TxDOT Utility Crossing Permit O TxDOT Amended Permit Email • Oncor No Ohjection Email GC-6.24 Nondiscrimination None GR-01 60 00 Product Requirements City Approved Method and Approved Product CITY OF FORT WORTH Soniiat y &ni er Clmiroct S?. Part STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Crt.v Projrr;Nn.0 12 19 Revised July 1,2011 C-4.01 Availability of Lands THIS PAGE DEFT INTENTIONALLYBLANK CITY OF FORT WORTH Swlitury Sell"r Improvements—Contract i?, port 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C,iry Projc(t:Vo.01 9 Revised July I,2011 Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 7/2612012 9.-31 AM D212180173 Y(1LL4 PGS 7 $40,00 Mary Louise Garcia Submitter. AGS SANITARY-8.EWER REHAB CONTRACT 52 PART 3 Doe',#(j.50 Parcel 1734 E.., ,0Ni:;ASTER AVE LOT I 0.BLac'K.4,13 GREAT WESTERN FOODS ADDITION Under Sub6hapt&E of the..Texas Property Code, as amended, the Grantor or the Grantors heirs, succesWr,,,-8r,t ssi6ns'-rnay be entitled before the 10h anniversary of the date of this acquisition to'rep.=6-se th.a--property or request certain Information about the use and any actual progress md`de..--tov`M` fa­'the use for which the property was acquired under this deedleasement/n'am-ed InMrumert4 and the repurchase price will be the price the City paid Grantor In this acqdis!,tidn. STATE OF TEXAS `,.,KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT". ALANIO TITLE COMPANY CI._Y-OF FORT WORTH GF 1-�,—geooy3 sO PERMANENT SEWER FACILITY EASEMENT DATE:6/8/2012 GRANTOR:CONTI RSB, L.L.C. GRANTOR'S MAILING ADDRESS (including Co'Ohty� 1905 WINDSOR PL FORT WORTH,TEXAS 76�1 d-(-rARRANT COUNTY) GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS(including County): 1000 THROCKMORTON ST. FORT WORTH,TARRANT COUNTY,TX-76- 02--' a' "v6*Itjable consideration, CONSIDERATION: Ten Dollars ($16.00) and other g"oad' nd the receipt and sufficiency of which is hereby acknowledg PROPERTY: Being a sanitary sewer easement out of Lot IR-2 6pk'1,R, Great Western Foods Addition, an addition to the City of Fort Worth, Tarrant County, recorded in instrument number D210112876, Plat Records, Tarrant County, Texas�,,�aid L. -,.I -2,conveyed to Allens Inc., by deed recorded in instrument number D210118764, deed`re**cdrds, Tarrant a County,Texas said easement being more particularly described by metesnttdu6ds exhibits for Permanent Sewer Facility Easement 0.293 acres(12,777 square feet) for all intents and purposes. PERMANENTSEWER FACIL"EASEMUIT Rev.ON17J2010 Page 2 of 7 F i I I Grantor,fof tbe"'consideration paid to Grantor and other good and valuable consideration, hereby,:granfs,'sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetuat'easem6ritfor the construction, operation, maintenance, replacement, upgrade, and repair of a I?er;manent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes aii -"Inctd?n6l underground and aboveground attachments, equipment and appurtenances, jQcluding•,:bui'•not limited to manholes, manhole vents, lateral line connections, pipelines, junction bdxes in upon, under and across a portion of the Property and more fully described in Exfiibt`"A°.,attached hereto and incorporated herein for all pertinent purposes, together with the at any and all times to enter Property, or any part thereof, for the purpose of eonstrijctipg•operating, maintaining,replacing, upgrading, and repairing said Facility. In no event shall Grantoe'(1)•q�e'the-troperty in any manner which Interferes in any material way or is inconsistent with ttie rights,-granted hereunder, or(11) erect or permit to be erected within the easement property a; p6rman :;structure or building, including, but not limited to, monument sign, pole sign,' ent•Oill6oard;-- r' .,or masonry fences or walls or other structures that require a building permit. 'HoV�e4err'Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway;'road or parking lot across the Easement Property. Grantee shall be obligated to rest(0 6�I'''e surface of the Property at Grantee's sole cost and expense, including the restoration=of:arry idewalk's,driveways,or similar surface improvements located upon or adjacent to the ,asemsrf',6act'which may have been removed, relocated, altered, damaged, or destroyed as'._a:result,.df the Grantee's use of the easement granted hereunder. Provided, however, that.:•Grarifee shail.rnot be obligated to restore or replace irrigation systems or other improvements•I'nstalled tn•violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-descrbedf•easement, together with all and singular the rights and appurtenances thereto in anyway belonging-unto Grantee,and Grantee's successors and assigns forever; and Grantor does hereby-bind'itself,and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully Glairriirltj or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns igdudi:the plural. [SIGNATURES APPEAR ON THE FOLLOWNPa-7PAGE] r` r -_ PERMANENT SEWER FACILCIY EASEMENT Rev 0511212010 Page 3 of 7 i r GRgNTO_R .GoiltI RSB,L.L.C. GRANTEE:City of Fort Worth A Texas Lirtiited'L�ability Bruce Conti,iM ,pSgr...:r" Fernando Costa Assistant City(Manager r' APPfIOVED AS TO FORM AND LEGALITY Assistant City Attome -ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authefy, a-Nofary Public in and for the State of Texas, on this day personally appeared otx-Q onC known to me to be the same person whose name is subscribed to IM foregoing instrument, and acknowledged to me that the same was the act of Coti'f7 "13. ::�.c.•.'`.• and that he/she executed the same as the act of said 4wx &SCE.I Lc.,:" - for the purposes and consideration therein expressed and in the capaq!y.,therein stated. GIVEN UNDER MY HAND AND SEAL OF 6�171d�t*his, /j f�- day of • ' r �tl lie 20L _ r Notary Publican and-for.fhe State of Texas AMAkwiAN}'AJSHUHN Notary Pu60c.,Stare of i�xas MyCorrjmissfvn"Sxplies May 29,-.2013; ;::• PERMANENT SEWER FACILITY EASEMENT Rev 05/12/2010 Page 4 of 7 ACKNOWLEDGEMENT STATE OF:TF--,A$...,. § COUNTY 0::,,'ARRANT „§ `�EFQR IvtF;,;the undersigned authority, a Notary Public in and for the State of Texas, on this day personalty-4ppeared Fernando Costa,Assistant City Manager of the City of Fort Worth,known-to me to;.taa-the same person whose name is subscribed to the foregoing instrument, and acitnowfedg,Ed fp'1be that the same was the act of the City of Fort Worth and that he/she execute( the�safne.as the act of the City of Fort Worth for the purposes and consideration therein ei p[esspd ai nd in the capacity therein stated. GIVEN UNDER MY:NAND;AD SEAL OF OFFICE this day of OaryPublic in and for the State of Texas EWNIADAIias 4YCOr,MISSIONEXPiRES Juy 10,2013 ' r %' fir- •5 i PERMANENT SEWER FACILITY EASEMENT Rev 05/12/2010 Page 5 of 7 REAL PROPERTY DESCRIPTION HF(NG_A SANrTAI(Y SEINER EASEMENT OUT OF LOT I R-2,BLOCK I-R,GREAT WESTERN FOODS ADDI•PIDNi'AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS.AS RECORDED IN I�lSTRbNIENT NUMBER D210112876,PLAT RECORDS,TARRANT COUNTY,TEXAS,SAID LOT IR-2, CONVEYED T.O',ALLENS)NC, 13Y DEED RECORDED IN INSTUMENTNUMBER D210118764,DEED RCCORD7 ,;I-AR$ANT COUNTY,TEXAS.SAID EASEMENT BEING M1dORE PARTICULARLY DESCRIBkD BY METES AN ID BOUNDS AS FOLLOWS: CcromgGIj4G A,r'.j 5/8 INCH IRON FOUND IN THE NORTHEASTERLY LINE OF SAID LOT 1R-2, AND SOUjI{;9E53 AL't 'RIGIi: OF-YJAY LINE OF U.S. HIGiMA'i V0, 287 (A VART_AB;E 4:IDTH RIGHT-OC-GItAY):FOR ';HE BEGINNING OF A CURVE TO THE LEFT; THENCE 3.7Z FE6T.PO?"TH COMMON LINE OF SAID LOT 1R-2, AND U.S, HIGRt9AY NO. 287, AND THt•A&C,a� 3ti'<ID„CURVE TO THE LEFT THROUGH A CENT-AL ANGLE OE 00 DEGREES 02 rizNpTcC;•I'4;: cOtil7s WITH A RADIUS OF 5661.58 FEET, A TANGENT LENGTH OF 1.89 FEET AND:A CHORD CIHZCH BEARS NORTH 43 DEGREES 30 MINUTES 14 SECONDS 47EST, 3.77 FEET T'0,.: HE:Pc7T24T OF BEGINNING, THENCE DEPARTIPG 'SAiD.:C01•(NON LINE, SOU Ii 34 DEGP.EES 11, MINUTES 59 SECONDS ',MST, 30.47 FEET; THENCE NORTH 55 DEGREES 48 MSNOTES:.UL SECONDS WEST, 273.54 FEET; THENCE VORTII 34 DEGREE3, II`;(41W)TES' 59 SECONDS EAST, 50.00 'FEET; THENCE SOUTH 55 DEGREES 4&'MI,NUTF,S�T11 SECONDS EAST, 193.02 FEET TO THE COI;r;ON 1,114E OF SAID LOT 1R-7_, .4rID•„G'.9':"1r3GH�?AY NO. 287, AND THE BEG!' TO THE RIGHT; NIQTI'7G OF A CURVE THENCE 95.54 FEED WITH THE COh1MON,1.114E IQF'SAID LOT 11-2, AND U-S_ HIGHWAY NO. 287, AND THE ARC OF SAID CURVE•{CC) •TBE.,•RIGHT THROUGH A CENTRAL ANGLE OF OC DEGREES 58 MINUTES DI SECONDS t•I1JTH pi'RADIUS OS5661,58 FEET, A TANGENT LENGTH OF 47.77 FEET AND A CHORD S4HICH bniRS 5OUTH`44•,'DEGREES 00 MINUTES 24 SECONDS EAST, 95.54 FEET TO THE POINT OF BEGINNING ApNP CONTATNTNG 12,771 SQUARE FEET OR 0.293 OF AN ACRE OF LAND, MORE OR LESS: `•. i` ,t i� A N A Consultants,L.L.C. Page i 00 133)Airport Freeway,Suite 410 Euless,TX 76040 REVISION: 09-21-11 r" ' Page 6 of 7 Jnte;Sucvcycd orr'ihe ground March of 2010 Notc:Bearings are rglative to True North obtained from Global Positioning Satellite System(UPS)Ohscrvations.North American Uuturii(9R3'(N.1p3)).Texas State Plane Coordinate System,North Central Zone Note:lnticcurdaiico with the Texas Board of Processional Land Surveying General Rules of Procedure and Prncticcs.663 19(9). this`Repo'coniislt of the Real Property Description included herein and the MnP of Survey auached here..ith Note:lti'accorf;mcclvith tin:Texas Board of Professional Lund Suncying General Rules of Procedures and Practices,663 19(7), 'The ciwd'instrunf;nts yre not necessarily the current ottnars of the subject propen}.but are the documents containing the dcscripdnns.of thcboundarics as surrcvcd. EOWMO K.KHALIL..r ... � _SURJ J - :1 ,r •. r' r 1 A.N.A.Consultants,L.L•.0 ' 1331 Airport Freeway,Suite 410 Page 2 of2 Euless,TX 760110 _ REVIS[ON: 09-21.11 .,r• r� . •l t `r. Page 7 of 7 i i +om`�IAlt1ID a MC cnpn,O mn X110. IAiltt CCA n"AA[mAnmurl:C s u(C S)va 0{IAIARr%rADU","Atv(gl +ANV.Ya10 T(RA 3 .IM (7T)t'Imt 1011 rrpinr Au(pKAH OAAC 17U(llA0 171 f[R.AT pCtrM Of C 1CNC I.019 1l AC'C410ANCE v 11K Z]IAS 1.0 CF m 4111, LANO LtnAEnkO "S at RU.ti a�ROC(Wnti t1 MtQ 1tS,SA111(►),rAS•A[iaRY „ cars6tS(•ME 4W Cr:JR1ET!ligCO IrCM7N LW A a(K a'l10(CR fT GCSCRypM.AItAOICU l"tlrnt Fg1U N-CCOrNANCE r N DIE ILXAS ODAAO Dr)ACIESS73NAL LAW SU"MQ CCHt11N.I Icz Or In=—"Nr0 tAACTCUO,p6f.lA{»,-nK 01(D HSn MtT AN(Wt-(C(SSAnt M(CUM(NT 00"S W nr[`.AIS-CC( rnC4LRTi•OUT ARC-E 000WDITS CV t—NO MC CESCRrrn�n a,ME pMNAA+CT A5 SLmtY[D• •t • ,'� 1'..30 5e 100 GRAPHIC SCALE IN FEET E ` 06 :•u"z;tiyi�1� - "\\��`••w ems•- s;va,t[,.[t r__E r;•,- i0 iE r-s.iwa' ` 3. '.'. pry A-go,5$Dr R-66614' LOT IR-n `T,j "sue\ .C.-S 7' 7 LKDUC 1-a :�' •� L.0•S 44'00'24•E r GREAT VIESTERN FOODS .• 4551• A001ROrr VISTRUMENTF D21011237G _ App.-I 0-w. ;Poo All eni ft y, 305 E Z,St , PC—Spthyi Ar POC 7 2 761-32 31 _-•` $3i•11•5S'w, PIV.ly Atlartst: l SAktTj7{Y$E1TER J0.47' �^,E 1734 C Lwcefttr Ar Fdt -•'CASFJ2FJtT vrerin .'•1?,777$0 FT•I- D.R.LT. o21QI101OA r D.R.T C.T. 6 00.02 17' R•5661.$8' °•` 4J.77• �... / L C-N a 7 70' ' ri 37TH 1 t. 5951 EXHINT SHOWING A VARIABLE WIDTH SAMYARy''SE-YE. EASEMENT OUT Eo1rARp N K/IAA7L-aPl.9,7s9st LOT IR-2, BLOCK I:R ,. •. GRAT WESTERN FOODS AOD}TIOM^ 'IAMIARY SEWER SSC•1 5 !d r FORT WORTH 00c rm L6500 A7 CASTEi AVE TARRANT COUNTY, TEXAS OAtE t ,FDj(T WORTH,TEXAS ORAWIt DC JSW '•••'• OAT[ 05131AI AM A CcklsyLTANItS,:(1„C,•::� DuG NO.: SSt-1 Covarelr OI/cL.•. 7777N 13J1 a�41vt te:bf• .rt: n'. A,H.A.PROJECT HO.I 090690 rL1L 11.4ir" CNm,11 740A0'• - REVISED:09-21-11 01Rca(e17)333:930Q,+', ror.(ell)n 11.48 I nrw:;an 7rosA•� •' j Page 1 of 7 Electronically Recorded Tar rant County Texas 01ficial Public Records 7/26/2012 9:31 AM D212180174 �. PGS 7 :340.00 Mary Louise Garcia Submitter. ACS SANITARY.SEWER REHAB CONTRACT 52 PART 3 Parcel 2, 1734 E;.LANCASiER AVE LOT IR2 13LO.CK...1R GREAT WESTERN FOODS ADDITION Under Subchaptef_t of the Texas Property Code, as amended, the Grantor or the Grantor's heirs, successor's;or assigns'-.may be entitled before the 10' anniversary of the date of this acquisition to 'rgppxfi�se the--property or request certain information about the use and any actual progress made;:tokkard-••the use for which the property was acquired under this deed/easement/n3med lnstrumeRt,, and the repurchase price will be the price the City paid Grantor in this acqufsitior STATE OF TEXAS -' § §` '.KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT" ALAMO TITLL C`0MR-ANY" .'`CIT`(_OF FORT WORTH CaF�!0000�7 s�9J'�-LS D PERMANENT SEINER FACILITY EASEMENT DATE:06/08/2012 GRANTOR: CONTI RSB,L.L.C. , GRANTOR'S MAILING ADDRESS(including Cou6ty� 1905 WINDSOR PL FORT WORTH,TEXAS 76�.10�-TARRANT COUNTY) GRANTEE: CITY OF FORT WORTH i GRANTEE'S MAILING ADDRESS(including County).,. 1000 THROCKMORTON ST. ! FORT WORTH,TARRANT COUNTY, T:7610Z•,"'--. CONSIDERATION: Ten Dollars ($10.00) and other gciod and:,valuable consideration, the receipt and sufficiency of which is hereby acknowledged: PROPERTY: tieing a sanitary sewer easement out of Lot 1R-21•.1316ck-1-f , Great Western Foods Addition, an addition to the City of Fort Worth, Tarrant County,Texas-•a$ recorded in instrument number D210112876, Plat Records,Tarrant County,Texas;.sajd Lqt-1 f.2,conveyed to Aliens Inc., by deed recorded in instrument number D210118764, ftef recdrds, Tarrant County,Texas said easement being more particularly described by metela a bpurids exhibits for Permanent Sewer Facility Easement 0.029 acres(1,281 square feet)a Cl7 d heretp for all intents and purposes. PERMANENT SEWER FACILITY EASEMENT ' Rev 0 511 2/20 1 0 Page 2 of 7 I; I Grantor,IT r. the consideration paid to Grantor and other good and valuable consideration, hereby__granta, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual..easerrient for the construction, operation, maintenance, replacement, upgrade, and repair of a.Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes'''all' inoidgptal underground and aboveground attachments, equipment and appurtenances'ph'cIudl-ng, but not limited to manholes, manhole vents, lateral line connections, pipelines, j6Qtlon'boxes in, upon, under and across a portion of the Property and more fully described in Exhibif "A"-•affached hereto and incorporated herein for all pertinent purposes, together with the rightd.pr ivilege at any and all times to enter Property, or any part thereof, for the purpose of Gonstruoting; operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor(I)use,06 Property in any manner which interferes in any material way or is inconsistent YMR-the••rights granted hereunder, or(11) erect or permit to be erected within the easement property,"a• permanent structure or building, Including, but not limited to, monument sign, pole sigh,,billboard;brick or masonry fences or walls or other structures that require a building permit_; hlowever, d6ntor shall be permitted to install and maintain a concrete, asphalt or gravel drrryeway,,.road or parking lot across the Easement Property. Grantee shall be obligated to-rd'storp,-fhe surface of the Property at Grantee's sole cost and expense,including the restoration of'any sidewalks,driveways, or similar surface improvements located upon or adjacent to the t--aserrlepf;Tract which may have been removed, relocated, altered, damaged, or destroyed gs; ;;resylt o0he Grantee's use of the easement granted hereunder. Provided, however, tQ Grantee shall not be obligated to restore or replace irrigation systems or other im prove m'egts n's`ta112d in violation or the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described'easemdnt, together with all and singular the rights and appurtenances thereto in anyway belongingrunto Grantee,and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular%the easement unto Grantee, its successor and assigns, against every person whomsoever Ia�Lf IV.*.eraimin� or to claim the same, or any part thereof. When the context requires, singular nouns and prorilcrJr"kide:the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] .t i PERMANENT SEWER FACILrn'EASEMENT Rev.0511212010 Page 3 of 7 I I I GRANTOR:Q nti RSB,L.L.C. GRANTEE:City of Fort Worth A Texas l imitecl..Liability Bruce CoM1,.,Migna�e Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY �I t t Assistant City Attornisy ' ACKROWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersign d authorittyy, a Notar} Public in and for the State of Texas, on this day personally appeared Lit-c6� .jCV-6-t-il known to me to be the same person whose name is subscribed to'thedoregbing instrument, and acknowledged to me that the same was the act of t'CS 6- C't G and that he/she executed the same as the act of said 2S6, '' Gam' for the purposes and consideration therein expressed and in the cappcity-theWn stated. t =' GIVEN UNDER MY HAND AND SEAL OF OFkICE�Fais day of Ott ne 20L Notary Public•itt and..(orlhe State of Texas s'•.•`ANIANDArLYNN vinsHUHN �" hkitary,?ubHc,'SlgteofToxns ;tvtyGo'q ,�wn,Explros ?tdpy9i2Q]J PERMANENT SEWER rACIL[Y EASEMENT Rev 0511212010 i' Page 4 of 7 r i j ACKNOWLEDGEMENT STATE•,4F.TOAj § COUNTY bF,T%kf2R 4t iT § BIrFdR ..ME,the undersigned authority, a Notary Public in and for the State of Texas, on thisl.daypersonalfy..appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, kri6wrf to.rne=to'b'e the same person whose name is subscribed to the foregoing instrument, and a�knoG�leBged-tg:me that the same was the act of the City of Fort Worth and that he/she executed.the �,arcm'as the act of the City of Fort Worth for the purposes and consideration therein,expressed'and in the capacity therein stated. GIVEN UNDER MYHANDAND SEAL OF OFFICE this day of otary Public in and for the State of Texas . r ;.. �'� EVONIq DANIECS '.' tlYC4 1Dr2013 P�Es •. 1 t• ct PERMANENT SEWER FACILITY EASEMENT Rev 05712/2010 f.:" Page 5 of 7 REAL PROPERTY DESCRIPTION UEING A-' AN}T.ARY SEWER EASEMENT OU'I OF LOT IR-3.BLOCK I-R,GREAT WESTERN FOODS ADDI,T[0N,.AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUNTY,TEXAS,AS RECORDED IN.INSTRdMEN7 NUMBER D210112376.PLAT RECORDS,IAWUNT COUNTY,TEXAS,SAID LOT 1 R-2, CONVEYED'TO'tALLENS INC, BY DEED RECORDED IN INS TUMENT NUMBER D210118764,DEED R6.'ORf3S,TARRANT COUNTY,TEXAS,SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES ANQ 13D,UNDS AS FOLLOWS: t CO23t�uNC?NG'AT."h,.t�AILROAD SPIKE FOUND 1N '.'HE SOUTH RIGHT-OF-41A't LINE OF EAST LANCASTE[ �i`$E6T .(VARIABLE WIDTH RIGHT-OF-WAY)FOR THE NORTHWEST CORNER OF LOT 1R-1, BLb,-_I 1- tiT R;'.GREAT 41ESTERN FOODS ADDITION, AN ADDITION TO THE CIT? OF FORT 7JORTII, SARILA34 CVUY --TEXAS, AS RECORDED IN INSTRUMENT NUMBER D210101560, PLAT RECORDS, 'TARRANT COUNTY, 'rZXAS, ANO THE NORTHEAST CORNER OF LOT 1R-!, BLOCK 96- R, TEXAS AND•..PAeFYC Rki•I;WAY COMPANY ADDITION, AN ADDITION TO TtIE CTTY OF rOR'T ;VORTH, TARRANT OUNFd.;: cY,AS, AS RECORDED IN CABINET A, SLIDE 2777, pc ,AID PLAT RECORDS; THENCE SOUTH 00 D'Z(;RI;.E'S';4.1`•tnINUTES 10 SECONDS EAST, 98.47 FEET WTfH THE CObit•ION LINE OF SAID LOT 1R-*i-:'HLpek 1-R AND LOT 14-1, BLOCK 96-R, TO THE SOUTM,IEST CORNER OF SAID _OT 1.R'-1,."noci< 1-R, AND THE NORTyPIFST COR14ER OF SA=D LOT lR-2, ALSO BEING THE POZN1, Oh`;I3EGINISNG; THENCE SOUTH 84 DEGREE$ 30 vfLRb E1 'if) SECONDS EAST, 1-_09 FEE-7 `4I TH THE COMMON LINE OF SAID LOT 1R-1, THENCE SOUTH 00 DEGREES 41• ,Ii47TE5:.p SECONDS EAST, 94.59 FEET; THENCE SOUTH 89 DEGREES 17'^STtJUTES 29 SECONDS WEST, 15.00 FF;F.; TO THE COI'Itk1011 LI14F OF LOT 1R-2, AND LOT LRz _•at.oCN 96 R' THENCE SMITH SAID CM-MON LINE, &liRTfi' 00,6EGREES 41 t4TNUTFS 10 SECONDS 4,EST, 96.22 FEET TO THE POINT OF BEGINNTNG.'AND CONTPI NING 1,281 SQUARE FEET OR 0.029 OF A14 ACRE OF LAND, MORE OR LESS::, i r t A.N.A.Consultants.L.L.C_ t Page 1 of2 1331 Airpon Freeway.Suite 410 Eulcss,TX 76040 ^REVISION: 08.31-11 Page 6 of 7 Netdi Surveyed gn9he ground March of2010 Note:pearings ore reJmive to True North obtained from Global Positioning Satellite SyStcm(GPS)Observations,N oil h American datan`19U-J- ALY'83),T'cxas Slate Plane Coordinate System.Nonh Cenral Ztme. iiJote:Iry d&orda'nce with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices.663 1919). this"Rcpor3:•'con5iil3 of the Real Properly Description included herein and the Mup of Survey attnched herewith, rot :arr Scenrdanee;ivi h the Texas Board of Professional L and Surveying General Rules of Procedures unit Practices.663 19(7). The citcoS nsirumcnts'are not necessarily the current otmers of the subject property.but art the documents cunlaining the de+criptibns,of iho 6uadudes us surveyed F r -� Eowue0 terour.a v......595)......Y.. o =� URV 4 �J4 ♦r A.N A.Consultants,LAX. Page 2 ofl 1331 Airport Freeway,Suite 410 Euless,TX 76040fZVISION: 08-31-11 4�r' t, •4 :S Page 7 of 7 IIOTCA$tMTY[TCO pl THE LAdfNO uM01 1010. INfG O[MM6!AIc."t"10 1>v N) COMA inC 1 ROaF( rroanawc S.wwrt Srs Ttu lt>ri)CLS(RVAn011t.IrOAM A4IAKAl1 UAt1AA 1111(HAO'OSy.ICW rrdlM EC14MAC 2LYr[. �• j kolU a,tK"ili(N+Aril).TEXAS I aOMD Or"orTS.90AAL Wr0 SLsrAN4 -• co �(n+tuAfM or xA�}C'f r HajnCo 14"Ma A A0CAAL"�[ATt NO tLT AI ACYVI0AM2 AIM TNC fC2Ai 00A{0 a Pilt)'670u0(W' c Oro _.-- `-•` H$mw AIALS d'Dt10C(DUACS AN0 P+Mttiss2.11m7s o•ni Cu cr fn} g0r1S y NOT t o0cuutur 1 c C(A11'(21t Koc lX MC;cr TK ` rrloDLntY,8U1 ArC n+t OCNv0111 CPitAM«6 ttK OCSGI►T+OrK Cr nS FR SLE '"lJ• Apyy�rl a+� ' 'r\• toy IR-1 n..t N NwD•(wlnsllr �'; 1-4 a1fAt"(SRAN lCC07 Ap0T1pr I b pA +nODCStD•S Sual+a_% rol)w1w t.M1011I127 i(+Ca;AS(Ki' 0 7 00C 1 IIOIDr540 Afdv« } Pn,T jr -"t � � r�«U Ira.twlelh Wli ff� _� tea0 C t...tw AN "'...•.•_ t—T.16192-a7Ao n—wl r A[tl,e1« •'••'tat SB4' C IP.TPII«A.Y,r«I OL00C 9a-R TwN < 30'�0"E N.Irvmmu 02101190Ta ,.'tLYh{"AND DACTC A.n.FAY y5.09, PAiCi., fWIMY Ap01 tr/! ,'f unTC1 A.S 277r D..Try __ N W •�� N 0 tl tp 15'Y00C SANIrARY SEWER EASEMENT O c 1231 50 FTJ- 0 a000+Ri V) CUEAT MSR2M 44S 40TCH ,%TM0.ENT1 011 W1283 Cry 0 M.T GT co I 2 i;EaTa'"AS 4E;s.xz[aSa - +i T'{• 1 70 :RV 1 GC f S A C•a a9c"SCE'E!7 L.gp. ..._ "�. •.T GRAPHIC SCALE IN FEET _ "Tm,,,sw%+n M niawvt £ OF ri`�°+Ei w-tw AM,rwt w«lA N � � Pil,iC fa � �p-�r EXHIBIT ""BURY SHOWING`'A,•" ✓ A 15' WIDE SANITARY SEWER j EASEMENT OUT.OF,; LOT IR-2, BLOCK t-R `•'- TDHAAO IL XHAM 2LP2-s IN31 GRAT WESTERN FOODS Vol ION , FORT WORTH 1 0 AIATW 5500 ER SSE-2 DATE TPRRANT COUNTY, TEXAS t 1711 E.LANCASTER AVE l YCRT wORTH,1EXA3 DNAnH lit Aw A AN A CC1a,$VLThNTS,Lid '^ DATE: Oa/31/11 Cepw►tr 9rM1e! tui41�D^°6 a i�t •r0 Ono N0.T SSC-1 rO— - ,VtA.PN0.ECT HO.T 0069D �� FAe(at I)]JYDSSS;� •�, • Electronically Recorded Tarrant County Texas rn'Mcrat Public Rccerdc Oil 0t20123:42Pta 0212221912 SANITARY SE&O tl!0} 9 0N�TRACT 52 pjCkF T 3 T See 00 Deo 11 G5P0 t,fary Louim Garcia 30m4eec ACS Parcoi 3 0000 E.LANCASTER AVE LOT 1R-1 BLOCK 1•11 GREAT WESTERN FOODS ADDITION Under Subchaplor E of the Texan Propmty Code,no amended.the Gronlor or Iho Grnnler o halts,cuccoscars,or assigns may be antillod before Iho 10"anniversary of the data of this acquisition to repurchase the property or request certain Information about the use and any actual progress made 10VO d the use for which the property vas acqufrad under this dnedleasemenUnamod Instrument. and [he repurchase price will be the price the City paid Grantor in this acqulsl0on STATE OF TEXAS § 5 KNOW ALL MEN 13Y THESE PRESENTS COUNTY OF TARRANT g ALAMO TITLE COMPANY CITY OF FORT WORTH GF/�/Oa O 3�a?S /1 PERMANENT SEWER FACILITY EASEMENT LDAL /dP DATE:0412712012 GRANTOR:FORT WORTH TRANSPORTATION AUTHORITY GRANTOR'S MAILING ADDRESS(including County): 1000E LANCASTER FORT WORTH,TEXAS 70102.6720(TARRANT COUNTY) GRANTEE:CITY OF FORT WORTH GRANTEE'S NAILING ADDRESS(Including County): 1000 THROCKMORTON ST. FORT WORTH,TARRANT COUNTY,TX 76102 CONSIDERATION: Ton Dollars($10 00)and other good and valuable consideration, the receipt and sufficiency of which Is hereby acknowledged. PROPERTY: Being a onnilary amver casement out or Lot 1R•1.Bloch 1•R.Great Western Foods Addition,an addition to the City or Fort Worth,Tarrant County.Texas,as recorded in instrument number 02101D1569,Plat Records,Tarrant County,Texas,said Lot)R-I;Gonyoyed to The Fort Worth Transpodallon Authority, by deed recorded In Instrument number D210110370. dead rocotds,Tarrant County,Texas said easement being more particularly described by malas and bounds exhibits for Permanent Sewer Facility Easement 0029 acres (1,269 cquoto fool)aftochad hernia for all tntonla and purpooea n'ALW(rin atW ea FACK."EMIELVR Rel ffJtY.U10 SANITARY SEWER REHAB CONTRACT 52 PART 3 Doe#6500 Parcel 3 0000 E. LANCASTER AVE LOT 1R-1 BLOCK 1-R GREAT WESTERN FOODS ADDITION Under Subchapter E of the Texas Property Code, as amended, the Grantor or the Grantor's heirs, successors, or assigns may be entitled before the 101h anniversary of the date of this acquisition to repurchase the property or request certain information about the use and any actual progress made toward the use for which the property was acquired under this deed/easement/named instrument, and the repurchase price will be the price the City paid Grantor in this acquisition. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § ALAMO TITLE COMPANY CITY OF FORT WORTH GF %1j0000D 3 f Fy S, PERMANENT SEWER FACILITY EASEMENT /'x DATE: 04/27/2012 GRANTOR: FORT WORTH TRANSPORTATION AUTHORITY GRANTOR'S MAILING ADDRESS (including County): 1600 E. LANCASTER FORT WORTH, TEXAS 76102-6720 (TARRANT COUNTY) GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a sanitary sewer easement out of Lot 1 R-1, Block 1-R, Great Western Foods Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in instrument number D210101560, Plat Records, Tarrant County, Texas, said Lot 1R-1,conveyed to The Fort Worth Transportation Authority, by deed recorded in instrument number D210119378, deed records, Tarrant County, Texas said easement being more particularly described by metes and bounds exhibits for Permanent Sewer Facility Easement 0.029 acres (1,259 square feet)attached hereto for all intents and purposes. PERMANENT SEWER FACILITY EASEMENT Rev 05/12/2010 Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, pipelines, junction boxes in, upon, under and across a portion of the Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. in no event shall Grantor(1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (II) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement, TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] PERMANENT SEWER FACILITY EASEMENT Rev.0 511 2/20 10 GRANTOR: GRANTEE: City of Fort Worth Fort Worth Transportation Authority -:5 Ric rd . Ruddell, President/Executive Director Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY ?,/ r� Assistant City Attorn` y ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersi ed authority, a Notary Public in and for the State of Texas, on this day personally appeared MAJ-d RuLJQ/2 , }mown to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day day of 20 IJ- v pE1AA iNAMN arrmom AfYC0MMISSIONEXPIIIEs Notary Public in and for the State of Texas c PERMANENT SEWER FACILI iY EASEMENT Rev.05/102010 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY NAND AND SEAL OF OFFICE this_ day of 20 - otary Public in and for the State of Texas '"' \tY Ci;f9-0.1155.7N G".pl;¢c ..... J;ra 10,,013 PERMANENT SEWER FACILITY EASEMENT Rev 0 5/1 2120 1 0 I'I IE TORT 1VOlt at'rR:1NSPOR rATION ,wTl IOR7rY C0F1V DOE U6500 173.1 E I ANCASTER AVE SAKI i'AR1 -SEWER L'ASEh7L•NT ssE-3 FORT WOR I'H,'I EXAS { LOT 1R-1,BLOCK 1•R GREAT WESTERN FOODS ADDITION TARRANT COUNTY,TEXAS REAL PROPERTY DESCRIPTION BEING A SANITARY SEWER EASEMENT OUT OF LOT IR-1,BLOCK 1-11,GI(EA I WESTERN FOODS ADDITION,AN ADDITION TO THE CITY OF FORT WORTH,TARRANT COUN I Y,TEXAS,AS RECORDED IN INSTRUMENT NUMBER D210101560,PLAT RECORDS.TARRANT COUNT Y TEXAS,SAID LOT I R-1, CONVEYED TO THE FORT WORTH TRANSPORTATION AUTHORITY, BY DI.I:D RECORDED IN INS`fUhIENTNUMBER 13210119373,DEED RECORDS,TARRAN i'COUNTY,'1'I:XAS,SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FULL OWS: CMIENCING AT A RAILROAD SPIKE FOUND IN TIIE SOUTH RIGHT-Gc- AY LINE OF EAST IANCASTER STREET (VARIABLE WIDTH RIGHT-OF-WAY) FOR THE Hui' :::TEST CORNER OF SAID LOT lR-I, BLOCK 1-R, AND THE NORTHEAST CORNER OF LOT 1R--,, .-LOCK 96-R, TEXAS AND PACIFIC RAILWAY COI•IPA14Y ADDITION, AN ADDITION TO THE +.' .Y OF FORT WORTH, TARRANT COUNTY, TEXAS, AS RECORDED IN CABINET A, SLIDE 27 , PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 00 DEGREES 41 (1TNUTEB 10 SECO14DS EAST, 11.37 ET WITH THE COMMON LINE OF SAID LOT IR-1, BLOCK 1-R AND LOT IR-1, BLOCK 96-P., 7 PILE POINT OF BEGINNING; THENCE SOUTH 62 DEGREES 53 MINUTES 27 SECONDS EAST, t6.9; LET; THENCE SOUTH 00 DEGREES dl I.IINUTES 10 SECONDS EAST, 80.0: FT TO THE CONIJON LINE OF SAID LOT IR-1, BLOCK i-R, AND LOT 1R-2, BLOCK 1-F., 'BEAT WESTERN FOODS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT •: ITY, TEXAS, AS RECORDED IN INSTRUMENT NUMBER D210112876, PLAT RECORDS, r--,—NT COUNTY, TEXAS; THENCE NORTH 8d DEGREES 30 MINUTES .10 SECONDS WEST, 15.05 -'"ET TO THE SOUTHWEST CORNER OF SAID LOT IR-1, BLOCK 1-R, AND THE NORTHWEST CORI;'-. OF SAID LOT IR-2, BLOCK 1-8, AND THE EAST LINE OF SAID LOT 1R-1, BLOCK 96-R: THENCE NORrH 00 DEGREES 41 1•IINUTES 10 SECONDS WEST, 87.10 cT TO THE POINT Or BEGINNING AND CONTAINING 1,259 SQUARE FEET OR 0.029 OF All I• 'RE OF LAND, (•TORE OR LESS. A.N A.Consultants.L.L.0 Page I aft 1331 Airport freeway.Suite 410 Euless.TX 76040 REVISION: 08-3 r-1 1 Tt IH FORT WORTH TRANSPORTA fiON C O F W DOE d 650U AUTHORITY 1734 F.L\NCASfERAVE SANHAR1 SEWER EASEMENT SSE-3 FORT WORTH,TEXAS LOT IR-I,BLOCK I-R GREAT WESTERN FOODS ADDII ION TARRANT COUNTY, TEXAS Notc:Surveyed on the gruund Mauch of lolu late:B01finys tee relative to True North obtuitlLd tram Ginbul Positioning Satellite System itrl'�t Observations,Nash American Dutom 1983(NAD*84 Texus State Plane Coordinate System,North Central"lone tr Note:In uccordance with the Texas Board of Pro i fesslonul 1=d Surveying General ttrles of Pru.tllarc8 and Practices.663 19(9). this'Report"consists ofdto head Property Description included herein and the map,of Survuy,ut i,tied berewiur Note:In aecaninree with the Texas Board of Professiontd Lund Surveying General Rutas ai,l'r.t.e.huca and Practieet.663 19(7). Tire cited instruments urn net necessarily ate current ow7tets of the subject property,but an thv documents containing the descriptions of the boundaries as surveyed. /r tE.OF rF S r fRe,f ` ........ EDVJM0 K,ttrtu.tt. .................. ...ti... =.4 5951 (3 U SRO A.N A Consultants.L L.C Page ad,� 1331 Airport Freeway,Suite,l IQ Euless,'TX 76040 REVISION: 09-31-11 110IC SURLENEo GN IHE cuoutiO UAncn 2010, 1101E BEARINGS ARE RELATIVE TO ME 11111111 OOATA'110 FROtt 0.00AL P0SI710N:N0 SAtEWTE SYS7TM (GPS)COSERVARONS.tIORIH AMERICA I OMEN, 1963(NAO-03). TEXAS NORTH CENTRAL.COtiG )TOTE: IN ACCOROANCE'AIIH WE TEXAS DDARO OF PRCFE5S40NAl LAND SURIEYVIO GI:NDIAL RULES OF PROCEDURES AIM PIIAGnCLS,663AS(9), THIS'RESORT' C01151STS of D.E AIAP OF SURVEY 1NCLLOED HEREIN ANO A REAL PROPERTY OESCRtPRON,ArTAC71ED HEREY,11n IIDTG IN ACCORDANCE'Rini THE TEXAS 0OAn0 OF PROFESS1014A1-LAND SURVEWIG GENERAL RULES OF PROCEDURES At10 PRACTICESO.663.19(7), 'T11E DIED IHSTRUUDITS ARE NOT NECESSARILY ME CURRENT OWNERS OF THE SUBJECT PROPERTY,OUT ARE THE DOCUUEIITS CONTAttnNa mC DESCRIPTIONS OF ME DOUNOARIES AS SURVF.YETI' 0 50 100 GRAPHIC SCALE IN FEET E LANCASTER STREET Poe _ IVARIABLE YIJOTH ROW) r+n"L r 500'41'10`E� S62'53'27'E 16.96' Lot IR-1 P08 o BLOC9 I-R GREAT WfS7ERN FOODS ADDITION Doc 1 210101360 r v 15' WIDE SANITARY o SEWER EASEMENT ApplrMl O.arr 1.259 SO FT-1- 'Q F-1 Worth nensparlotion Au thORITY, MiV 1600 E Lancmlrr Alt Q N Fari Worth Tr 76102-6720 o Prap srty Adderss: z to 17J4 E Lonccatrr AV►,Fort LOT iR-1 I Worlh 0.QIX 96-R InstmmrM7 0210119376 TEXAS AND PAPF1C RAILWAY D.R,T.C,Ts. CoUPANY ADDInDN N84'30'40`W CADWET A.SLIDE 2777 P R.T CT. 15,09' LOT IR-2 BLOCK 1-R Apporcnl O— .. GREAT V5VSTERN FOODS ADDITION Fart Worth Trom AU11wily NISTRULIENTJ 0210112878 PO Box 1477 PR,T C.T. Fat Worih Tx 75101-1471 Proprrty Addrrxa: E L—tv AK For( Wroth 1 Appormt Oxnet, I Anens Inc ( 303EMo6+ 5t 1 'loom Spitn91 Ar 72741-3231 Property Add'r 1734 E Lmcoslxr Aft,Fort Want ( InslrvmmL• 0210113784 i5 SANITARY ( O.R.T C.% I,F EWER EASEMENT CABoiET 0, SLIDE 639 t%�G14T�Rf'ti->` PRTC.T \ 1 ( EDWMD K.KHN.0 a sURV { ti �' EXHIBIT 1,8" SHOWING A A 15' WIDE SANITARY SEWER EASEMENT OUT OF EDWMD K KHALIL- RP.L.S. J3951 LOT IR-1, BLOCK 1-R GREAT WESTERN FOODS ADDITION SANITARY SEWER SSE-3 FORT WORTH DOE No,G500 DATE TARRANT COUNTY� FOR TEXAS OR E.LANCASTER T WORTH,TEXAS, DRAWN BY: J5W A, A.N.A, CONSULTANTS, LL.C, DATE: 08/31/11Ak ewarolr OTRc• WI Airport Frss.oy, SHT. NO DWD NO.: 55E-3 Buhr 410Eul�' OIRcz s I OF 1 (81)335-900 A.N.A. PROJECT NO.: 090G90 For. (01T)335-9955 Electronicalh;Recorded Torrant County Texas ���tyyOlridal Public Reewdo 0110!?0123:42 Pld D212221913 SANITARY SKER41461ALADNTRACT 52 PANf 3 r Soo 00 Doe 1105a0 IAoryL0ui5c001cla Suumdler. ACS Parcel 0000 E.LANCASTER AVE LOT_'IR•1 BLOCK 96-R TEXAS AND PACIFIC RAILWAY COMPANY ADDITION Under Subeflaplar E of the Toxin Prnpndy Cndn,nn amnndnd the Gmnlnr or ihn Grnntnr'n hairs,successors,or assigns may be antiilod before the 10"anniversary of the date of this acqulslllon to repurchaso the property or request certain InformoNon about Iho use and any actual progress made toward the use for whlch ilia property lvas acquired under Oils doed/casoment/named Instrument.and the repurchase price will be the price the City paid Grantor In this acquicitlon STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § ALAMO TITLE COMPANY r,FrizN�un�3+!fas CITY OF FORT WORTH PERMANENT SEWER FACILITY EASEMENT DATE:04127,12012 GRANTOR:FORT WORTH TRANSPORTATION AUTHORITY GRANTOR'S MAILING ADDRESS(including County): 1600 E.LANCASTER FORT WORTH,TEXAS 76102.6720(TARRANT COUNTY) GRANTEE:CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS(Including County): 1000 THROCKMORTON ST. FORT WORTH,TARRANT COUNTY,TX 76102 CONSIDERATION: Ten Dollars(S1000)and other good and valuable consideration. the receipt and sufficiency of tvhtch Is hereby acknowledged PROPERTY: Being a conllory cower oncomonl out of Lot 1R-1,Block 00-R.Toxaa and Pacific: Railway Company Addition,an addition to(he City of Fort Worth,Tarrant County,Toxas,us roceldod in Gubinot A,5110o R7T7t Plat RQWrdst Plat Records,Tatrant County,Tox06,and a6 conveyed to the Fort Worth Transportation Authority.by deed recorded in Volume 6461.Pago 485,doed record„Tarrant County,Taxes cold oosumont boing more particularly doscdbod by rnalao and bounds oxhlblls for Parmanont Sower Faclilly Easomont 0 015 acres(639 cquara fool)mlochod horoto for all Inlanis and purpows PEALW V ff SnWA FAC4M EASEral/T ntr aYl'ftele i SANITARY SEWER REHAB CONTRACT 52 PART 3 Doe# 6500 Parcel 4 0000 E. LANCASTER AVE LOT 1R-1 BLOCK 96-R TEXAS AND PACIFIC RAILWAY COMPANY ADDITION Under Subchapter E of the Texas Property Code, as amended, the Grantor or the Grantor's heirs, successors, or assigns may be entitled before the 10'" anniversary of the date of this acquisition to repurchase the property or request certain information about the use and any actual progress rnade toward the use for which the property was acquired under this deed/easement/named instrument, and the repurchase price will be the price the City paid Grantor in this acquisition. STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § ALA MO TITLE' COMPANY CITY OF FORT WORTH GFr_2av�U� PERMANENT SEWER FACILITY EASEMENT DATE: 04/27/2012 GRANTOR: FORT WORTH TRANSPORTATION AUTHORITY GRANTOR'S MAILING ADDRESS (including County): 1600 E. LANCASTER FORT WORTH, TEXAS 76102-6720 (TARRANT COUNTY) GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a sanitary sewer easement out of Lot 1R-1, Block 96-R, Texas and Pacific Railway Company Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Cabinet A, Slide 2777, Plat Records, Plat Records, Tarrant County, Texas, and as conveyed to the Fort Worth Transportation Authority, by deed recorded in Volume 5461, Page 485, deed records, Tarrant County, Texas said easement being more particularly described by metes and bounds exhibits for Permanent Sewer Facility Easement 0.015 acres (639 square feet) attached hereto for all intents and purposes. PERMANENT SEWER FACILITY EASEMENT Rev 05/1212010 Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, manhole vents, lateral line connections, pipelines, junction boxes in, upon, under and across a portion of the Property and more fully described in Exhibit "A" attached hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Property, or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor(1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within the easement property a permanent structure or building, including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit_ However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement Property. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace Irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement, together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successor and assigns to warrant and forever defend all and singular the easement unto Grantee, its successor and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. When the context requires, singular nouns and pronouns include the plural. (SIGNATURES APPEAR ON THE FOLLOWING PAGE] PERMANENT SEWER FACILITY EASEMENT Rev 05/12/2010 GRANTOR: GRANTEE: City of Fort Worth Fort Worth Transportation Authority Richard L. fo6uddell, President/Executive Director Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY Assistant City Attorney ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersl ed author it , a Notary Public in and for the State of Texas, on this day personally appeared f" Arr- 12u�'ar,9/Z _, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated_ GIVEN UNDER MY HAND AND SEAL OF OFFICE this C:� day of 20 • ��"f{1j�a peU{D1FtNuEWNC(-mOitE 1�; MY co}AMISSO EXPIRES Notary Public in and for the State of Texas Apiii 2Z 2013 PERMANENT SEWER FACILITY EASEMENT Rev 05/1212010 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated, GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of C , 2012-- tary Public in and for the State of Texas "ONtA DANIEts C(3"'k"SM ;:ota PERMANENT SEWER FACILITY EASEMENT Rev 05/12/2010 r rl lG FORT WORTH TRANsPowrmioN C Or W DOE..65UU AUTHORITY E. LANCASTER AVE SANITARY SEWER FORT WORTH,'TEXAS EASEMENT SSE-1 LOT I R-I,BLOCK 96-R TEXAS AND PACIFIC RAILWAY COMPANY ADDI I ION TARRANT COUNTY,TEXAS REAL,I'ROPERTY DESCRIPTION BEING A SANITARY SEWER EASEMENT OUT OF LOT I R-1,BLOCK 96-R,'I 1;X\S AND PACIFIC RAILWAY COMPANY ADDITION,AN ADDITION TO TI•{E C1IY OF FORT WOR I'H,TARRANT COUNT Y, TEXAS,AS RECORDED IN CABINET A,SLIDE 2777,PLAT RECORDS,TARRAN I'COUNTY,TEXAS,AND AS CONVEYED TO THE FORT WORTH TRANSPORTATION AUTHORITY, BV I IEED RECORDED IN VOLUME 5461.PAGE•185,DEED RECORDS,TARRANT COUNTY,TEXAS,SAID L•'ASEMENT BEING MORE PARTICULARLY DESCRIBED BY NIETES AND BOUNDS AS FOLLOWS: C0111•1ENCING AT A RAILROAD SPIKE FOUND IN THE SOUTH RIGHT-0— AY L-illE OF EAST LANCASTER STREET (VARIABLE WIDTH RIGHT-OF-PLAY) FOR THE IIGi•.. :IEST CORNER OF LOT 1R-1, BLOCK I-R, GREAT WESTERN FOODS ADDITION, AN AODITIOi. .J THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS RECORDED IN INSTRUIIEIIT 11U: -M D210101560, PLAT RECORDS, TARRANT COUNTY, TEXAS AND THE NORTHEAST CORNER OF 'AID LOT 1R-1, BLOCK 96-R; THENCE SOUTH 09 DEGREES 21 MINUTES 23 SECONDS WEST, 21.35 3T WITH THE NORTH LINE OF' SAID LOT 1R-1, BLOCK 96-R AND THE SOUTH RIGHT-OF-t•, LINE OF SAID LANCASTER STREET TO THE POINT OF BEGINNING; THENCE SOUTH 62 DEGREES 53 1-1111UIES 27 SECONDS EAST, 24 .4: T TO THE COMMON LINE OF SAID LOT 1R-1, BLOCK 96-R AVD LOT 18-1, BLOCK I-P: THENCE SOUTH 00 DEGREES 41 MINUTES 10 SECONDS EAST, 16.96 '3T WITH SAID C06U40N LINE; THENCE NORTH 62 DEGREES 53 L•11110TES 27 SECONDS WEST, 60.82 3T TO THE NORTH LINE OF SAID LOT 1R-1, BLOCK 96-R; THENCE NORTH 09 DEGREES 21 MINUTES 23 SECONDS EAST, 32.21 - ST TO THE POINT OF BEGINNING AND CONTAINING 639 SQUARE FEET OR 0 015 OF AN A•:. OF LAND, MORE OR LESS. A N A Consulrants,L L C. Page I or2 1331 Airport Freeway,Suite,l 10 Euless,TX 76040 REVISION: 08-31-11 1 ME PORT WORTH TR,�NSPORTATION C 0 F W DOE It 6j00 AUTI IORfrY. L.L ANCASTER AVE SANI7 ARY SEWER PORT WORTH,TEXAS EASEMENT SSE-4 LOT I R-1,13LOCK 96-R TEXAS AND PACIFIC RAILWAY COMPANY ADDITION TARRANT COUNTY,TEXAS Note:Surveyed un the ground Match ul 2010 Nora:Bearings are rciative to True North obtained from Global Positioning SaWlite System(t observations,Nurdt American 0a1"m 1983(NAD*83),Texas State Plerrc Coordinuw System,North Centrul Zone. Now:In accordance with the Tcxas Board of Professional Land Surveying Gencrnt Rules of l'ru,c,hucs and Practices,663,19(9). this"Report"consists or the Real Pmpcny Description included herein and the hiap of Survey;ut ichcd herewith. Nora:In accordance with the Texas Board of Professional Luttd Surveying General Rutcs of Pru,\-durd and Practices,663 19(7), 'Thc cited instruments are not ncccsmrily the current owners of the subjcet property,but arc the.1mumems cuntWuing the dcscripdons of tho boundurics as surveyed. ' ,EDWARD K.KHALtL •� .y..... ....... .... . :o •5951 . p�Fes St..oto �''yO•SFJRJF'� A.N A Consultants,L.L.C. Page 2 of2 1331 Airport Freeway,Suite 410 Euless,TX 76040 REVISION: 08-31-11 UOIC SURVEYED OR TINE CROUIIO L1ARC1. 201M +701E: UEAROIGS ARE RLUt1VE TO TRUE r,CRT11 COATAWED FROM CLCDAL POSITION ;116 SATEILTE SYSTEU (CPS)OOSERVARONS,110RTN AUERICAN OATUU, 1983(RAO'83). TEXAS NCR114 C0111IAL ZONE. NOTE: NI ACCORDANCE VAIN nit TEXAS QOARD OF PROFESSIONAL L)I0 SURVEYWO GENERAL RULES OF PROCEDURES AIR)PRACTICES, 6S7.19(9). MIS-REPORT' COH6t5T5 QF nit UAP OF SURVEY R+CLUOED HEREIN AI10 A REAL PROPERTY \ OESCTTIPTION,ATTACHED 14EnemiN NOTE: IN ACCORDANCE'A1Ri HIE TEXAS OOARD OF PROFESSIONAL LAND SURVEM17 GENERAL RULES OF PROCEDURES ANO PRACTICESO,603.19(7), -THE CITED INSTRUMENTS ARE NOT NECESSAR4Y RNE CURRENT OYMERS Or THE SUMOT / PROPERTY, BUT ARE THE 00QIUENIS CONTANNNC TINE DESCRIPTIONS OF THE l �4 BOUNDARIES AS SURVEYED.' i 0 s0 100 GRAPHIC SCALE IN FEET l 21.59' S89'21'23"W E. LANCASTER STREET P0S PDC (VARIABLE WIDTH ROW) 32.21' a s+KE r N 89'21 23"E y S62'53'27 E 24.41' •g?• Ilk ' LOT in-I 50D'41't0"E 61.= t-R GREAT 1tESTERN FOODS ADDITION 15' WIDE SANITARY SEWER 16,96' ooC 1 210101380 EASEMENT RAJ C-L 6�9 50 F7•/- Ag'-gil O-nw. Fwl Worth TronaporlaVore AulhOnlTY. t,500 E tcncoatar Are Ful Worth Ur 76102-6720 Proprrly AddroaC E LW,t 1w A—.Fort WwLh "sIxum ant: 0210119.37a LOT IR-I D.R,TC.T4 OLOCX 911-R TEXAS AHD PACIFIC RAILWAY COUPANY A001110H CAOtIIET A.SUOE 2771 P Ftj CT LOT IR•-2 OLOCT 1-R Appwml 0"nar. GREAT'AESTERN FOODS ADDITION Forl Warlh TrcntDwtolion INSTRUUEIITS 02101121370 Autnwll PO Do.1477 PR,T C,T Fort Wwth TN 10101-1477 Properly Aod,"m E Lmcoalar A—,Fort Wwlh VM5481.PG. 41M Appwmt 0..#, O,R TC T Alima LAC 305 E Main$l 1 S7oam SP14n9%M 7276t-4231 ( Propely A.dareaa: r 1734 E Loncwtlar Avg,Fort Worth I airummt: 0210118744 D.R.T C,Tx 1Pf i,G I S T Ex'r•4�' Gtr o- •� 0 t�iP .........................:... GWARO K.NNALIL \•%4 ..J951 ��,�f� C��� AEMy1o�f�4 EXHIBIT "B" �O sutiv�� SHOWING A A 15' WIDE SANITARY SEWER EASEMENT OUT OF LOT iR-1, BLOCK 96-R TEXAS AND PACIFIC RAILWAY COWARD X KHALIL R P L.S. y5951 COMPANY ADDITION 5144TARY SEWER SSE-4 DOE NO.6500 3 - G— �- FORT WORTH E.LANCASTER AVE. DATE TARRANT COUNTY TEXAS FORT WORTH,TEXAS. DRAWN 8Y: aSW A N A CONSULTANTS, L LC DATE: 08/31/11 1331 ANo le OIrTcvrfa— y. OWG I10.: SSE-4 couaVcr.wre.�>_a Suite, 4t0 1 O ILO ���rr... Euteaa. rx 76040 I OF I A,RA. PROJECT NO.: 090690 I {s.....0 Office: (Ot 7) 315--99D0 ....,� Fes (017)335-9955 ClectronicaiiV Recorded Tarrant County Texas Official Public Records 11/8/2012 9.07 AM 0212275981 -/ PGS 7 $40.00 -S/kNITARY 5E� �`fYd'0(5N'-TRACT 52 I'.h.R 3 . Doe m 6300 Mary Louise Garcia �ubrrntter: ACS parcel 5 2370 RIVERSIDE DRIVE, LOTS I & 2 BLOCK A :NORTH GLENWOOD ADDITION CITY OF FORT WORTH TEMPORARY CONSTRUCTION EASEMENT DATE: 05/3 I;2012 GRANTOR: BARN TT GATHERENG, LLC GRANTOR'S NIAILING . DDRESS (including County). 810 HOUSTON ST. SUITE 2000 FORT NORTH,TEXAS 76102-6223 (TARRANT COUNTY) GRANTEE. C .ITY OF.01U NVOR'I'1l GRANTEE'S MAILING ADDRESS (including County): 1000 'I'11ROCKMORTON ST. FORT WO) TI-1.TAR-R.kNT COUNTY, TX 76102 CONSIDERATION: Ten DolIars (510.00) and other -0od and valuable consideration. the receipt and sufficiertcyoi'which is hereby acknowledged. PROPERTY: Being a temporary construction casement out of Lot 1, Block A, North Glenwood Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 388-41, Pagc' 48, Plat Records. Tarrant County, 'Texas, said Lot 1, conveyed to Barnett Gathering, L.P., by deed recorded in Instrument number D20S33$152. deed. records; Tarrant County. Texas said ease.izeat being more particularly described by Iiietes and bounds exhibits f rr temporary Construction Casement 0.399 acres, (17,339 square feet) attached hereto kor all intents and pLIq oses. Grantor, for the consideration paid to GTantor,hereby grunt bargain and conve,.unto Grantee., its su cessors and assigns, (lie use and passa'e In, over, and acro,", below and along the easement situated in Trrattt County, Texas, in accordance with the legal description hereto, attached. as Exhibit "A". and ingress and Ogress over Granter's property w the easement as shown on Exhibit <<B- re,hr•:,ra„C�n;rac!ic�l:a:;•u[._,._ It is further aureed cuid understood that Grantee will be permitted the usc;of said cascinont for the purpose of Installation of Sanitary Sciver Facility. Upon completion of improvem(>mts <and its acceptance by C,rautee, all rights grant+ d within the described Temporary Construction Fasement shall cease. TO HAVE tVNI) TO HOLD the above described easemcnt, together with, all and singular, the rights and appurtcnances thereto in miyway belonging unto Grantee; and Grantee's successors and assig�r�s until tf:L coit�pletzon �1�CUnSt1-uction and acceptance by Grantee. Grantor hereby bind themselves, their heirs, successors, and assiWs, to warrant and defend, all and singular, said eatiernent unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same; or any pact thereof: [SIGNATURES ATPEAR ON THE FOLLOWING PAGE) 6RANTOR: GRANTFI: City of Fort Worth Bamett.Gathering, LL('- .-VI exas Limited Liability Company V-rkn K.S. Rase, President ando o3 T-A Assistant City MV Ina,(Ycl- APPROVFb ASTO FORM AND 1,F(JALITY 1'7 As I sistan't City Attirtrnesr ACKNOWL14LDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE the undersiguied authority, a Notary Public in and for the State of Texas, on this day personally appeared K S- R - known. t*o me. to be the same person Nvliose name is subscribed to the foregoing instrument., and a&nowledaed to me that the same wv,, the act of -- ,,4id that lshe executed the same as the act (A of said for the purposes and consideration therein expressed 1p.d in.the capacity therein stated. GIVEN' UNDER Pvff HAND AND SEAL OF OFFICE this -11 da-V of -PF-P.Aw'VIV.PI � Td-6) P C in for the State of Texas ATTE O bF TEM Lan 7f1�'4� ACKNOWLEDGEMENT r (Z7 .--._,.,.,,,_BEFORE ME, t_h.,e__urWprsi ned authority, a Notary Public in and for the State of Texas, on this day persona!y al ppeare ernando Costae Assistant City Manager of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and ?n the capacity therein stated. f GIVEN UNDER MY HAND AND SEAL OF OFFICE this �'/�day of 20/Z Notary Public in and for the State of Texas :after recording return to: City of fort Worth Right of Way and Enscnicnts 900 Nlonroe Street Ste 404 rcc� Fort Worth,TAX 76102 t= )artarY 4Ur.,;huc!iar,!;uemrat tii;Gi47p!r; LP. cJ.).F.w' 2370 RIVERSWE DR. FORT wom rK i7xAs WITT)RARY QMrRUC('ION I-()1'1, K A EASENifiNT ',,()R tl'I GI-ENWOOD AUDITION !'APRANI COONIFY. REAL PROPrATY imscruvrioN BEMG A TaIPA"My CON&MUCTWN I&ASKIENTOLITOF lJ-)T;.ill,O('K A.NORTH QLENWOOD AN-A3011­1001 To rNEUKOF FOR r WORM 1ARRANT COON(*Y. IlNiAS.A",RLCORDED IN VOLT.ML-W-i 1.PA6E 43,Pi is (VCORITS.TARRANT I`F-XAS-S-Ali)1,11"T 1.COVKY(3DT() )F r,, ens 15,1,r N-_ r) RI-i-Colms,TARRANT COUN,I Y,TFXA-';,SAIL)F.A', VARTICU'LARLY DB-CRJIIP�D By"APIE'S ANf)ROUNDS AS F01.1-OWS: zy mmoss WlTf-' V';s LYME OF NAID WY K AND U.S. UFTWAY No, U!, 10 A 1/2 jM y IWW MMM; TICrNCE '.IZTH SA10 "MMOU 3-1� 0"SMS i2 MMUnS 29 OMOMS "T, E2-5Z WT TO A 1;2 =4 QON ?WUP. THENCE AMTH 16 FAWEES it THENCE DEPARX ING na a ranmU j ;no, HQPTa Q OMMMS 11 MMyMs 03 nayMs EAST, W.90 FEET; :'C S"" " MIN"S 5- n-= 1=21 VIET, THENCE SOUTH 32 VIGREES is TITENCR AS I t nWRMS 04 MQUnH 41 SWOMS EAST, 1,54 Fnm, THENCE SOUTR ]Q ORGR" 26 '(', 21 P5ST; Tcml-TcFll 11 1 1 1 ic SSAMS '121.29 -*!7r:T hf>12 OF SA D L01 1, AND 7P9 WEST RU;17-50WAY WE 01; RIVERS,'.. DR77E tVAgiARLE 2! XRWT3 i; laWKS EWA, 2KIA FM',': TIM FAK LINE AC SAID 57 1, vowu 17 CWX"S I , aKC01401 WE= 43l.lU FEIT TO TaC :}IS 7 Lip, or SMD Lal " FM, W,W, "IN Fo" Q THK 70"NEST AGAT "TMEPLY CORNER QP 3AIS SCT 1, SWENC00nij 19 mnew 16 mmms 41 sums wT. Am mm'; I A.N- ,A.Consuite-ims,L.1—c 1331 A hpmr Amway Thhe 4 10 P,102 !IARNIET V(iA I I WR1746 1.10. is B70 RWERMDE ba, I'VOR I.if.,I r.xAs I M.Q(K A FANNUAT XT I NORTH 6f FMV000 ADDITR)Ai THENCE hoRTM is nwpus is 4! FEaj; THENCE NORTH 51 DEGREES 99 3ti yT29 41 slQuiom WssT, lq.42 FEET IV TOE WIT W. UWANING Amp nowTAFma 17, ml �,F AN A(,.RF. CR E Kaj. sww",m the gmwl Mmh 0 M!O Nil:n:tINZ :Sic ,i,'l,Uiptf(jlli uf I?:--'h4)ljjd.l(jdj,,m stil-,c3rd, Y. in Pup 2 of:2 f 3-'l Airpin FTeor.va.-,,..Suft�4 Ed=TX TWI) RFViSION, f-It l o f /-a'+'1 f s(1l K J in.! N "1't.!MtJ I,':'M uL17A. •� 'J V•r� tCtJT i J :%,{ S•Tt..:<{,�JI1M♦lY�I.;,Y -.i�v.,. � .'tit 7J'�J.t) !1. •ft1' 1.1 T �I-t 7l..f v 1 if, lC Lst[Ill,-{ \IAS 'iT 1 ,Y.�{♦R{;W{ ItY'S' F`W`. •. . �r K W[T c,r.r1r.7'..KS 0 Cr.ZJ,:SJ,s•1),ti+L ,'c`{r i� .r3iT N `.t Yl0 7 Y.a'F. n1i�:'tA•...[n.wi�,[Ai Rf1MrA iy ✓„tf[; v JM'S Alf nQ 1.r11 JnAM1 lY,•hYC17."fJl(UA�4.±.f.I] i mom W ^wwlti•YC;t,rnn•T•:aM t1!f n.K�{t! �r� •' +.3`Si+(, n:t!.;J.�+iC!.X,f L.,T.'J.)/w.A�.{:!'�vnFH.(•t n-K ). f i k ../. .�C,.t,v Cii••CnKA:(J M:Y'ft`v � i �<• JA`� i0• iwPfiO/dY tt �s•1�51` l 11 "�• C!`rf5;!?uC�-;N k"f,.EvE:Jt ftl �J. .t:Ff CtE�mCo7>�:t•Jt '��-.__.--'�"-- �� iH?f,T aye:., V5!�S7✓ Sf �:fir. St'��ib I �.. TOO � a f I•IC K.,M.i i �9 S96t � EX."l iT '8 3HOONG A A 20' VOE TEMPORARY EASEMENf aL;T CF LOT ?. $LOCK A cuoytuir mmo V. YIAAX•e.JL&)MI NORTH UENWOM ADOMON FCRT WORTH Da:L 1ARRMT COVWTY, TEXAS 3%0"Dom:ra. i fait wrlorM,texA. xAMx_n ^t Ak � R y!P:� ,}pig :•w.a,.Gi(c. i , Page 1 of 7 Electronically Recorded Tarrant County Texas Official Public Records 7/26/2012 9:31 AM D212180175 `� ( Ut �` rzt r are PGS 7 S40.00 Mary Louise Garcia Submitter. ACS SAN)TARY..5E;NVI R RE,HAII CONTRACT 52 PART 3 Doe#6500" Parcel 61" , 1734 E.LANCASfr�.?)Z AVE LOT 1112 IiLOCk 1R OREAT WESTERN FOODS ADDITION ' CITY OF FORT WORTH :""TEMPORARY CONSTRUCTION EASEMENT DATE:06/08/2012 ALAMO TITLE COMPANY GF GRANTOR: CONTI RSB, GRANTOR'S MAILING ADDRESS,(including County): 1905 WINDSOR FORT WORTH,TEXAS,7M 10('1 Al RANT COUNTY) GRANTEE: CITY OF FORT N'VORTJ)3.. GRANTEE'S MAILING ADDRESS(includineg•County): 1000 THROCKMORTON ST. FORT WORTH,TARRANT CQiJNTV,TX 76102 CONSIDERATION: Ten Dollars (S10.00) and other,bood and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a temporary construction easement out of:-Lot IR-2, Block I-R, Great Western Foods Addition, an addition to the City of Fbr —ilJdrth,"1;axrant County, Texas, as recorded in instrument number D210112876,Plat Records,7 arralit..Eotlnty,Texas,said Lot l R- 2,conveyed to Allens Inc.,by deed recorded in instrument ripmb'er D2l0118764, deed records, Tarrant County, Texas said easement being more particularly,do8'r"' eAy metes and bounds exhibits for temporary construction easement 0.071 ares(3,105 sgµaie,fde€)at#_ached hereto for all intents and purposes. _ r' • t Temporary Construction Lascment 01109 ON Page 2 of 7 i i Grartt4r,-fdr,tlie consideration paid to Grantor,hereby grant,bargain and convey unto Grantee,its successors and-assigns,the use and passage in, over, and across,below and along the easement situated'iu TarTarlt County, Texas, in accordance with the legal description hereto attached as Exhibit"A',apd ingregs and egress over Grantor's property to the easement as shown on Exhibit i It is further agreed and tinder�Wod that Grantee will be permitted the use of said easement for the purpose of Installafidn of "unitary Sesver Facility. Upon completion of improvements and its acceptance by Grajitea;'alt:righGs,�;anted within the described Temporary Constriction Easement shall cease. TO HAVE AND TO HgL-6 the-above described easement, together with, all and singular, the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns until the completi6n•of•copst�u tion and acceptance by Grantee.Grantor hereby bind themselves, their heirs, successors.,•an_d assigns, to warrant and defend, all and singular, said easement unto Grantee, its successors an-d.;assigns, against every person whomsoever lawfully claiming or to claim the same,ot,a6Y.Part-thereof• •` y [SIGNATURES XMI A•K-01O .ThE FOLLOWING PAGE) t r Tcmporory Comwolian E+sem<nl � CIM9/?077 , Page 3 of 7 r' GRANT012:Conti;RSB,L.L.C. GRANTEE:City of Fort Worth A'I'exa's J'im.itdd Liability Bruce onti,M'inffp` r Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY .._._ IWe AsAs t�ity Aito6 ey A CTC.NOW-tEDtEMENT STATE OF TEXAS :i COUNTY OFTARRANT § ?' BEFORE ME, the undersign authoria'N4Iary-Public in and for the State of Texas, on this day personally appeared 9CLI.0 e, ( �r i.• 4 Imown to me to be the same person whose name is subscribed to the foragving4 instrument, and acknowledged to me that the same was the act of I�S L( C and that he/she executed the same as the act of said � ; LS 6 i G — for the purposes and consideration therein expressed and in the capacity therein�ike8. GIVEN UNDER MY HAND AND SEAL OF OF]sIF-1',tliis.. '. day of Notary Public in arid•fgr thgnstate of Texas •:��.;f,. AMANDk-I.YPtt�.WEISHUHN Notary Public,.SiatophTex?s My Commission'Expires: May 2$i'2a}9 Tcmponry Concwaiaa Eacemrnl r' , OUD9rool Page 4 of 7 ACKNOWLEDGEMENT i BEE QRE ME, the undersigned authority, a Notary Public In and for the State of Texas, on'.this'6;jy personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth j4 q6 hi me to be the same person whose name is subscribed to the foregoing instrument, and`Rcknov�ledged, to me that the same was the act of the City of Fort Worth and that he/she 6ecuted ahe ;same as the act of the City of Fort Worth for the purposes and consideration Ihere�exp fessed"and in the capacity therein stated. GIVEN t1Nb>=R.MYN4?t�©�ND SEAL of OFFICE this 9' day of •, �'..2Clf7r"'•. otary Public In ana for the State of Texas After recording return to: City of Fort Worth Right of Way and Easements t' •`' ,�rtn`o^is EVONIADANIE19 900 Monroe Street Ste 404 Fort Worth,TX 76103 y;r I•tr co J us" 3 Ines i •. i J'• f J I• t` • I • I Temporary Conswedon Hasen-1 01109MD7 Page 5 of 7 REAL PROPERTY DESCRIPTION UEIN&A TEMPORARY CONSTRUCTION EASEMENT OUT OF L.OI IR-2,BLOCK I-R,GREAT WESTERN FOO*6S AP61TION,AN ADDITION TO TIIE CITY OF FORT WORTH.TARRANT COUNTY,TEXAS,AS RECORC3ED,IN INSTRUMENT NUMBER D210112876,PLA"C RECORDS,TARRANT COUNTY,TEXAS,SAID L,pT I R-2,CONVEYED TO AL,LENS INC, BY DEED RECORDED IN INSTUMENTNIIM13ER D210118764, DUJ41(tW DS,TARRANT COUNTY,TEXAS,SAID EASEMENT BEING MORE PARTICULARLY DESCMEQ,B'Y METES AND BOUNDS AS FOLLOWS: COrmi46IN'G A•1„!I-RAILROAD SPIKE FOUND IN THE SOUTH RIGHT-OF-WAY L7Nj OF EAST LANCASRER,S;CR•EET).VARIABLE WIDTH RIGHT-OF-WAY)FOR THE NORTHWEST CORNER OF LOT 1R-1, BLOC(( )rR1 GREAT WESTERN FOODS ADDITION!, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT,(:of Ty-,""?ZXAS, AS RECORDED IN INSTRUMENT NUMBER D210101560, PLAT RECORDS, TARA�ANT:,666wry, .:TEXAS, AND THE NORTHEAS'P CORNER. OF LOT -R-1, BLOCK 96-- R, TEXAS Alit)--PACF'E'TC F,AT�LWAY COMPANY AODiTION, AN ADDITION TO THE CITY OF FORT WORTH, TAR RANT;COUfTlY `1EXA$, AS RECORDED IN C-ASIOET A, SLIDE 2777, OF SAID PLAT RECORDS; THENCE SO UTH 00 I)EGREEFL-4 1%::`1NOTES 10 SECONDS EAST, 98-4 7 FEET WITH THE COMMON LME OF SAID L.OT1114-1.;' SJ,OCK 1-R AND LOT 1R-1, BLCCR 96-R, TO THE q0f' gWEST CORNER OF SAID LOT,6-1•�,-•t3:;OSK 1-R, A14D THE NORTHWEST CORNER OF SAID LOT lR-2; THENCE SOUTH 94 DEGREE'S 30 M14UTE5--A0 SECONDS EAST, 15.09 FEFT WITH THE CON1NfON LINE OF SAID LOT 114-11€. 'N.Q bD 1RT4 TO THE POINT OF BEGINNING; 's ('HENCE SOUTH 84 DEC-REES'3d•,MTNO" S 40 SECONDS EAST, 15-09 FEET S9IT4 TI{E _-OMMON L?NE OF SAID LOT IR-1, ANp GOY 1(i••[y, THENCE SOUTH 00 DEGREES 41 IJ1NU$'E&:Ip SECONDS EAST, 206.19 FEET; THENCE SOUTH 89 DEGREES i7 Nt117UTi~b' 76 �EtONDS WEST, 15.00 FEET; THENCE NORTH 00 DEGREES 41 MINOTxS;1.0 SECOM}5'SJEST, ?.D7.82 FEES TO TfiE POINT OF BEGINNING AND CONTAINING 3,105 SO-DARE FEET OR 0..011 OF AN ACRE OF LAND, MORE OR LESS. A.N.A Consultants L•.L C t '` + Page I of 2 1331 Airport Ft"way,Suite 410 Euless,TX 76040 ' REVISION: 08-31.11 :s l� Page 6 of 7 Note-.Survejcd(in-the gromnd much of20I0 ' i trite:pcarin8s•arc rgintivc to'f rue Nonb obtainel linen G1nbs1 Positioning Satellite Syslcm(GPS)Uhsen-atiuns.North American Omuin 190'(WW33).Texas Stoic Plane Coordinate System North Ccmnd Zone_ Nute;'-bt4tcorddnce with the Tcxas Board of Professional Land Surveying Gencml Rules of Procedures and Prnaices.663.19(9). Iris"Rcpogn cn3(asta eftha Real Property Description included herein and tho Map of Survey uttached hemwith NOfe-4n"'rCcwdancelvflh the Tcsas Board of Profcssionni Rand Surveying General Rules of Procedures and Prmicm 663 l9(7). "The eiled'instruments arc not necessarily the current owners ofthe subject property.but are the documents containing the deseriPt oni.o(t1h:%tiuodaries as survevcd F-l- t _%f` •'';•'• EOWMO K.KHALIL _• 5951 URq f i .f A.N.A.Consultants.L LC Page 2 of 3 1331 Airport Freeway,Suite 4l0 Luless.'fX 76040 ftEV(SION: 08-31-i l r' a :y Page 7 of T I` i I; i 0+4 St/IKYtO Ott O'E gOu10 YMCA#]71a WrL 11 WO4 S At KLArt to MVE IIOIRt 070NN(D IAw C(g7u, nr_9TU1.,0 SA"'r SYTiill(qv COLLRVAhtl.Z,IIO1M-o"cAN CAOJY.11113(IIAD L]),r"4S hm1Ef MItM tfME na1L IN ACCCAMMM MM Vitt 1WS DOMO or MCr"WAL I.wO WR%"40 C(AEAN,"is tY P"crowis m r»wxts.Y631t(9).Of3'MI'.'r „ CCh O3T]7 ME UV Ct!:» r,C(IAED I.("WO A AEµ P90fCATY CttCI MiN,ATIAOVED! "rK n01L•IN At.>;OQMCC MM Tilt 1(LAS 00MO CC MORS4,IAE WO YANK _/f COK»K AU(]or Rr10C121 "NA"'Acmm.1u'w).'O'C a" —••���•---'� h9OIW()it1 ARE t l hlCLSSMf.Y ME CVMV41 01OE"0/ME' ECT I"+o'"Ti.301 An ME Doarl"T3 Cp1TAA•W ViZ Otsc?"p1 R1 or Ott !—OntS AS`ti^Vra.• Poc :APiA3LE dE•7t<-4",Yi milt L I, i]p✓al -0, \ tot IR-1 f'.1 PeAn IIo...AyN✓IIP W 1rm W PO 0h Ifrl!' CATAi NASRI"moos ACE.t:pt •T✓(wfK,IDIOt-lAr! O o[G!710:01360 r I'IV AlW - I✓Arb`Y`1�',PrU � PA.f C.r p A00 C lv+<m An l9 In r✓111✓N a 111o7-dr]o ) E'—L A.A, rrU. 1 W'.•tnt.Y 0710I193It778 +1' DAI.i GTA Obi I P0.3 S84'.30'40"E 15.09' ! `to11a-I S84'30"40 E .RCU(94-A •T"As'A!O SAfS »AAIIAY 13 09" CCv;A ACCAtM]I(. W at IR-2 `A•—. C3 .� LAooK 1•4 qUt nE3;U+tt 0210)2811 1 O f131AaYIn.r C110J1]E13 V) G/ ~ r r t J s`rvr A [ fa! � t=0 3,i�L[tl3i ` - IS' 1EUPORMY .COt15TgUCtKu!E'kSEAtEBT ' ' a L.ytY I Is SAA,t M•--EAEA f'SEvOJ ,' - i 1 Ctd'Af'9 SIAY Y19 GRAPHIC SCALE IN FEET I -}-- ------ . I S$9.1T)$"VY )Soo' ,1 '': <•' �.S C YAM St tE OF C(. f ^:tAt Wv iEA{A C'fo✓J'% 1714 E le"crtlh'all fot tMN tir 4oIA1CrC + "e'o..f' s;•7f a:t; �:' r`'� `` • tICt,a avottnldA y/p .1. a Yd ui•.=1 �` pR.T G(r. A <_EOxAAD K.A»A4L , � �ty�EA�I°ibr EXHIBITA,. ;. SURy� SHOWING A" ~• ! A 15' WIDE TEMPORtARY'" CID STRUC710' t EASEMENT OUT 0F, - EDWAAo K KRAUL.RP.LS)3931 LOT 1R-2. BLOCK 1=R �" - --•7EYPOAARY CWISfRticnou � ,L, GRAT WESTERN FOODS AOIIIY;'61 T '; (ASE11ERT TCE4 DATE FORT WORTH ' "• ` a0E 110.4500 TARRANT COUNTY, TEXA$t ` F791R 34 4MIf.LTEXASAVE CRAM n AS)T ANA CDrt51u.FAi7'IS:�4c: DAM: C»/31/11 i Cda p OffsL 0A0 NQ: iCE-7 ptt v4 <oAwLrum.u,: (-Ie,S II,EI%Q+b AILA PRO.ECT AD.: MUSE, r,�� OtA<R(017)133-" .�� Eoc(317)1ST-9D3! .,rraxR Rt°nsv ,, :y Elcclronically Recorded Tarmntcounty Taxes MIZ11 Public Rccorda 0110120123:42PIA D212221914 r' ! PGS 7 S4o 00 OWoa'Fja c..r., BANITAIIY 5EIYS3=l;btM60NTRACT52 PAR ffnad(er. ACS Due.'/6500 Pnrccl 7 0000 C.1A N CIST ER AVE LOT 1R-1 BI.00I!I-R GREAT 1VESTERN FOODS ADDITION CITY OF FORT WORTH TEMPORARY CONSTRUCTION EASEMENT DATE:04/27/2012 >iLAhdO TITLE COMPANY GRANTOR:FORT WORTHTRANSPORTATION AUTHORITY GFd2Y-2 &Y7 .-9-J GRANTOR'S MAILING ADDRESS(Including County): 1600 E.LANCASTER FORT WORTH.TEXAS 76102.6720(TARRANT COUNTY) GRANTEE:CITY Or FORT WORTH GRANTEE'S MAILING ADDRESS(including County): 1000 THROCXNIORTON ST. FORT WORTH,TARRANT COUNTY,TX 76102 CONSIDERATION: Ten Dollars (TI0.00)and other Good and valuable consideration, die receipt and sufficicney of which is hereby acknowledged PROPERTY: Being a temporary construction casement out of Lot IR-1, Block t-R,Great Waslenr Foods Addition, an addition to the City of Fort Worth.Tam.ni County,Tcxas,as recorded in instrument number D210101560,Plot Records,Tarrant County,Texas,said Lot IR- 1,convcyed to ilia Fort Worth Transparlation Authority,by deed recorded in instrument number D210119378, deed records, Tanotit County, Tcxas said coscmcnl being more particulody described by metes and bounds exhibits for tcmpomry construction cosaucnt 0 038 acres(1,640 square feel)ottached hereto for all intents and purposes Orantor,for ilia consideration paid to Grunter,hereby gent,bargain and convey unto Grantee,its succcssois and ossigu,the use and possago in,over,and across,bcl9w and 1110n;d1c cosctnMI situated in Tarrant County,Texas,in accordance wi01 Ure legal description hereto attached as Exhibit"W%and ingcss and egress over Grantor's property to the coscmcnt as shown on Exhibit I txravr hr,uwl<f G,m� 01 WA7S4f SANITARY SEWER R'IIAB CONTRACT 52 PART 3 Doe# 6500 Parcel 7 0000 E. LANCASTER AVE LOT IR-1 BLOCK 1-R GREAT WESTERN FOODS ADDITION CITY OF FORT WORTH TEMPORARY CONSTRUCTION EASEMENT DATE.: 04/27/2012 tiLAMO TITLE COMID ANY GRANTOR: FORT WORTH TRANSPORTATION AUTHORITY GF7Ur�DDU_3�9d°J GRANTOR'S MAILING ADDRESS (including County): 1600 E_ LANCASTER FORT WORTH, TEXAS 76102-6720(TARRANT COUNTY) GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 1000 THROCKMORTON ST. FORT WORTH,TARRANT COUNTY,TX 76102 CONSIDERATION: Ten Dollars (SI0.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: Being a temporary construction easement out of Lot 1R-1, Block 1-R, Great Western Foods Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in instrument number D210101560, Plat Records, Tarrant County, Texas, said Lot 1R- 1,conveyed to the Fort Worth Transportation Authority, by deed recorded in instrument number D210119378, deed records, Tarrant County, Texas said easement being more particularly described by metes and bounds exhibits for temporary construction easement 0.038 acres (1,640 square feet) attached hereto for alI intents and purposes. Grantor, for the consideration paid to Grantor, hereby grant, bargain and convey unto Grantee, its successors and assigns, the use and passage in, over, and across, below and along the easement situated in Tarrant County, Texas, in accordance with the legal description hereto attached as Exhibit "A", and ingress and egress over Grantor's property to the easement as shown on Exhibit "B", Temporary Constrvetion Easement 0 UM2007 It is further agreed and understood that Grantee will be permitted the use of said easement for the purpose of Installation of Sanitary Sewer Facility. Upon completion of improvements and its acceptance by Grantee, all rights granted within the described Temporary Construction Easement shall cease. TO HAVE AND TO HOLD the above described easement, together with, all and singular, the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns until the completion of construction and acceptance by Grantee. Grantor hereby bind themselves, their heirs, successors, and assigns, to warrant and defend, all and singular, said easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same,or any part thereof [SIGNATURES APPEAR ON THE FOLLOWING .PAGE] Temporary Construction Casement 01/09/2007 GRANTOR: GRANTEE: City of Fort Wortli Fort Worth Transportation Authority Richard L,6 uddell,President/Ex6cutive Director Fernando Costa Assistant City Manager APPROVED AS TO FORM AND LEGALITY r I Assistant City Attorney ACKNOWLEDGEMENT STATE- OF TEXAS § COUNTY OF TAR-RANT § BEFORE ME, the undersi ed authority, a Notary Public in and for the State of Texas, on this day personally appeared /C�gryl L. �2L(Ci C1,P , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of and that he/she executed the same as the act of said for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this•_ A5 day of 20 jc hSY�COh4M �lEj Notary Public in and for the State of Texas Temporary Consbvctimt Giscmcnt 01/09/2007 ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein state/dd. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 7 day of 9��40 - A6��' 20/• If ave� Notary Public in and or the State of Texas After recording return to: City of Fort Worth Right of Way and Easements 900 Monroe Street Ste 404 Fort Worth,TX 76102 �'y� h` EVONlAbANlELS !.-Ile GU,A"ISSION EXPIRES July M 2013 Icmponry Construction Gisemcnl 0I109/2007 IIIE FORT FORTH TRANSPORTATION C O 1:W DOE U 65t10 AU CI is,:1I"FY 113-1 E LANCAS I'ER AVE I \IPORARY CONSTRUCTION PORT WORTH.IEXAS EASEMENT TCL'rj LOT 1R-I.BLOCK ]-it GREAT WESTERN FOODS ADDITION TARRANI'COUNiY. FEXAS 1 REAL PROPERTY DESCRIPTION BEING A TEMPORARY CONSTRUCTION EASEMEN F OUT OF LOT►R-1,BLLit K 1.11,GREAT WESTERN FOODS ADDITION,AN ADDITION TO THE CITY OF FORT WORTH,TARRAN I'L OUNTY,'IEXAS,AS RECORDED IN INSTRUMENT NUMBER D210101560,PLAT RECORDS,TARRA\I'COUNTY,TEXAS,SAID LOT 1 R-1,CONVEYED TO TILE FOItT WORTH TRANSPORTATION AUTIIOItI 1\. BY DEED RECORDED IN INSTUMENT NUMBER D210119378,DEED RECORDS,TARRANT COUNTY. I IEXAS,SAID EASEhIENT LIEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS 1:01 LOWS: BEGINNING AT A RAILROAD SPIKE FOUND IN THE SOUTH RIGHT-OF- i LINE OF EAST L•ANCASTER STREET (VARIABL•E wrDTH RIGHT-OF-WAY) FOR THE NGii• :4EST CORNER OF SAID LOT 1R-1, BLOCK 1-R, AND THE NORTHEAST CORNER OF LOT IR-1, -LOCK 96-R, TEXAS AND PAM IC RAILWAY COMPANY ADDITION, AN ADDITION TO THE C. ! OF FORT WORTH, TARRANT COUNTY, TEXAS, AS RECORDED fit CABINET A, SLIDE 27" PLAr RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 67 DEGREES 15 MINUTES 30 SECONDS EAST, 11.9`. ST WITH THE COMMON LINE OF SAID LOT 111-1, BLOCK 1-R AND SOUTH RIGHT-OF-WAY I.i: OF SAID EAST LANCASTER STREET; THENCE DEPARTING SAID COMMON LINE, SOUTH 62 DEGREES 53 Mli: vS 27 SECONDS EAST, 20.39 FEET; THENCE SOUTH 00 DEGREES •11 MINUTES 10 SECONDS EAST, 91.49 _T TO THE COMMON LINE OF SAID LOT 1R-1, BLOCK I-R, AND LOT LR-2, BLOCK 1-R, ?EAT WESTERN FOODS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, I'ARRANT ITY, TEXAS, AS RECORDED IN INSTRUMENT NUMBER 0210112876, PLAT RECORDS, T:.- ,NT COUNTY, TEXAS; THENCE NORTH 84 DEGREES 30 MINUTES 40 SECONDS WEST, 15.0v .;T WITH SAID COMtdON LINE; THENCE NORTH 00 DEGREES •11 1-II14UTES 10 SECO140S (•LEST, 00.82 THENCE NORTH 62 DEGREES 53 MINUrES 27 SECONDS WEST, 16.96 C TO THE COMMON LINE OF SAID LOT IS-1, BLOCK 1-R, AND LOT 1R-1, BLOCK 96--:•; THENCE IIORTH 00 DEGREES 41 FIINUTES 10 SECONDS WEST, 11.37 .;'T TO THE POINT OF BEGINNING AND CONTAINING 1,640 SQUARE FEET OR 0-038 OF AN _ ;.E OF LAND, MORE OR LESS. A 14 A Consultants,L.L.C. Page 1 of"2 1331 Airport Freancay.Suite 410 Euless.TX 76010 REVISION: 08-31-11 II If-FORT EOIYTI1 TRANSPORTATION AUTHORITY COI'.W. DOE;GSOU 173.1 E LANCASTER AVE I LNIPOIGIRY CONSTRUCTION i ORT WORTH,TEXAS CASEMENT TCEJj LOT IR-I,©LOCK I.R. GREAT WFSTERN FOODS ADDITION TARRANT COUNTY,TEXAS Note:Surycycd on ilia ground lvinrch or2U10 lute:Ucarings arc rciative to 1'mc Nark obtained liom Global Positioning Saicllito System(GII.1,i Observations.Nardi American Datum 1983(NAD'83),Texas State Plana Coordinate System,Nanh Central Zone. Notc:In uceurdunee with Utc Tmis Board 00101'assional Lund Surveying General Rules of Ilm—lures and Pmctiees,663.19(9), this-Report"consists of the Real Property Description Included herein and the lvlap orSurvay air icited hcravith. Nute:In accordance with the Teens Board urProl''asional Land Surveying Gcncml Rules of Pro—lares and Pmetiees,663 19(7). '111c ailed instruments are not nm=arily the currant owners ordte subject property,but uric the d•,cumcnls containing the descriptions urthe boundaries as surveyed. OF { E➢WtRO K.KNALIL y-0»5951.. ..V. ? ZG A.N.A,Consultants,L L.C. Page 2 of'2 1311 Airport Freeway,Suite 410 Euless,TX 76040 REVISION: 08-31-1 I I101e surtvtrn ON RIC CRCUNO WITCH 2010. !I0IT. REARUIOS ARE RELATht TO TRUE NURTH 6UArAtim)moo CLCOAL POSIT)WRIG SATELLITE SYSTEU(CPS)ODSERVAna1S,IICAM AUERICAH OANU, 1903(HAD 03), TEXAS HCRM CENTRAL ZCVIF. MOTE: Ut ACCOM)ANCE WITH ME TEXAS HOARD,OF PROFESSIONAL LAIR)SURVEYING QIIEBAL RULES Or PROCEDURES A/ID PRACTICES.66119(9), MIS"REPORT CONSISTS OF ME UAP OF SURVEY 114CWDED HERFJit AND A REAL PROPERTY UESCAPTIOH,ArTAOtED HEn£1MM. NOTE: IN ACCORDANCC W11H ME r"AS BOARD OF PROFESSIONAL LV40 SURVEYING GENERAL RULES OF PROCEDURES AND PRACnCESO,663.19(7).'ME CITED INSMIRIDItS ARE NOT I(ECES5AAILY ME CURRENT OWERS OF ME%IMCT PROPERTY.OUT ARE 111E DOCULIVITS CONTAINING ME nESCAWnDHS OF ME OCVNOATRES AS SURVEYED.' I,a50. ( 0 50 100 i S67'15'30'E GRAPHIC SCALE IN FEET E LANCASTER STREET Poe 11,99' (,AR1;+BLE WIDTH ROW) sput r NOO'41'10"W S62'53'27"E Of 20.39' O LOT IR-1 OLGCX N62'53'27"W UNO GREAT wESTERRI1 F1OODS A00RION 16.96' O ?' DOC 1 210101560 W O P.R.TC.T. 1n )5' WIDE TEMPORARY CONSTRUCTION EASEMENT .� Apporenl O—W. 1,640 SO FT•!- O Fort Worth Trevportaiton AoIhORITY. q. 1000 E Loncnv I-Aw Fort Worth r4 761 D2-6720 O Properly Aodrnlc 1 Z 1734 E Loncavler A",Fort worlh 0210119374 N84.3 0'40"W 15.09. Apporent O—M Fort Worth Trans Authority PO Eta,1477 Fart Worth Tv 75101-14 7 7 Properly Addlew E Lonao+to Avr.Fort worth LOT IR-2 BLOCK I-R CREA1 nESTERN FOODS ADOIn011 IHSIRVUE14TO 02HH12876 P.R.T CJ LOT IR-1 DLOOT 96-R TEXAS AHO PACIFIC RAILWAY COUPANY ADDITION CABINET A.SLIDE 2777 p R,T.CT Apporenl Ovn er. Allen*Inc 305 C Voln St r S9aan SpAaII3 Ar 72761-J2 1 Proorrty Ad&c= ASPH P%RKI.G 1734 E Lwco%l"Ave, Fort grin In3Im vnU 0210118764 O.R.T C,L. OF l P f�1 ST C..g f q. f\ fDWMD K.KHALIL \q 5951 Lo j Yw EXHIBIT "B" rs 5 ,.�o SHOWING A ° suR�� A 15' WIDE TEMPORARY CONSTRUCTION —� � EASEMENT OUT OF EDWARD K KHAUL. RPL.1 15951 LOT IR-1, BLOCK I-R TEMPORARY CONSTRUCTION! GREAT WESTERN FOODS ADDITION EASEMENT TCE•3 FORT WORTH DOE N0.6500 °ATE 1734 TARRANT COUNTY, TEXAS FORT WORTH,ATEXAS.SIER ,vE ORAWW BY: .7SW All, A N A CONSULTANTS, L.L C OATS; OB/31/11 copolote 0111ce 1331 A(tpml Frereoy, SHI, No qWG NO': TCE-3 aanoa�rA,rro,��e. SUite 410 EU1457. Tx 76040 t OF I A.N.A. PROJECT NO.: 09g 690 I' OIACo- (817) J35-9900 w For, (017) 335-9955 C- .o2 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Sruritoly.Sewer Contract S?. Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cih�ProjewtNo.01219 Revised July I,2011 GEOTECHNICAL ENGINEERING STUDY M-39 SANITARY SEWER REPLACEMENT VICINITY OF E. LANCASTER AVE. AND US 287 FORT WORTH, TEXAS Presented To: Teague Nall and Perkins, Inc. April 2010 PROJECT NO,, 131-10-96 4 7636 Pebble Drive ��,� ciN1JENGINEERING, INC• Fort Worth,'fexas 76118 `'�tii'$- www cmjengr.cont April 21, 2010 Report No 131-10-96 Teague Nall and Perkins, Inc 1100 Macon Street Fort Worth, Texas 76102 Attn: Mr. Tom Dayton, P E. GEOTECHNICAL ENGINEERING STUDY M-39 SANITARY SEWER REPLACEMENT VICINITY OF E. LANCASTER AVE. AND US 287 FORT WORTH, TEXAS Dear Mr Dayton: Submitted here are the results of a geotechnical engineering study for the referenced project. This study was performed in general accordance with CMJ Proposal 09-2917 (Revised) dated March 8, 2010 The geotechnical services were authorized by Mr.. Ty Hilton, Principal of Teague Nall and Perkins, Inc. on March 9, 2010. Engineering analyses and recommendations are contained in the text section of the report. Results of our field and laboratory services are included in the appendix of the report. We appreciate the opportunity to be of service to the Teague Nall and Perkins, Inc. Please contact us if you have any questions or if we may be of further service at this time.. Respectfully submitted, CMJ ENGINEERING,INC„ ��P�E OF'rF:ry�,�a j IEXASFiFmREGISIRAIIONNo.,F-9177 �a; �• t •.•*/+ ............................ a ES P,SAPPINGIQN, IV d I" ' 97402 Jam s P Sappington IV, PIE. Project Engineer 'as/o®A4 +i,i'' Texas No. 97402 copies submitted: (3) Mr. Tom Dayton, P E ; Teague Nall and Perkins, Inc. Phone(817)284-9400 Fax(817) 389-9993 Metro (817) 589-9992 TABLE OF CONTENTS � Page 10 INTRODUCTION 1 � 2-0 FIELD EXPLORATION AND LABORATORY TESTING 2 30 SUBSURFACE CONDITIONS --------'----------'-----'---------------3 U40 EXCAVATIONS ----------------------------------------------------------------------------------5 � 50 CONSTRUCTION OBSERVATIONS ----------------------------- ---------------- 8 80 REPORT CLOSURE------------------------------------------------------------------- APPENDIX A Plate Planof Borings ------------------------------------------------------------------------------------------------------\ 1 U Unified Soil Classification System-----------------------------------------------------------------------------------42 » Key ho Classification and Symbols------------------------------------------------------------A�3 LogaofBoringo------------'---------------'------------------------------'----A4-A7 1.0 INTRODUCTION 1.1 General This report presents the results of a geotechnical engineering study for a replacement/re-alignment of the M-39 sanitary sewer traversing approximately 2,900 feet from near S. Riverside Drive eastward along E. Lancaster Avenue in Fort Worth, Texas. This project includes drilling soil borings and performing laboratory tests at locations coordinated with Teague Nall and Perkins, Inc. Plate A.1, Plan of Borings, depicts the project vicinity and locations of the exploration borings. 12 Purpose and Scope The purpose of this geotechnical engineering study has been to determine the general subsurface conditions. To accomplish its intended purposes, the study has been conducted in the following phases: (1) drilling sample borings to determine the general subsurface conditions and to obtain samples for testing; (2) performing laboratory tests on appropriate samples to determine pertinent engineering properties of the subsurface materials; and (3) provide a written report of results. The design is currently in progress and the locations and/or elevations of the structure could change. Once the final design is near completion (80-percent to 90-percent stage), it is recommended that CMJ Engineering, Inc. be retained to review those portions of the construction documents pertaining to the geotechnical recommendations, as a means to determine that our recommendations have been interpreted as intended, 1.3 Report Format The text of the report is contained in Sections 1 through 6. All plates and large tables are contained in Appendix A. The alpha-numeric plate and table numbers identify the appendix in which they appear. Small tables of less than one page in length may appear in the body of the text and are numbered according to the section in which they occur.. Units used in the report are based on the English system and may include tons per square foot (tsf), kips (1 kip = 1,000 pounds), kips per square foot (ksf), pounds per square foot (psf), pounds per cubic foot (pcf), and pounds per square inch (psi).. Report No.131-10-96 Cluj ENGINEERING INC. 1 2.0 FIELD EXPLORATION AND LABORATORY TESTING 2.1 Field Exploration Subsurface materials at the project site were explored by four (4) vertical soil borings. Borings B-1 through B 4 were drilled to depths of 15 to 50 feet below existing grade as directed by Teague Nall and Perkins, Inc. The borings were drilled using continuous flight augers at the approximate locations shown on the Plan of Borings, Plate A.1. The boring logs are included on Plates A.4 through A.7 and keys to classifications and symbols used on the logs are provided on Plates A.2 and A.3. Undisturbed samples of cohesive soils were obtained with nominal 3-inch diameter thin-walled (Shelby) tube samplers at the locations shown on the logs of borings, The Shelby tube sampler consists of a thin-walled steel tube with a sharp cutting edge connected to a head equipped with a ball valve threaded for rod connection. The tube is pushed into the soil by the hydraulic pulldown of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for consistency with a hand penetrometer, sealed, and packaged to limit loss of moisture. The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this teat a 0.25-inch diameter piston is pushed into the relatively undisturbed sample at a constant rate to a depth of 0.25 inch. The results of these tests, in tsf, are tabulated at respective sample depths on the logs. When the capacity of the penetrometer is exceeded, the value is tabulated as 4.5+. To evaluate the relative density and consistency of the harder formations, a modified version of the Texas Cone Penetration test was performed at selected locations. Texas Department of Transportation (TXDOT) Test Method Tex-132-E specifies driving a 3-inch diameter cone with a 170-pound hammer freely falling 24 inches. This results in 340 foot-pounds of energy for each blow. This method was modified by utilizing a 140-pound hammer freely falling 30 inches. This results in 350 foot-pounds of energy for each hammer blow. In relatively soft materials, the penetrometer cone is driven 1 foot and the number of blows required for each 6-inch penetration is tabulated at respective test depths, as blows per 6 inches on the log. In hard materials (rock or rock-like), the penetrometer cone is driven with the resulting penetrations, in inches, recorded for the first and second 50 blows, a total of 100 blows, The penetration for the total 100 blows is recorded at the respective testing depths on the boring logs Report No,131-10-96 CV1J ENGINEERING,INC 2 Ground-water observations during and after completion of the borings are shown on the upper right of the boring log. Upon completion of the borings, the bore holes were backfilled with soil cuttings and plugged at the surface by hand tamping. 2.2 Laboratory Testing Laboratory soil tests were performed on selected representative samples recovered from the borings.. In addition to the classification tests (liquid limits, plastic limits, and percent passing the No. 200 sieve), moisture content, unconfined compressive strength, and unit weight tests were performed, Results of the laboratory classification tests, moisture content, unconfined compressive strength, and unit weight tests conducted for this project are included on the boring logs. The above laboratory tests were performed in general accordance with applicable ASTM procedures, or generally accepted practice. 3.0 SUBSURFACE CONDITIONS 3.1 Soil Conditions Specific types and depths of subsurface strata encountered at the boring locations are shown on the boring logs in Appendix A. The generalized subsurface stratigraphy encountered in the borings is discussed below. Note that depths on the borings refer to the depth from the existing grade or ground surface present at the time of the investigation, and the boundaries between the various soil types are approximate. The surficial soils in Boring B-1 consisted of fill, The fill consists of dark brown, brown, and light brown silty clays with calcareous nodules and gravel. Natural soils underlying the fill in Boring B-1 consists of brown and gray sandy clays and clayey sands. Dark brown, brown, light brown, and gray silty clays, silty shaly clays, and clays are present at the surface in Borings B-2 through B-4 overlying tan limestone. The clayey soils encountered were generally stiff to hard (soil basis) with pocket penetrometer values ranging from 1,75 to over 4.5 tsf. The soils had tested Liquid Limits (LL) of 25 to 50 and Plasticity Indices (PI) of 9 to 28. Tested unit weight and unconfined compressive strength values were 111 to 121 pcf and 2,200 to 4,920 psf, respectively. Tan limestone with clay seams is next encountered in Borings B-2 and B-3 at depths of 1 to 3 feet feet and in Boring B-4 at a depth of 10 feet The tan limestone with clay seams is hard to Report No,131-10-96 CMJ ENGINEERING,INC 3 extremely hard (rock basis) and exhibits THD Cone Penetrometer values of 100 blows in 0 to V/4 inches A layer of tan and gray limestone is present in Boring B-4 from 13 to 16 feet.. This limestone stratum is extremely hard (rock basis), with a THD value of 0 inch, Gray limestone with shale seams is then present in Borings B-2 through B-4 at depths of 10%2 to 16 feet and continued to boring termination. The gray limestone is very hard to extremely hard (rock basis) and exhibits THD Cone Penetrometer values of 100 blows in 0 to 1 inch. 3.2 Ground-water Observations The borings were advanced using continuous flight augers to check the relative elevation of water in the boreholes during and at completion of drilling operations. The following water level readings were obtained: TABLE 3.2-1 Ground-Water Observations Boring Seepage During Water at No., Drilling (ft.) Completion (ft.) B-1 12 9 B-2 Dry Dry B-3 Dry Dry B-4 Dry Dry Fluctuations of the ground-water level can occur due to seasonal variations in the amount of rainfall; site topography and runoff; hydraulic conductivity of soil strata; and other factors not evident at the time the borings were performed.. Ground-water can occur in joints in the clays, atop the limestones, or flow through more permeable zones and should be considered when developing the design and construction plans for the project. Water traveling through the soil (subsurface water) is often unpredictable. This could be due to seasonal changes in ground water and due to the unpredictable nature of ground-water paths. Therefore, it is necessary during construction for the contractor to be observant for ground-water seepage in excavations in order to assess the situation and take appropriate action. Report No..131-10-96 CtiIJ ENGINEERING,INC. 4 Due to the variable subsurface conditions, long-term observations would be necessary to more accurately evaluate the ground-water level, Such observations would require installation of piezometers or observation wells which are sealed to prevent the influence of surface water 4.,0 EXCAVATIONS 4. 1 Expected Subsurface Conditions The anticipated soil conditions are variable with respect with respect to the presence of fills, more granular clayey sands, and the depth to bedrock. Conventional earth moving equipment is expected to be suitable for excavating the overburden soils, Heavy duty excavation equipment will likely be necessary within the limestone, depending on rock hardness. 4,2 Open Cut The trench excavations should be performed in accordance with OSHA Safety and Health Standards (29 CFR 1926/1919), Subpart P. For excavations less than 5 feet deep through the various clays, it is expected that near vertical excavation walls will be possible. However, in the case that excavations occur through soft clays, granular soils, non-compacted fill, or submerged soils, it will be necessary to either slope the excavation sidewalls or provide temporary bracing to control excavation wall instability. In addition, for excavations deeper than 5 feet, the excavation sidewalls must be sloped or temporary bracing must be provided, regardless of the soil conditions encountered. 4„3 Trench / Bore Pit Dewatering Ground-water seepage was encountered in Boring B-1. Ground-water conditions can vary with seasonal fluctuations in rainfall. Controlling the ground-water is essential to construction of the utility lines. Failure to control any encountered ground-water could result in trench wall collapse, trench bottom heave, an unstable trench bottom and detrimental pipeline settlement, and pipe deflections after backfilling. Ground-water levels should be maintained at two feet below the base of the excavation for the full term of construction. Protection of the open excavations should be provided during periods of moderate to heavy rainfall, as surface water will most likely channel and collect in the excavations, The water level should be lowered prior to excavating and should be maintained at this lowered level until the pipe trench is backfilled. It is likely that seepage may be controlled by means of collection ditches, sumps, and pumping. However, in the event that water Report No, 131-10-96 CNIJ ENGINEERING,INC J infiltration rates are high, it may be necessary to install a more elaborate dewatering system The design of any dewatering system required is the contractor's responsibility. 4.4 Soft Trench Bottom Conditions Unstable trench bottoms are considered to be unsuitable for support of the pipe. Soft clays could occur where ground-water is present, In any areas where unsuitable bearing deposits are encountered at the planned invert elevation, the trench bottom can be prepared using one of the following methods: 1 . Under-cut to a suitable bearing subgrade and replace with a structural compacted fill. The over-excavation should extend laterally a distance of at least 1 foot beyond the edges of the pipe, and then at least 1 foot laterally for every 1.5 feet of fill required beneath the pipe. The over-excavation backfill should be completely surrounded with a geotextile consisting of Mirafi 140N, Amoco ProPex 4545, or equivalent. The backfill should consist of a free draining aggregate (i.e., sands, gravels, crushed limestone, or crushed concrete) approved by the geotechnical engineer, The backfill should be placed in maximum 9-inch loose lifts and uniformly compacted to a minimum relative density of 70 percent as determined by test methods ASTM D 4253 and D 4254. 2., Casting a 6-inch thick reinforced concrete slab. The concrete should have a minimum 3,000 psi compressive strength at 28 days. 4„5 Comments on Horizontal Bore Borings B-2 through B-4 encountered predominately limestone materials containing shale seams below 1 to 10 feet. Any tunnel bores extending into this limestone strata will be encountering hard to extremely hard and intact rock. Although the upper soils appear amenable to tunnel boring activities, the limestone strata will likely require special tools to remove/excavate/drill through. 4.6 Excavation Considerations If open trench cuts are performed within 1 .25 times the trench depth of any surface structure, trench shoring (not trench boxes) should be used within open trench cuts performed within this distance. Hydraulic shoring struts should be used and installed during excavation as needed to provide full lateral support to vertical trench sidewalls, and thereby help reduce lateral ground movements near existing structures. A pre-construction condition survey should be performed prior to beginning excavation near any structure that could be affected by the trench excavation to verify existing conditions (existing distress) prior to construction. Construction monitoring should Report No,131.10.96 CNIJ ENGINEERING,INC 6 be performed to verify that existing structures are riot impacted or damaged by construction operations 43 Trench Backfill Pipe embedment should be a coarse-grained cohesionless material that will properly fill the area below the spring line of the pipe. This bedding should extend above the pipe a minimum of 6 inches to provide protection of the pipe during placement of the trench backfill. Site excavated materials are generally considered suitable for use as backfill above the pipe bedding materials. All trench backfill should be free of deleterious materials. Use of rock Fragments greater than 4 inches in any dimension should be prohibited, since attaining a uniform moisture and density without voids would be difficult. Backfill should be compacted in maximum 9- inch loose lifts at a minimum of 95 percent of the Standard Proctor density (ASTM D 698). Clay soils having a PI greater than 20 should be compacted at a moisture content ranging from 0 to +4 percentage points above the optimum moisture content. Granular soils having a PI less than 20 should be compacted at a moisture content ranging from -3 to +3 percentage points of the optimum moisture content.. Jetting to compact the pipe backfill should not be allowed. In areas where settlement of the backfill must be closely controlled, the trench excavation should be backfilled with either cement stabilized sand or flowable concrete having a 28-day compressive strength ranging between 50 and 200 psi, 4.8 Trench Backfill Settlement Settlement of the backfill soils should be anticipated. It is anticipated that properly compacted on- site clay fill soils will settle between about 1 and 2 percent of the fill thickness. For example, 10 feet of fill would be expected to settle on the order of 1 2 to 2.4 inches. The trench backfill could be over-built in order to reduce the potential for a surface depression along the trench centerline.. We recommend the backfill be crowned. The centerline of the excavation should be over-built by one foot and sloped down to match grade at the edge of the excavation Report No.131-10-96 CYIJ ENGINEERING INC 7 4,9 Provisions to Reduce Backfill Settlement Field testing will be a critical element in controlling the compaction of the backfill to limit settlement All trench backfilling in these critical areas shall include full-time observation of soil compaction by an experienced geotechnician under the supervision of the geotechnical engineer The contractor should provide protection for the testing/inspection personnel while working in the trenches, and shall move the protective shield/shoring such that areas to be tested are readily accessible. The compacted moisture/density of all backfill soils should be tested at a rate of one test per 250 linear feet of trench, for each lift of fill placed, during compaction. Digging through existing lifts of backfill to access and test underlying lifts should not be allowed. In addition, to limit settlement, where Class 1 and Class 2 crushed stone materials are used as pipe bedding materials, they should be wrapped with a suitable geotextile to limit the intrusion of fines into the crushed stone material.. 5.0 CONSTRUCTION OBSERVATIONS In any geotechnical investigation, the design recommendations are based on a limited amount of information about the subsurface conditions.. In the analysis, the geotechnical engineer must assume the subsurface conditions are similar to the conditions encountered in the borings. However, quite often during construction anomalies in the subsurface conditions are revealed. Therefore, it is recommended that CMJ Engineering, Inc. be retained to observe earthwork and foundation installation and perform materials evaluation during the construction phase of the project This enables the geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additional tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions. Until these construction phase services are performed by the project geotechnical engineer, the recommendations contained in this report on such items as proper soil moisture condition and other such subsurface related recommendations should be considered as preliminary, It is proposed that construction phase observation and materials testing commence by the project geotechnical engineer at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner or the owner's design engineers to contract directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design engineers and the geotechnical engineer Report No..131-10-96 C MJ ENGINEERING,INC 3 6.0 REPORT CLOSURE The boring logs shown in this report contain information related to the types of soil encountered at specific locations and times and show lines delineating the interface between these materials. The logs also contain our field representative's interpretation of conditions that are believed to exist in those depth intervals between the actual samples taken. Therefore, these boring logs contain both factual and interpretive information. Laboratory soil classification tests were also performed on samples from selected depths in the borings. The results of these tests, along with visual-manual procedures were used to generally classify each stratum. Therefore, it should be understood that the classification data on the logs of borings represent visual estimates of classifications for those portions of each stratum on which the full range of laboratory soil classification tests were not performed, It is not implied that these logs are representative of subsurface conditions at other locations and times. With regard to ground-water conditions, this report presents data on ground-water levels as they were observed during the course of the field work. In particular, water level readings have been made in the borings at the times and under conditions stated in the text of the report and on the boring logs. It should be noted that fluctuations in the level of the ground-water table can occur with passage of time due to variations in rainfall, temperature and other factors. Also, this report does not include quantitative information on rates of flow of ground water into excavations, on pumping capacities necessary to dewater the excavations, or on methods of dewatering excavations. Unanticipated soil conditions at a construction site are commonly encountered and cannot be fully predicted by mere soil samples, test borings or test pits. Such unexpected conditions frequently require that additional expenditures be made by the owner to attain a properly designed and constructed project. Therefore, provision for some contingency fund is recommended to accommodate such potential extra cost. The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of our field investigation and further on the assumption that the exploratory borings are representative of the subsurface conditions throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed, If, during construction, different subsurface conditions from those encountered in our borings are observed, or appear to be present in excavations, we must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. if there is a substantial lapse of time between submission of Report No,131-10-96 CNIJ ENGINEERING,INC. 9 this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish grades are changed, we urge that we be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. Further, it is urged that CMJ Engineering, Inc. be retained to review those portions of the plans and specifications for this particular project that pertain to earthwork and foundations as a means to determine whether the plans and specifications are consistent with the recommendations contained in this report. In addition, we are available to observe construction, particularly the compaction of structural fill, or backfill and the construction of foundations as recommended in the report, and such other field observations as might be necessary, The scope of our services did not include any environmental assessment or investigation for the presence or absence of wetlands or hazardous or toxic materials in the soil, surface water, ground water or air, on or below or around the site. This report has been prepared for use in developing an overall design concept.. Paragraphs, statements, test results, boring logs, diagrams, etc.. should not be taken out of context, nor utilized without a knowledge and awareness of their intent within the overall concept of this report. The reproduction of this report, or any part thereof, supplied to persons other than the owner, should indicate that this study was made for design purposes only and that verification of the subsurface conditions for purposes of determining difficulty of excavation, trafficability, etc. are responsibilities of the contractor. This report has been prepared for the exclusive use of Teague Nall and Perkins, Inc. for specific application to design of this project. The only warranty made by us in connection with the services provided is that we have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended. Report No. 131-10-96 CNIJ ENciNFERING,1NC. 10 U z i i � Q Lij lip p W LL, c- a J c/n ci- (3, co 22+00 4,00 In q l 11 ``' LO PLATE Major Divisions Grp Typical Names Laboratory Classification Criteria Well-graded gravels, gravel- 221 000 to,0}z �' c GW sand mixtures, little or no C„=---- greater than 4: Cc=----------- between 1 and 3 D ,o 60 �, a `Q fines 0 D <D V N U U) U) O w °u Poorly graded gravels, gravel ii E, N — u, C) M GP sand mixtures, little or no <n U) 0) Not meeting all gradation requirements for GW <v � (nm fines 2 nv o (D Liquid and Plastic limits C-) o z (D o Silty gravels, gravel-sand-silt U c? „ Liquid and plastic limits S GM N below A line or P 1. cliN mixtures z ti greater than 4 plotting in hatched zone ti between 4 and 7 are (0 o 03 borderline cases ; o N ° Liquid and Plastic limits o a GC Clayey gravels, gravel-sand- o ti above"A" line with P 1 requiring use of dual v a clay mixtures z : symbols 12.c greater than 7 a) ca D Z ate, � °' Well-graded sands, gravelly D t J0} N SW m C - ao greater than 6: C�=------------- between 1 and 3 E a w sands, little or no fines (a 0) DtG D,ox D60 O N M O c (� q N G O N aoi Poorly graded sands; ° c n v SP gravelly sands, little or no o aqi Not meeting all gradation requirements for SW m M c 0 > fines Ena, CL r_ io m o o a, U O N 0) ` rn @ a) Liquid and Plastic limits a 0 C Silty sands, sand-silt m L -Z CL q o _ c o SM mixtures �3 y ; �, belorv'A line or P.I less Liquid and plastic limits `~ a o o o than 4 plotting between 4 and 7 CL o 0)-' are borderline cases a ° C: .0Liquid and Plastic limits requiring use of dual SC Clayey sands, sand-clay E above"A"line with P.I. symbols mixtures o o greater than 7 11 Inorganic silts and very fine sands, rock flour, silty or LIDML clayey fine sands, or clayey �, ro silts with slight plasticity >+� 60 > `—�° Inorganic clays of low to medium plasticity, gravelly a :E CL clays, sandy clays, silty clays, 50 and lean clays CH rs OL Organic silts and organic silty 40 clays of low plasticity X o Inorganic silts, micaceous or •�' LO MH diatomaceous fine sandy or a Ott a d MH silty soils, elastic silts +P ti 20 E a� CL o a CH Inorganic clays of high plasticity,fat clays 10 z7 4`•` ML a A OL (D OH Organic clays of medium to 00 10 20 30 40 50 60 70 80 90 100 s high plasticity, organic silts Liquid Limit U a� Co 'o Pt Peat and other highly organic Plasticity Chart Qn soils JUNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.2 SOIL OR ROCK TYPES GRAVEL LEAN CLAY LIMESTONE c . s SAND •�.. SANDY — SHALE SILT SILTY SANDSTONE ME CLAYEY OF ZZ.0 HIGHLY Shelby Split Rock Cone No PLASTIC CLAY CONGLOMERATE Tube Auger Spoon Core Pen Recovery TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50%Passing No 200 Sieve) Descriptive Item Penetrometer Reading, (tsf) Soft 0 0 to 1.0 Firm 1 0 to 1.5 Stiff 1 5 to 3 0 Very Stiff 3.0 to 4 5 Hard 4 5+ Coarse Grained Soils (More than 50%Retained on No 200 Sieve) Penetration Resistance Descriptive Item Relative Density (blows/foot) 0 to 4 Very Loose 0 to 20% 4 to 10 Loose 20 to 40% 10 to 30 Medium Dense 40 to 70% 30 to 50 Dense 70 to 90% Over 50 Very Dense 90 to 100% Soil Structure Calcareous Contains appreciable deposits of calcium carbonate; generally nodular Slickensided Having inclined planes of weakness that are slick and glossy in appearance Laminated Composed of thin layers of varying color or texture Fissured Containing cracks, sometimes filled with fine sand or silt Interbedded Composed of alternate layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Can be remolded in hand; corresponds in consistency up to very stiff in soils Soft Can be scratched with fingernail Moderately Hard Can be scratched easily with knife; cannot be scratched with fingernail Hard Difficult to scratch with knife Very Hard Cannot be scratched with knife Poorly Cemented or Friable Easily crumbled Cemented Bound together by chemically precipitated material; Quartz, calcite, dolomite, siderite, and iron oxide are common cementing materials and iron oxide are common cementing materials Degree of Weathering Unweathered Rock in its natural state before being exposed to atmospheric agents Slightly Weathered (Voted predominantly by color change with no disintegrated zones Weathered Complete color change with zones of slightly decomposed rock Extremely Weathered Complete color change with consistency, texture, and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATE A.3 CMJ E�tclrna:n��c Project No Boring No Project M-39 Sanitary Sewer Replacement 131-10-96 3-1 Fort Worth, Texas Location Water Observations See Plate A.1 Seepage at 12' during drilling,water at 9' at completion Completion Completion Depth 15.0' Date 3-26-10 Surface Elevation Type 8-53, w/CFA VI O O Y Q N >> o LL U) Stratum Description o U O 3�u � � `— c 1�� 00E � ui �J oat to mat aE croE T-o 00 c c00 u: � ma.i- am a._, 0- �U �� Ua. SILTY CLAY,dark brown,stiff (FILL) 2.5 26 -w/light brown clayey sand I'to 2' 1.75 29 -light brown and brown w/gravel and calcareous 2.25 16 nodules below 2' 275 1 30 13 17 19 4.5+ 16 112 3630 —5 4.5+ 21 2.5 17 111 4920 10 SANDY CLAY/CLAYEY SAND,brown and gray, w/calcareous nodules —f 0.25 58 25 16 9 1 25 15 0 n N F- U 0. O O <7 C'J Z 0-1 m Q o LOG OF BORING NO. w� �'��� .� J Project Nog No. Project M-39 Sanitary Sewer Replacement —CIVIJ c,ic�,IeEri\lc INC -i T� 13-2 131-10-96 Fort Worth, Texas _ Location Water Observations _ See Plate A.1 Dry during drilling, dry at completion Completion I Completion Depth 40 0- Date 3-26-10 Surface Elevation Type B-53,w(CFA Q U- o p� N c E C O o N Q 0 Stratum Description o o v Mo �,-. ; �; � Vcw 7 �' n'- naxi nc cOiE � w a0q) M.N aE 0E m-0 00 '-cam coo D G' co a.F- Q.N .aa LL.J LL-S o :DJ n0CL CLAY/SILTY CLAY, brown,w/limestone 50 22 28 25 fragments LIMESTONE,tan,wl clay seams,very hard to extremely hard 100/0" 5 1 100/0" 15 LIMESTONE,gray,w/shale seams, very hard 0010.25' 2 -w/increased shale seams below 23' -25 100/0.51, 100/0.5" —3 00/0,25' —35 0 10010.5" a ---------------------- Q r a <d M z fL O LL LOG OF BORING NO. -2 PLATE A.5 CMJ Project Nc t3onng No. Project M-39 Sanitary Sewer Replacement 131-11 3-3 Fort Worth, Texas _ 1 Location Water Observations See Plate A.1 Dry during drilling, dry at completion Completion Completion Depth 50 0' oat" 3-26-10 _ Surface Elevation Type B-53,w/CFA i% U) 9 -a Ma) N r_lL 6 O"D Z o ?LL Stratum Description �� o o 6 __ _. = N o� = 2 - W C� o a�i�? m.q) aE q E roa o o vi col E o 'cs c o o o✓ X ma-t— o-co J1D a.::] a..__ :Ec) nJ :D(.)o- -\ASPHALT, 2 inches thick 4.0 19 SILTY CLAY, light brown,w/calcareous nodules, 4.5+ 13 114 3880 very stiff to hard 4.0 36 18 18 19 -w/gray below 2' LIMESTONE, tan,wl clay seams and layers hard 5— to very hard l00/0.5" f �0011.75' 100/11, 1 LIMESTONE,gray,w/shale seams,very hard to extremely hard 10010.51, —15 100/01, —20-1 —4� 00/0.25' 2 -w/increased shale seams below 28' 100/1" --3 35 100/0.5" 100/01, 4 v 0 c� g il 45 00/0.25' d !, M f7 c 10010.51, 50 -------------------------- o LOG OF BORING NO. 3-3 PLATE Via.a Project No Boring No Project M-39 Sanitary Sewer Replacement (,NIf `N"r`'EE1fNO INC 131-10-96 B-4 Fort Worth, Texas l Location Water—observations Observations -- See Plate A_.1 Dry during drilling, dry at completion Completion Completion Depth 30 0' Date 3-26-10 Surface Elevation Type 8-53,w/CFA U- o u o -8 a M N 7 G U- LL Stratum Description o N Y N N lL o 2 0(` `G d a axi 9f rN UOI_ IS W CJ o mU m.N o f m E ma o o c n c 00 � QY a.I--: a.tn 3-J a.� a C 26 :5-J 36a. SILTY CLAY,dark brown,w/limestone fragments 4.25 23 and calcareous nodules,very stiff to hard 4,5+ 19 l 4.25 16 113 2200 4.0 38 18 20 18 4.5+ 16 5 SILTY SHALY CLAY, light brown and gray w/ weathered limestone seams, hard 4.5+ 32 16 16 13 4.5+ 13 121 2470 10 LIMESTONE tan,w/clay seams LIMESTONE,tan and gray extremely hard 100/0" 15 LIMESTONE,gray,w/shale seams,very hard to extremely hard 100/0.51, 2 i 00/0" 2 10010.25' 3 ——————————————————————— 0 0 N �r N O U U a 0 ,y rn 0 m z r� P m L o LOG OF BORING NO. B-4 P LATE�A:Jj GC-6.06.1) Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH S(Initell,v Seirer Improvements—contract 52 Port STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No,0I319 Revised July 1,2011 FORT WORTH City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 or less, then an MBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this project is 12 %of the total bid (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or; 3. Good Faith Effort documentation, or; 4. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation it person to the appropriate employee of the managing department and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed copy will not be accepted; 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no MBE participation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. 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-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817) 212-2674. Rev.5/30/12 ATTACHMENT 1A Page 1 of 4 FORT WOR-1'H City of Fort Worth MBE Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Circle C Construction Co. PROJECT NAME: Ni/W/DBE NOWIVIRWDBE Sanitary Sewer Improvements - Contract 52, Part 3 BID DATE May 15, 2014 City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER 12 % % 01219 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 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. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1st tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the prime 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-operators, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. Rev.5/30/12 Fot) rWo ItTH ATTACHMENT- 1A Page 2 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firm's SBE certification if they have not previously registered with the City's M/WBE Office,which may be contacted for verification. Please note that only certified MBEs will be counted to meet an MBE goal. Attach N NCTRCA Certificate e SUBCONTRACTOR/SUPPLIER T " Detail Detail Company Name i Subcontracting Supplies Address e M W S M Work Purchased Dollar Amount Telephone/Fax r B B B B E E E E I :1 1-1 El F-1 E El El Rev. 5/30/12 F0RI�WORTH niTAC to Page 3 Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. Please list MBE firm's first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firms SBE certification if they have not previously registered with the City's M/WBE Office which may be contacted for verification. Please note that only certified MBEs will be counted to meet an MBE goal. Attach N NCTRCA Certificate SUBCONTRACTOR/SUPPLIER T n Detail Detail Company Name i Subcontracting Supplies Address e M W S M Work Purchased Dollar Amount Telephone/Fax r B B B B E E E E Rev.5/30/12 ATTACHMENT 1A FORT WORTH Rage 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers $ Total Dollar Amount of Non-MBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval o Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Name/Title(if different) Company Name Telephone and/or Fax Address E-mail Address City/State/Zip Date Rev.5/30/12 ATTACHMENT 113 FORT WORTH Page 1 of 1 City of Fort Worth Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe prime Circle C Construction Co. PROJECT NAME: MNV/DBE NON-M//VDBE Sanitary Sewer Improvements - Contract 52, Part 3 BID DATE May 15, 2014 City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER 12 Rio pia 101219 If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m., five(5)City business days after bid opening, exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) on this contract, the payment therefore and any proposed changes to the original MBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one(1) year. Authorized Signature Printed Signature Title Contact Name(if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev.5/30112 ATTACHMENT 1C Page 1 of 3 FORT WORTH City of Fort Worth MBE Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe prime Circle C Construction Co. PROJECT NAME: MM/DBE NON-M//VVDBE Sanitary Sewer Improvements - Contract 52, Part 3 BID DATE May 15, 2014 City's MBE Project Goal: Prime's MBE Project Commitment: PROJECT NUMBER 12 Rio % �01219 If the Offeror did not meet or exceed the MBE subcontracting goal for this project, the Offeror must complete this form. If the Offeror's method of compliance with the MBE goal is based upon demonstration of a "good faith effort", the Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 11 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Offeror. Failure to complete this form, in its entirety with supporting documentation, and it being submitted to and received by the Managing Department on or before 5:00 p.m. five (5)City business days after bid opening, exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a MBE or non-MBE. (DO NOT LIST NAMES OF FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev. 5/30/12 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current(not more than two (2) months old from the bid open date) list of MBE subcontractors and/or suppliers from the City's M/WBE Office or the City's website. Yes Date of Listing No 3.) Did you solicit bids from MBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? ❑ Yes (if yes,attach MBE mail listing to include name of firm and address and a dated copy of letter mailed.) =No 4.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (If yes,attach list to include name of MBE firm,person contacted,phone number and date and time of contact.) No 5.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile (fax), exclusive of the day the bids are opened? _ Yes (If yes,attach list to include name of MBE firm,fax number and date and time of contact. In addition,if the fax is returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or"undeliverable confirmation" documentation may render the GFE non-responsive.) F-1_No 6.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened? Yes (If yes,attach email confirmation to include name of MBE firm,date and time.In addition,if an email is returned as undeliverable,then that"undeliverable message"receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation and/or"undeliverable message"documentation may render the GFE non-responsive.) __aN o NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods in order to be deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7.) Did you provide plans and specifications to potential MBEs? _Yes F-1 No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the MBEs? Yes _4No Rev. 5/30/12 ATTACHMENT 1C Page 3 of 3 9. Did you prepare a quotation for the MBEs to bid on goods/services specific to their skill set? Yes (If yes,attach all copies of quotations.) No 10.LWas the contact information on any of the listings not valid? =Yes (If yes,attach the information that was not valid in order for the M/WBE Office to address the corrections needed.) =No 11.)Submit documentation if MBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. Please use additional sheets, if necessary, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MBE participation on this project. The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance shall create a material breach of Rev. 5/30/12 ATTACHMENT 1C Page 4 of 3 contract and may result in a determination of an irresponsible offeror and debarment from participating in City work for a period of time not less than one (1) year. The undersigned certifies that the information provided and the MBEs) listed was/were contacted in good faith. It is understood that any MBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title(if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev.5/30112 Joint Venture Page 1 of 3 FORT WORTH CITY OF FORT WORTH MBE .Joint Venture Eligibility Form A/I questions must be answered;use"NIA"if not applicable: Name of City project: Sanitary Sewer Improvements-Contract 52,Part 3 A joint venture form must be completed on each project RFP/Bid/Purchasing Number: 1. Joint venture information: Joint Venture Name: Joint Venture Address: (If applicable) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture A(QE firm Non-MBE firm -name: name: Business Address: Business Address: City,State,Zip: City,State,Zip: "Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 2. Scope of work performed by the Joint Venture: Describe the scope of work of the N1BE: Describe the scope of work of the non-MBE: Rev.5/30/12 Joint Venture Page 2 of 3 3. What is the percentage of MBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. S. List components of ownership of joint venture: (Do not complete if this it formation is described in joint venture agreement) Profit and loss sharing: Capital contributions,including equipment: Other applicable ownership interests: 6. Identify by name, race,sex and firm those individuals (with titles)who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating b. Marketing and Sales c. Hiring and Firing of management personnel d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's MMBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's BDE Ordinance. Rev.5/30/12 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identity and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint h venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false _statements or willful misrepresentation of facts. ------------ Name of MBE firm Name of non-MBE firm J ^ Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner i Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Tide Title Date Date Notarization State of County of On this day of 20 ,before me appeared and 1 to me personally known and who,being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires (seap Rev.5/30/12 FORT WORTH City of Fort Worth Small Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is greater than $50,000, then a SBE subcontracting goal may be applicable. If the total dollar value of the contract is $50,000 less than a SBE subcontracting goal is not applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Small Business Enterprises (SBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. SBE PROJECT GOALS The City's SBE goal on this project is 2 % of the total bid (Base bid applies to Parks and Community Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts greater than $50,000 where an SBE subcontracting goal is applied, bidders are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by either of the following: 1. Meet or exceed the above stated SBE goal through SBE subcontracting participation,or 2. Meet or exceed the above stated SBE goal through SBE Joint Venture participation, or; 3. Good Faith Effort documentation, or; 4. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department,within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the SBE documentation in person to the appropriate employee of the managing department and obtain a date/time receipt. Such receipt shall be, evidence that the City received the documentation in the time allocated.. A faxed copy will not be acceptedf 1. Subcontractor Utilization Form, if goal is received by 5:00 p.m., five (5) City business days after the bid met or exceeded: opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if participation is less than opening date, exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after the bid Utilization Form, if no SBEparticipation: opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received by 5:00 p.m., five (5) City business days after the bid perform all subcontracting/supplier work: opening date, exclusive of the bid opening date. 5. Joint Venture Form, if utilize a joint venture received by 5:00 p.m., five (5) City business days after the bid to met or exceed goal. 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-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at(817) 212-2674. Rev. 5/30/12 ATTACHMENT 1A Page 1 of 4 PORT WORTH City of Fort Worth SBE Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime Circle C Construction Co. PROJECT NAME: S/DBE NON-S/DBE Sanitary Sewer Improvements - Contract 52, Part 3 BID DATE May 15, 2014 City's SBE Project Goal: Prime's SBE Project Commitment: PROJECT NUMBER 0 % pia 01219 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the SBE 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 SBEs listed toward meeting the project goal must be located in the six(6) county marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 1s`tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL SBEs MUST BE CERTIFIED PRIOR TO CONTRACT AWARD. Small Business Enterprise (SBE) is defined as a business concern located in the marketplace that meets the Unites States Small Business Administration definition of a small business as outlined in the code of Federal Regulation 13 CFR 121. Firms certified as a Disadvantaged Business Enterprise (DBE) also meet small business enterprise requirements. Additionally, the City will accept firms certified as SBEs by Federal agencies or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. The City, at its discretion may elect to not accept a SBE certification and/or its assertion that it meets all certification requirements; If it is determined to be in the best interest of the City. Further, the City reserves the right to request SBEs, seeking to do business with the City, allow an audit and/or examination of any books, records and files held by the SBE that will substantiate its SBE certification. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating any active contracts and/or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. If hauling services are utilized, the prime will be given credit as long as the SBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The SBE may lease trucks from another SBE firm, including SBE owner-operators, and receive full SBE credit. The SBE may lease trucks from non-SBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the SBE as outlined in the lease agreement. Rev.5/30/12 ArTACHMENT 1A Page 2 of 4 FORT WO fH Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., SBEs and non-SBEs. SBE firms are to be listed first, use additional sheets if necessary. If a subcontractor/supplier is identified as a SBE, please attach a copy of the firm's SBE certification if they have not previously registered with the City's MNVBE Office. The MAN E Office may be contacted for verification. N NCTRCA OTHER o SUBCONTRACTORISUPPLIER T Detail Detail Company Name I Subcontracting Supplies Dollar Amount Address E Must be Attach SBE s Work Purchased Telephone/Fax R DE certrf ed Certification B E El F1 El 1-1 El 0 El 1-1 Rev. 5/30/12 ATTACHMENT 1A FoR 1-ftwl-fi Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., SBEs and non-SBEs. SBE firms are to be listed first, use additional sheets if necessary. If a subcontractor/supplier is identified as an SBE, please attach a copy of the firm's SBE certification if they have not previously registered with the City's M/WBE Office. The M/WBE Office may be contacted for verification. N NCTRCA OTHER o SUBCONTRACTOR/SUPPLIER T n Detail Detail Company Name i Must Subcontracting Supplies Dollar Amount Address ° DBE° Attach SBE S Work Purchased Telephone/Fax r certified Certification B E ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Rev. 5/30/12 ATTACHMENT 1A FOR"r WORTH Page 4 of 4 Total Dollar Amount of SBE Subcontractors/Suppliers $ Total Dollar Amount of Non-SBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval o Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The Contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed SBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, cnmplete and accurate information regarding actual work performed by all subcontractors, including SBE(s) and any special arrangements with SBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the SBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Name/Title(if different) Company Name Telephone and/or Fax Address E-mail Address City/State/Zip Date Rev.5/30/12 ATTACHMENT IB FRT�W(7� Page 1 of 1 City of Fort Worth SBE Prime Contractor Waiver Form PRIME COMPANY NAME: Check applicable block to describe prime Circle C Construction Co. PROJECT NAME: S/DBE NON-S/DBE Sanitary Sewer Improvements - Contract 52, Part 3 BID DATE May 15, 2014 City's SBE Project Goal: Prime's SBE Project Commitment: PROJECT NUMBER 0 Rio % 101219 If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Managing Department on or before 5:00 p.m., five (5)City business days after bid opening, exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including SBE(s) on this contract, the payment therefore and any proposed changes to the original SBE(s) arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the SBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Name(if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev.5/30/12 ATTACHMENT 1C Page 1 of 4 FORT WORTH City of Fort Worth SBE Good Faith Effort Form PRIME COMPANY NAME: Check applicable block to describe prime Circle C Construction Co. PROJECT NAME: S/DBE NON-S/DBE Sanitary Sewer Improvements - Contract 52, Part 3 BID DATE May 15, 2014 City's SBE Project Goal: Prime's SBE Project Commitment: PROJECT NUMBER 0 % % 101219 If you have failed to secure SBE participation and you have subcontracting and/or supplier opportunities or if your SBE participation is less than the City's project goal,you must complete this form. If the Offeror's method of compliance with the SBE goal is based upon demonstration of a "good faith effort", the offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 10 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Offeror. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a SBE or non-SBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2" tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev.5130/12 ATTACHMENT 1C Page 2 of 4 2.) Obtain a current (not more than two (2) months old from the bid open date) list of SBE subcontractors and/or suppliers from the City's M/WBE Office or the City's website. Yes Date of Listing No 3.) Did you solicit bids from SBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? ❑ Yes (If yes,attach SBE mail listing to include name of firm and address and a dated copy of letter mailed.) =No 4.) Did you solicit bids from SBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? ❑ Yes (If yes,attach list to include name of SBE firm,person contacted,phone number and date and time of contact.) =No 5.) Did you solicit bids from SBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile(fax), exclusive of the day the bids are opened? _QYes (If yes,attach list to include name of SBE firm,fax number and date and time of contact. In addition,if the fax is returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or"undeliverable confirmation" N o documentation may render the GFE non-responsive.) _❑_ 6.) Did you solicit bids from SBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened? =Yes (If yes,attach email confirmation to include name of SBE firm,date and time.In addition,if an email is returned as undeliverable,then that"undeliverable message"receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation and/or"undeliverable message"documentation may render the No GFE non-responsive.) NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods in order to be deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire SBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7. id you provide plans and specifications to potential SBEs? Yes =No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the SBEs? Yes No Rev. 5/30/12 ATTACHMENT 1C Page 3 of 4 :9No d you prepare a quotation for the SBEs to bid on goods/services specific to their skill set? Yes (If yes,attach all copies of quotations.) 10.�Was the contact information on any of the listings not valid? _f Yes (If yes,attach the information that was not valid in order for the MNVBE Office to address the corrections needed.) ❑ No 11.)Submit documentation if SBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the SBE was rejected and any supporting documentation the offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the offeror will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel. Please use additional sheets, if necessaty, and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain SBE participation on this project. The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work for a period of time not less than one (1) year. Rev.5130112 ATTACHMENT 1C Page 4 of 4 The undersigned certifies that the information provided and the SBE(s) listed was/were contacted in good faith. It is understood that any SBE(s) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title(if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev. 5130/12 Joint Venture Page 1 of 3 FORT WORTH Cr'FY OF FORT' WORTH SBE Joint Venture Eligibility Form A/l questions must he answered,use"NA"if not applicable Name of City project: Sanitary Sewer Improvements-Contract 52, Part 3 A joint venture firm most be completed on e�project RFP/i3id/Purchasing Number: 1. Joint venture information: Joint Venture Name: Joint Venture Address: (/f uppl icuhle) "Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture SBE firm Non-SBE firm —name: name: Business Address: Business Address: City,State,Zip: City,State,Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 2. Scope of work performed by the.Joint Venture: Describe the scope of work of the SBE: Describe the scope of work of the non-SBE: Rev. 5/30/12 Joint Venture Page 2 of 3 3. What is the percentage of SBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do nor complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions,including equipment: Other applicable ownership interests: 6. Identify by name and firm those individuals (with titles)who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating b. Marketing and Sales c. Hiring and Firing of management personnel d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the SBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's BDE Ordinance. Rev. 5/30/12 4 Joint Venture j Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall { agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name of SBE firm Name of non-SBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner 1 Signature of Owner Signature of Owner Title Title i Date Date Notarization State of County of On this day of 20 ,before me appeared and to me personally known and who,being duly sworn,did execute the foregoing affidavit and did state that they were i properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public fSignature Commission Expires (seal) 1 Rev.5130/12 -6.07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT NORTH Snnirar v Sell"r(mproremenls—Contract,52, port.? STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cils 01219 Revised July 1,2011 Official site of the City of Fort Worth,Texas �FORTWORTH CITY COUNCIL AGENDA COUNCIL ACTION: Approved on 10/29/2013 REFERENCE ** 20PREVAILING WAGE DATE: 10/29/2013 NO.: C-26534 LOG NAME: RATES 2013 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Adopt 2013 Prevailing Wage Rates for City Awarded Public Works Projects (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached 2013 Prevailing Wage Rates for City- awarded Public Works projects. DISCUSSION: Texas Government Code Chapter 2258 requires that a public body awarding a contract for Public Works shall determine the general prevailing rate of per diem wages for each craft or type of worker needed to execute the contract. The public body is required to specify in the bid documents for any Public Works contract, and in the contract itself, the wages as determined and adopted by the public body. The attached 2013 Prevailing Wage Rates data for Heavy and Highway Construction projects identifies the current Davis-Bacon Act prevailing wages for heavy and highway construction projects applicable to the local wage rate zone. The attached 2013 Prevailing Wage Rates data for Commercial Construction projects identifies average wage rates based on a salary survey conducted and published by the North Texas Construction Industry (Fall 2012). The 2013 Prevailing Wage Rates will be included in future City-awarded infrastructure bid documents and contracts once adopted. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bv: Fernando Costa (6122) Originating_Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Roy Teal (7958) ATTACHMENTS NewCOFW Hor.pdf NewCOFW Vert.pdf 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 2013 PREVAILING WAGE RATES (Commercial Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling Installer Helper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 Electrician (Journeyman) $ 19.63 Electrician Apprentice(Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building Assembler Helper $ 12.00 Metal Installer(Miscellaneous) $ 13.00 Metal Installer Helper(Miscellaneous) $ 11.00 Metal Stud Framer $ 16.12 Metal Stud Framer Helper $ 12.54 Painter $ 16.44 Painter Helper $ 9•98 Pipefitter $ 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Page 1 of 2 Reinforcing Steel Setter Helper $ 11.08 Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Steel Worker Structural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane,Clamsheel, Backhoe, Derrick, D'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 16.77 Welder $ 19.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry(Fall 2012)Independently compiled by the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's(The Construction Association)website. www.texoassociation.org/Chapter/wagerates.asp Page 2 of 2 GC-6.09 Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLAND CITY OF FORT WORTH er Improvemoits—Cownwr i2.hurt? STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July 1,2011 Approval Form Page I of I Approval Form APPROVAL Online version 11/2005 To Tom Dayton Date 4/30/2012 City of Fort Worth Application No.FTW20120423111931 1000 Throckmorton St District App. No.220-ss-68-2012 Fort Worth,TX 76102 Highway US 0287 Control Section 017206 Maintenance Section South Tarrant County Tarrant TxDOT offers no objection to the location on the right-of-way of your proposed utility installation,as described by Notice of Proposed Utility Installation No. FT V20120423111931 (District Application No.220-ss-68-2012) dated 4/30/2012 and accompanying documentation,except as noted below. Have a great day. When installing utility lines on controlled access highways,your attention is directed to governing laws, especially to Texas Transportation Code,Title 6,Chapter 203,pertaining to Modernization of State Highways;Controlled Access Highways.Access for serving this installation shall be limited to access via(a)frontage roads where provided, (b) nearby or adjacent public roads or streets, (c)trails along or near the highway right-of-way lines,connecting only to an intersecting roads;from any one or all of which entry may be made to the outer portion of the highway right-of-way for normal service and maintenance operations.The Installation Owner's rights of access to the through-traffic roadways and ramps shall be subject to the same rules and regulations as apply to the general public except,however,if an emergency situation occurs and usual means of access for normal service operations will not permit the immediate action required by the Utility Installation Owner in making emergency repairs as required for the safety and welfare of the public,the Utility Owners shall have a temporary right of access to and from the through-traffic roadways and ramps as necessary to accomplish the required emergency repairs,provided TxDOT is immediately notified by the Utility Installation Owner when such repairs are initiated and adequate provision is made by the Utility Installation Owner for convenience and safety of highway traffic. The installation shall not damage any part of the highway and adequate provisions must be made to cause minimum inconveniences to traffic and adjacent property owners. In the event the Installation Owner fails to comply with any or all of the requirements as set forth herein,the State may take such action as it deems appropriate to compel compliance. It is expressly understood that the TxDOT does not purport,hereby,to grant any right,claim,title,or easement in or upon this highway;and it is further understood that the TxDOT may require the Installation Owner to relocate this line, subject to provisions of governing laws, by giving thirty(30)days written notice. If construction has not started within six(6)months of the date of this approval,the approval will automatically expire and you will be required to submit a new application.You are also requested to notify this office prior to commencement of any routine or periodic maintenance which requires pruning of trees within the highway right-of- way,so that we may provide specifications for the extent and methods to govern in trimming,topping,tree balance, type of cuts, painting cuts and clean up.These specifications are intended to preserve our considerable investment in highway planting and beautification, by reducing damage due to trimming. Special Provisions: You are required to notify TxDOT 48 hours(2 business days)before you start construction to allow for proper inspection and coordination of work days and traffic control plans. Use the UIR website for the 48-hour notification. DO NOT start construction until you have coordinated the construction start date and inspection with TxDOT.You are also required to keep a copy of this Approval,the Notice of Proposed Installation,and any approved amendments at the job site at all times. Texas Department of Transportation By J D Greenhill Title Utility Supervisor District Fort Worth https://apps.dot.state.tx.us[UIRPRO/lib/NoticeApproval.asp?ApproverlD=DOT20070622102546&Permit... 4/30/2012 w !1 � • — Sz a r� y { t 1 _ AU • ® • , � / ?r�4 rc ' !yam ORION �• � �� ��:��,`j.�`_ems°'' �-��,.r�.�»"roe►��,"�,`.;_;-�..,�'---��•�,��i�� ®, -- _jy�v �� iMM���y�'t��aZ��r��'1•"'S'q� -�,� ,,,��1�1�rilir!:T�T,a•�_�r i ^r Page 1 of 1 Notice of Proposed Installation rxe� Utility Line On TxDOT Highway Right of Way O�parfm�nf a r�n�pon,u«, Installation Application Online version 4/2006 To the Texas Transportation Commission Date 4/24/2012 c/o District Engineer Application No. FTW20120423111931 Texas Department of Transportation Fort Worth District,Texas Formal notice is hereby given that City of Fort Worth proposes to install a utility facility within the right-of-way of US0287 in Tarrant County,Texas as follows:(details are shown on page 2) Installation of City of Fort Worth sewer line.Will involve boring 20"ductile iron pipe within 36"steel casing pipe across Lancaster Ave.at a depth of approx.15'deep and across U.S.287 at depths of 26'- 45'doep.Project will also include abandoning two existing sewer lines crossing U.S.287 and abandoning one existing sewer line crossing Lancaster Ave. The line will be constructed and maintained on the highway right-of-way as shown on the attached drawing and in accordance with the rules,regulations and policies of the Texas Department of Transportation (TxDOT),and all governing laws,including but not limited to the"Federal Clean Water Act,"the"National Endangered Species Act,"and the"Federal Historic Preservation Act.'Upon request by TxDOT,proof of compliance with all governing laws,rules and regulations will be submitted to TxDOT before commencement of construction. Our firm will use Best Management Practices to minimize erosion and sedimentation resulting from the proposed installation,and we will revegetate the project area as indicated under"Revegetation Special Provisions.* Our firm will ensure that traffic control measures complying with applicable portions of the Texas Manual of Uniform Traffic Control Devices will be installed and maintained for the duration of this installation. The location and description of the proposed installation and appurtenances Is more fully shown by 1 files containing drawings and other pertinent information uploaded to the website. Construction will begin on or after August 1.2012 and end on or before August 1.2013 I certify that I am authorized to represent the Firm listed below,and that our Firm agrees to the conditions/provisions included in this notice. Utility Installation Owner City of Fort Worth By Tom Dayton Title Address 1000 Throckmorton St Fort Worth,TX 76102 Phone No. 817-665-7117 E-mail address tdayton@tnp-oniine.com http://apps.dot.state.tx.us/UTRPR0/lib/PermitNotice.asp?Pei-mitEventNo=O&PermitApNo=FTW2012042... 4/24/2012 "C I 1 i� wv%9"lw"iHj aA0 CN 1Ai'OW ADO 1 Wcu lauam 1HOf 1ri7ACM/1M3Y[IAOWh/T'll1YJ Ct1a✓! I co 70001.1 �tiy�Q�dti Ah� 3r� M1 xx� O k I..tie�evwmwGagd �: w� p law It m7 i £ CL CVLO 1 z s O CC W t-- In UQ vow _ - LL cn Q Li- Uj CC C) s p �,, tiU F-- z Q) co U-1 Yool Q, Q tE t- > � 2 ado I0 o do � wi R � ] jot am � � Iltl U NO • o O o {{4 u o i tit p1 t. 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DAVID FOWLER AREA ENGINEER 254-965-3511 DAVID BULLARD ASST AREA ENG./UTILITY COORD. 254-965-3511 (57)PARKER A P::La,PINTO COUNTY AREA OFFICES JOHN CORDARY AREA ENGINEER 682-229-2800 STAN ELLIOTT ASST AREA ENG./UTILITY COORD. 682-229-2800 Specitications for Utility Installations 3 Fort Worth District 's I DRIVEWAYS'-;SIGNALS MESSAGE BOARDS. DRIVEWAY_',PERMITS WALLACE RENNELSDRIVEWAY PERMIT SUPERVISOR 817-370-6526 TRAFFIC,'SIGN S ROBERT SHAW SIGNAL SHOP SUPERVISOR 817-370-6806 7RAFFIG.MANAGEMENT' MESSAGE BOARDS ROBERT SHAW MESSAGE BOARD/FIBER SUPERVISOR 817-370-6806 BILLY MANNING TRAFFIC SYSTEMS SUPERVISOR 817-370-6745 CELL 817-239-7024 FORT WqqTff DISTRICT MAINTENANCE OFFICES JOHNSONCOUNTY MAINTENANCE RALPH GARZA MAINTENANCE SUPERVISOR 817-202-2900 Ronald Rueter UTILITY INSPECTOR 817-202-2905 CELL 817-659-8909 WISE&JACK CQUNTYMAINTENANGE RICKY TOMPKINS MAINTENANCE SUPERVISOR 940-626-3400 KEITH PROCHNOW UTILITY INSPECTOR(WISE) 940-626-3400 GERRY STONE UTILITY INSPECTOR(WISE) 940-626-3400 JANA ROBINSON UTILITY INSPECTOR(JACK) 940-567-6611 NQRTti TiARRANT COUIVTY�MAINTEPiANC SMOKEY PHILLIPS MAINTENANCE SUPERVISOR 817-399-4350 STACY CLACK UTILITY INSPECTOR CELL 817-313-3873 SOUTH TARRANT_,;,'GOUNTY MAINTENANCE RALPH GARZA MAINTENANCE SUPERVISOR 817-370-6903 BRENDA RICHARDS UTILITY INSPECTOR CELL 817-307-1617 ERAZH,HOQD;yS_OMERVELL,CU.UNTY`IVIAINTENANCE JAMES HAND MAINTENANCE SUPERVISOR 254-897-2647 TONY MUNOZ UTILITY INSPECTOR 254-897-2647 CELL 817-287-9802 PALO�PtNTO COUNTY MAINTENANCE SCOTT JONES MAINTENANCE SUPERVISOR 682-229-2804 WAYNE FRAIZER UTILITY INSPECTOR(PARKER) 682-229-2806 1N CASE OF EMERGENCIES, CONTACT J.D. GREENHILL AT 682-225-0796, LIGHTS AND TRAFFIC CONTROL DEVICES SHALL ALWAYS BE USED, AND WILL BE IN STRICT ACCORDANCE WITH THE GUIDELINES OF THE TMUTCD. TXDOT'S MISSION STATEMENT Specifications for Whit}histallatious 4 Burt Worth District I 1 1 The mission of the Texas Department of Transportation is to provide safe, effective and efficient movement of people and goods. � SAFETY Please refer to the Texas Manual on Uniform Traffic Control Devices for questions concerning traffic control. While working on TXDOT right of way hard hats and fluorescent safety vest are required at all times. PROTECTION OF HIGHWAY FACILITIES All construction operations relative to installation of the Utility shall be conducted in such manner as to protect highway facilities from damage at all times_ In addition, all work must be done in strict accordance with all applicable regulations of the occupational Safety and Health Administration (OSHA) of the US Department of Labor. l USE OF EXPLOSIVES NQ explosives shall be used within limits of highway right-of-way without written permission. PROTECTION OF EXISTING UTILITIES Prior to beginning actual construction operations the Utility shall notify all other Utility Companies who may have facilities in the area so they can determine if the proposed construction will conflict with or otherwise damage their facilities. REMEMBER:1-800-DIG-TESS DEVIATION FROM APPROVED PLANS No changes shall be made to the approved location of utilities without prior authorization of TxDOT. The Utility shall make necessary arrangements with other Utility Owners for moving facilities and/or supporting same during trenching operations. Any poles, anchors, etc. relocated to dear the proposed underground utility line shall be moved toward the highway right-of-way line and location shall be subject to TxDOT approval.All utility lines incorrectly installed shall be removed and laid in proper location at the entire expense of the Utility. STAKING OF UTILITY LINES IN ADVANCE OF CONSTRUCTION Utility lines shall be staked well in advance of construction so that TxDOT can inspect staking to verify that the alignment conforms to requirements set out herein and that there is no conflict with highway facilities. FULL TIME SUPERVISION AND INSPECTION The Utility shall provide competent full-time supervisors or inspectors for all utility installations. 48 Hour notification is required for utility installations. Please have the following information ready when you call or submit: • APPROVED PERMIT NO. • STATE HIGHWAY NO. • UTILITY COMPANY • UTILITY SUPERVISOR OR INSPECTOR'S NAME and UTILITY MOBILE NO. • GENERAL CONTRACTOR'S NAME • NAME OF FOREMAN and MOBILE PHONE NO. • START DATE TXDOT LOCATES 48 Hour notification is required for TXDOT locates. BE AWAREII TXDOT has a considerable investment in traffic signals, lighting, and traffic management system. These systems include underground electric and fiber optic lines. If any of the above facilities are within the limits of the utility project, the utility is required to call the phone numbers listed: Signals and lighting:(817)370-6671 Traffic Management: (817)370-6745 AERIAL CROSSINGS Spcciriottiuns for Utility Installations 5 Furt Worth District 72 Hour(3 business days)notification is required for aerial crossings. Crossings on controlled access highways and/or high volume roadways can only be performed on Sunday, between the hours of 3 a.m.to 7 a.m.with police assistance and traffic control. Crossings on non-controlled access roadways and/or low volume roadways can be performed anytime during the week,Monday thru Friday,between the hours of 9 a.m.and 4 p.m.with proper traffic control, LANE CLOSURES 72 Hour(3 business days)notification is required for lane closures prior to the alteration of traffic flow. If a lane closure is required due to an unforeseen situation and after a utility permit has been approved, it will be necessary to call the TxDOT Utility Permit Office at 8171370-6588. A traffic control plan must be submitted and approved by TxDOT prior to lane closures, Note: An Engineer's seal may be required for lane closures on controlled access highways and high volume roadways. STOCKPILES ON TXDOT ROW Stockpiling will be allowed with permission from TxDOT. Once, permission has been granted, stockpiling can start forty-eight hours prior to construction. The stockpile shall be placed on the right of way line or as close as possible without obstructing the curb, pavement, or line of site. All materials must be removed from TxDOT right of way completion of the utility project. COORDINATION OF WORK WITH HIGHWAY CONTRACTOR OR STATE FORCES All work related to the installation of utilities shall be conducted in such manner as not to interfere in any way with highway construction or TxDOT maintenance operations. WORK DAY RESTRICTIONS Except, in cases of emergency, no work will be allowed on Saturdays, Sundays, Federal or State Holidays or at night. EXCEPTIONS MAY BE GRANTED BY TXDOT IF the Utility shows that "off day" work is necessary to avoid service interruptions to the public and the Utility agrees to the following conditions: Obtain TxDOT approval at least 48 hours in advance.The Contractor is required to have sufficient personnel and equipment on the job to efficiently execute the work. The utility will have a supervisor or inspector present on the job at all times while the work is in progress. INCLEMENT WEATHER To ensure the safety of the traveling public, as well as the contractor and his crew and TxDOT agents, no work shall be allowed during inclement weather such as, but not limited to rain, fog, snow and sleet effects visibility and/or traction. PITS All pits shall be excavated and closed within 48 hours. If the utility wishes to leave pits open overnight, reflective barricades must be employed. BORE AND TUNNELING OPERATIONS Speciricatimts ror Utility Installations 6 Fort woilh District • GENERAL REQUIREMENTS Utilities crossing under surfaced roads within the limits of highway right-of-way shall be placed by auger bore or tunnel method,unless otherwise specifically authorized by TxDOT. Bores or tunnels shall be placed at depths below the roadway structure which are sufficient for superimposed live and dead loads and also prevent collapse of supporting soil between hole and roadway. Boring and tunneling operations shall extend outside of the front slope and clear zone of the highway. • Bores Where material beneath pavement is sandy or unstable and will be subject to caving, the hole for the casing shall be bored and cased simultaneously and bored material removed through casing. Cutting face of auger or drill shall not project more than six(6)inches ahead of casing and no water shall be used in connection with drilling. Where material beneath pavement is stable and not subject to caving,and allowed by TxDOT,the hole for the casing may be bored first and casing inserted in the hole immediately after completion of boring. If allowed by TxDOT,water may be used in conjunction with boring. Bore Pit Location Pits excavated for boring or tunneling operations shall be located so that any possible sloughing of sides of pit will not endanger shoulders or pavements and so that barricades can be placed as specified in the TMUTCD. Bore pits should be located at least thirty feet from the edge of the nearest through traffic lane and not less than twenty feet from the edge of pavement on ramps. On low traffic roadways and frontage roads, bore pits should not be less than ten feet from the edge of pavement or five feet from face of curb. • Tunneling While hole is being tunneled,casing shall normally be jacked into place as operations progress. Working face of excavation shall not precede advancing end of casing by more than two and one half(21n)feet unless otherwise allowed by TxDOT. • Grouting All voids around casing shall be pressure grouted. The grout shall consisting of Portland Cement and washed sand and containing not less than two (2) sacks or Portland Cement per cubic yard of grout. Additional cement shall be added if workability and/or stability cannot be obtained. An air-entraining agent may also be added to the grout mixture to facilitate flow if necessary. Grouting shall be done immediately after casing has been installed in hole in order to avoid any shearing of soil and settlement of over burden above casing. Means shall be provided for proving that voids are filled around 24"diameter and larger casings in the event there is some doubt by TxDOT. TxDOT may require the Utility to install removable plugs at intervals inside the casing. No holes shall be drilled in pavement or shoulders for grouting operations. MARKERS The Utility shall place a readily identifiable and suitable marker at each right-of-way line for highway crossings. Utilities that parallel the right of way shall place a marker every 1500 feet, at intersecting streets, and highway drainage culverts. ABOVE-GROUND APPURTENANCES Above-ground appurtenances, such as pedestals, fire hydrants, meters, etc., shall be located at the right-of-way line. BACKFILL OF UTILITY TRENCHES Specifications for Utility installations 7 Dori North District DESCRIPTION This specification shall govern backfill of trenches, which have been opened for the removal, adjustment, or installation of utility lines within the limits of highway right-of-way. Except when permission is granted, compacted backfill will be used for utility installations. Backfill shall consist of compacted material obtained from suitable soil excavated from the trench,or from sources outside the highway right-of-way. Material shall be free of rock,lumps,or clods that will not break down under compaction. Backfill material shall be placed in the trench in layers not to exceed 6"in depth and compacted. Water shall be added as required to facilitate compaction. Compaction shall be done with rollers or mechanical tamps. Use of rollers will be allowed only when such use is not believed detrimental to any highway facility. The type of roller used must be acceptable to TxDOT. When rollers are used,mechanical tamps shall be used along the sides of trench to compact any backfill that cannot be reached with rollers. Compacting shall be continued until a backfill density is equal to that of the adjacent, undisturbed material. Where trenches lie within the limits of drainage ditches and channels, which are in solid rock,TxDOT may require 1'of concrete backfill,struck off flush with the top of rock. SITE CLEAN UP Thgf_Utthty is responsible for site,clean up at_the_cnd of,each workdayl Roadways adjacent to the utility construction site shall be kept free from debris, construction materials,and mud. At the end of each day,construction equipment and materials shall be moved as far from the roadway as feasible within the safety rules. If mudding of the roadway occurs at any time,the roadway shall be cleaned immediately. When the utility installation Is complete, the right-of-way shall be reshaped to its original condition and the area reseeded or re-sodded to reduce erosion. Should settlement or erosion occur within one (1) year of the utility installation, TxDOT may specify prompt replacement at the utility's expense for bringing the construction site to a satisfactory condition. TxDOT will restore sites that are left at an unsatisfactory condition after notification has been sent to the utility. These sites will be restored to original condition. The utility shall fully reimburse all costs incurred by TxDOT for all repairs made by TxDOT. These costs include, but are not limited to matters of traffic safety, right of way contour, restoration and repairs to all highway structures: including, but not limited to roads, driveways, terrain, landscaping,fences,etc. REPAIR AND REPLACEMENT OF RIPRAP AND EARTH SLOPES Any existing riprap cut by trenching operations shall be replaced and surface of new riprap finished to match that of existing riprap. Concrete riprap shall contain not less than three (3) sacks of cement per cubic yard of concrete. Reinforcing steel shall conform to that of existing riprap. SPECIAL PRECAUTIONS FOR EROSION CONTROL Special precautions should be taken during utility installations to avoid disturbing existing drainage courses. In addition, soil erosion should be held to a minimum and sediment from the construction site should be kept away from the roadway and drain inlets. During construction the roadbed and ditches shall be maintained in such condition to insure proper drainage at all times. Ditches and channels shall be maintained to avoid damage to the roadway, To avoid soil erosion, it is advised and encouraged that the Utility Contractor use all applicable means (i.e. silt fences, hay bails,rock filter dams,etc.)to detour soil from eroding into roadway,ditches,and adjacent property. SEEDING SPECIFICATIONS Spcciricaitions for Utility lusollations S Fort worth District i I i E i RURAL AREA WARM-SEASON SEEDING RATE In pounds, Pure Live Seed PLS. Mixture for Clay or Tight Soils Mixture for Sandy Soils Dates Eastern Section Western Section All Sections Feb 1 Green Sprangletop 0.6 Green Sprangletop 0.6 Green Sprangleton 0.7 To Sideoats Grama(El Reno) 1.8 Sideoals Grama(Haskell or El Reno) 1.8 Sideoats Grama(Haskell) 2.2 May 1 Bermudagrass 0.8 Little Bluestem 1.1 Bermudagrass 0.9 Little Bluestem 1.1 Indiangrass(Lometa or Cheyenne) 1.5 Little Bluestem 1.4 K R Bluestem 0.7 K-R Bluestem 0.7 Sand Dropseed 0.2 Switchgrass 1.2 Swilchgrass(Alamo or Blackwell) 1.2 Total 6.2 1 Total 6.9 1 Total 5.4 URBAN AREA WARM-SEASON SEEDING RATE In Pounds, Pure Live Seed PLS Mixture for Clay or Tight Soils Mixture for Sandy Soils Dates Eastern Section Western Section All Sections Feb 1 Green Sprangletop 0.9 Green Sprangletop 1.1 Green Sprangletop 1.1 To Bermudagrass 1.2 K-R Bluestem 1.3 K-R Bluestem 1.3 May 1 K-R Bluestem 1.0 Buffalograss 10.7 Buffalograss 1.5 Suffalograss 8.0 Total 11.1 Total 13.1 Total 3.9 TEMPORARY COOL-SEASON SEEDING RATE In pounds, Pure Live Seed PLS Dates All Sections Feb 1 Tall Fescue 4.0 To Western Wheatgrass 5.0 May 1 Wheat(Red,Winter) 30.0 Total 39.0 TEMPORARY COOL-SEASON LEGUME SEEDING RATE In pounds, Pure Live Seed PLS Dates All Sections Aug 15 Crimson Clover 7.0 to Nov 30 Total 7.0 TEMPORARY WARM-SEASON SEEDING RATE In pounds, Pure Live Seed PLS Dates All Sections May 1 Foxtall Millet 30.0 to Nov 30 Total 30.0 Note:Names in parenthesis 0 represent'improved'varieties of the species shown. Spairicatiuns for utility lustaltations 9 Fort Worth District i AESTHETICS To preserve and protect trees, shrubbery, and other aesthetic features on the highway right-of-way,TxDOT may specify the extent and methods of tree removal,tree trimming,or their replacement. TxDOT may also specify the installation methods of the underground or overhead utility in order to protect and preserve trees and other aesthetic features. REQUIRED PRUNING PRACTICES PRIOR TO CUTTING • Locate utility lines with the least possible interference with trees. • Amount of clearance should be determined by the rate of tree growth. Remove minimum number of branches to provide adequate clearance. • Maintain adequate clearance for lines,NOT EXCESSIVE CLEARANCE. • ALL pruning shall conform to recognized tree surgery practice. • Preserve natural character of tree. WHERE TO CUT In removing a limb, the cut should be made at a fork where the remaining branch will be at least one third the diameter of the one removed. LIMB REMOVAL 1. In removing branches the cut should be made at a fork with the remaining branch at least one-third the diameter of the one removed. 2. Undercut 1/3 of the way through the limb,8 to 12 inches from the main stem. 3. Remove limb 4 to 6 inches out from the first out. 4. Remove stub with an even out so that a trace(called a"collar")still protrudes(about'/ inch). 5. All cuts two(2)inches or over shall be painted with an approved tree dressing or paint.*See pg 11. DISPOSAL OF CUTTINGS All pruned wood and brush must be removed from the right of way and disposed of in accordance with the laws and regulations of the community,county,and state. Disease branches (especially those infected with oak wilt) must be properly disposed of to prevent the further spread of the disease. Spccificatious for Utility Installations 10 Fort Worth District PRUNING SUGGESTIONS ^ 1. r.0, lacs ,(it +d• � yS:;:;yvi '?,T}.i 1 ;5��. V-''L? lt",."I v.. DESIRABLE TREE MODIFICATIONS .Y- a^Uu .,�,.� „iyv.i:K�i�114r }y•y"�cr'i.`.+ PRESERVING SYMMETRY. UNDESIRABLE TREE MODIFICATIONS Such Irse-line relolionships as. illustrated perpetuates high molntanone* eosts and right-of-way unsightliness. •:f i ,. +'. �r tip, t t�s.- + '' OE SIR ABLE DESIRABLE UNDESIRABLE _ UN DESIRABLE DESIRABLE ,., � ti"t'e 1'��, •,,. � ; ,i - ;t^Remove ilmh \ —�{•: { \ rf ;.� f f si:�l 4''G' from i � / Cal. Undsi 1i3 ua� through limb 8d2'from k �� "^ ^ f•_ main stem. Remove slob @ Ffnished cut with an even, txhh no free* i flush cut. y of club. f R DESIRABLE DESIRABLE UNDESIRABLE PROPER LIMO REMOVAL (Tdlo.or more) specifications for Utility f„stauations i 1 fort North District Andrew Luce From: J.D. Greenhill <JD.Greenhill@txdot.gov> Sent: Friday,April 11, 2014 2:36 PM To: Andrew Luce Cc: Chaubey, Rakesh; Ben Trevino; Randell Brown; Lewie Morris Subject: RE:Application approved. Notify TxDOT(using UIR)2 business days prior to construction Attachments: FTW-09249-002.pdf Good day all This will work good. if anything changes just let us know and we will do the same. Hope you have a great day. jd From: Andrew Luce [mailto:ALuce@TNPINC.com] Sent: Thursday, April 10, 2014 2:46 PM To: J.D. Greenhill Cc: Chaubey, Rakesh Subject: RE: Application approved. Notify TxDOT(using UIR) 2 business days prior to construction J.D., Good afternoon. I know we have asked a couple of times for the extension of the construction dates for our proposed sanitary sewer project,see layout attached, near Lancaster and US 287. 1 wanted to give you an update on the project: 1. We are advertising this project next Thursday,April 17'h. 2. We will open bids on May 81". 3. Construction should begin in August of this year. The last time we discussed this project,see emails below,you said as long as we called and emailed the TOOT inspector a minimum of 48 hours prior to construction beginning,we could handle the extension/revision of construction dates then. Please let me know if this is still the procedure or if we need to do anything to revise the permit. I really appreciate your time and patience in getting this project to construction. Thanks, Andrew From: J.D. Greenhill fmailto:JD.Greenhill(@t:xdot.gov] Sent: Friday, November 08, 2013 1:28 PM To: Andrew Luce Subject: RE: Application approved. Notify TOOT(using UIR) 2 business days prior to construction Good day sir Yes. Send the notice in both by phone and by computer. Hope you have a great day. jd 1 1 JD. Greenhill 2501 S.W Loop 820 Fort Worth,TX 76133 817-370-6588 Mobile 682-225-0796 Jd.greenhill@txdot.gov From: Andrew Luce [mailto:ALuceC@TNPINC.coml Sent: Friday, November 08, 2013 11:42 AM To. J.D. Greenhill Subject: RE: Application approved. Notify TxDOT(using UIR) 2 business days prior to construction J.D., Just to summarize our phone conversation the other day, if the revised plans only involved abandoning an additional line and did not affect any locations or elevations of proposed sewer lines,there would be no need to amend the permit by sending in revised plans and revising the construction dates. Rather,the City would give the inspector a 48 hour notice prior to construction and the construction date changes could be handled then. If this is inaccurate, please let me know. Thanks, Andrew From: J.D. Greenhill rmailto:JD.Green hill(@txdot.govl Sent: Friday, November 01, 2013 6:19 PM To: Andrew Luce Subject: RE: Application approved. Notify TxDOT(using UIR) 2 business days prior to construction Good day Andrew It will be best to send the permit back to us with the amended plans and start dates. We will review and approve. Please call if you need any help. Hope you have a great day. jd JD. Greenhill 2501 S.W Loop 820 Fort Worth,TX 76133 817-370-6588 Mobile 682-225-0796 Jd.greenhill@txdot.gov From: Andrew Luce [mailto:ALuce@TNPINC,com] Sent: Friday, November 01, 2013 2:07 PM To: J.D. Greenhill Subject: RE: Application approved. Notify TxDOT(using UIR) 2 business days prior to construction J.D., 2 {"IiI I was wondering if you had a chance to look at this permit.We will be advertising soon and am wondering if I will need to submit a new permit application with the revised plans or be able to revise the dates on the previously approved permit. Thanks, Andrew From: Andrew Luce Sent: Friday, October 25, 2013 2:48 PM To: 'J.D. Greenhill' Subject: RE: Application approved. Notify TxDOT(using UIR) 2 business days prior to construction Mello J.D., The City of Fort Worth has funding to perform the sanitary sewer project in the location of Lancaster and US 287 that we submitted plans on many months back(see previous emails below). I believe per your last e-mail that the permit as it was currently setup would be good until August 13`h of 2012 but could be extended.We will be advertising the project in the next month with construction expected from February of 2014 to February 2015. We also have signed plans that have had minor changes from the set originally submitted. Should be submit the revised plans under a new permit?Can we send revised plans and get an extension on the permit we currently have? Please call or e-mail me to discuss so that we can submit the appropriate items in the method you prefer. Thanks, Andrew League nail & perkins Andrew Luce, P.E. Project Manager 1 100 Macon Street Fort Worth, Texas 76102 817.336.5773 Main 817.665.8208 Direct 817.336.2813 Fax aluce(CDtnpinc.com From: J.D. Greenhill [mailto:JD.Greenhill(altxdot.gov] Sent: Monday, November 05, 2012 3.35 PM To: Andrew Luce Cc: Chaubey, Rakesh Subject: RE: Application approved. Notify TxDOT(using UIR) 2 business days prior to construction Good day Mr.Andrew The city will be find. This permit will be good till August 13, and with another phone call (email)we can make it last longer. 3 ;I I Hope you have a great day. Jd-817-370-6588 From: Andrew Luce [mailto:ALuce@TNPIN�.com Sent: Monday, November 05, 2012 3:01 PM To:J.D. Greenhill Cc: Chaubey, Rakesh Subject: FW: Application approved. Notify TxDOT(using UIR) 2 business days prior to construction J.D., Several months ago we submitted on behalf of the City of Fort Worth to install a sanitary sewer line near 287 and Lancaster.The permit was approved but the project was held up due to easement acquisition.The project is back on track, but we need to revise the construction dates.The original permit was for August 2012-August 2013.We will need to change this to March 2013-March 2014. Do I need to submit a brand new permit request or is there a way of modifying/extending the start and end date of the permit? Thanks, Andrew tnx.& league nail & parkins Andrew Luce, P.E. Project Manager 1 100 Macon Street Fort Worth,Texas 76102 817.336.5773 Main 817.665.8208 Direct 817.336.2813 Fax aluce@tnpine.com ---Original Message----- From:TxDOT Utility Installation Review System (mailto:icoope2@dot.state.tx.usi Sent: Monday,April 30,2012 6:08 PM To:Tom Dayton Cc: ROWMSUSTAFFC@dot.state.tx.us; rowmsustaff@dot.state.tx.us; id.greenhill@txdot.gov; Ieo.lewis@txdot.gov; brenda.richards@txdot.gov; ROW MSUSTAFF@txdot.gov;Tom Dayton;Andrew Luce; rakesh.chaubey fortworth og�v.orQ Subject:Application approved. Notify TxDOT(using UIR) 2 business days prior to construction TxDOT Utility Installation Request System Installation Request No.: FTW20120423111931 Application approved. Notify TxDOT(using UIR) 2 business days prior to construction Installation Owner: City of Fort Worth 4 Office Name: Department of Engineering j Applicant Name: Tom Dayton Phone:817-665-7117 Mohile: Email: tdayton@tnp-online.com Route: US0287 Control Section:017206 Details: https-.Happs.dot.state.tx.us/UIRPRO/ucint/ucLogin.asp Notice of Proposed Installation: https:Ha pps.dot.state.tx.us/U IRP RO/x718O/FTW/12/04/23/111931/FTW20120423111931_Notice_l.pdf Approval Form: httPs:Happs.dot.state.tx.us/UIRPRO/x7180/FTW/12/04/23/111931/FTW20120423111931 Approval.pdf Installation Owner is required to keep a copy of the Notice of Proposed Installation,Approval Form, and any approved amendments at the job site at all times. From:J D Greenhill To:tdayton@tnp-online.com CC: ROWMSUSTAFF@dot.state.tx.us; rowmsustaff@dot.state.tx.us;id.greerihill@txdot.gov; leo.lewis@txdot.gov; brenda.richards@txdot.gov; ROW_MSUSTAFF@txdot.gov;tdayton@tnp-online.com;aluce@tnp-online.com; rakesh.chaubey@fortworthgov.org Sent:4/30/2012 6:07:52 PM Note: If you are an Outlook user, please disable the option to remove extra line breaks. You can do this in Outlook by going to:Tools/Options/Preferences/Email Options Drunk drivers wreck cars. And lives. x Drunk drivers wreck cars. And lives. 5 I Andrew Luce I From: Sauceda, Robert <Robert.Sauceda@fortworthtexas.gov> r Sent: Friday, February 01,2013 10:04 AM To: Andrew Luce;Chaubey, Rakesh Cc: Bruton, Kevin Subject: Fw:Contract 52, Part 3 -Coordination with AT&T and other Utilities Please proceed with finishing the plans, per email below, Thank you, Roberto C.Sauceda Project Manager Fort Worth Water Dept. City of Fort Worth (682)432-5478 phone (817)392-8195 fax Email sent via BlackBerry Torch From: Sharp, Curt[mailto:John.Sharp@oncor.com] Sent: Friday, February 01, 2013 09:54 AM To: Sauceda, Robert Subject: RE: Contract 52, Part 3 -Coordination with AT&T and other Utilities Robert, Oncor is ok with the crossing; the crossing is within TXDOT's row. Please keep in mind that Oncor has a 69kv electric transmission line located within its easement area. If you have any questions, please let me know. Thank you, Curt Sharp Oncor Transmission ROW 115 W. 7th Street, Suite 505 Fort Worth, Tx 76102 Ofc: 817-215-6262 From: Sauceda, Robert[mailto:Robert.Sauceda@fortworthtexas.gov] Sent: Friday, February 01, 2013 8:46 AM To: Sharp, Curt Subject: FW: Contract 52, Part 3 - Coordination with AT&T and other Utilities FYI I From: Sauceda, Robert f Sent: Thursday, January 31, 2013 4:51 PM To: 'Robert.Martinez2@oncor.com' Cc: Chaubey, Rakesh; 'ALuce@TNPINC.com; Bruton, Kevin Subject: Fw: Contract 52, Part 3 - Coordination with AT&T and other Utilities ii i Robert, Do we have to get a encroachment agreement with Oncor to cross this area? Please let us know, Roberto C.Sauceda Project Manager Fort Worth Water Dept. City of Fort Worth (682)432-5478 phone (817) 392-8195 fax Email sent via BlackBerry Torch From: Andrew Luce [mailto:ALuce@TNPINC.com] Sent: Thursday,January 31, 2013 04:44 PM To: Sauceda, Robert; Chaubey, Rakesh; Bruton, Kevin Subject: RE: Contract 52, Part 3 -Coordination with AT&T and other Utilities Kevin, During the course of coordinating with franchise utilities for the Contract 52, Part 3 (D.O.E. No. 6500),did Oncor mention any permits,or special requirements that would be required to cross the existing 50'TESCO easement shown in the attached drawings?We are getting close to finalizing plans and specs and I just wanted to cover all the bases. Thanks, Andrew From: Andrew Luce Sent: Monday, January 28, 2013 4:48 PM To: Sauceda, Robert; 'Chaubey, Rakesh' Subject: RE: Contract 52, Part 3 -Coordination with AT&T and other Utilities Rakesh and Robert, I believe we have resolved any utility crossing coordination we need with AT&T. I will start finalizing the plans and updating the specs. I still require an M/SBE goal,the funding numbers for the project, and the Vault plan number. I have attached the construction cost estimate again for your use. Once I get the necessary funding and vault numbers, I can drop off a mylar cover. I had put a 100%submittal date of Friday, February 15th on the last project status report I send in last Friday. Please let me know if this is acceptable. Thanks, 2 GR-01 60 00 Product requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Sanitary Seiver Improvements—Contract 52,Part 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.01219 Revised July 1,2011 i CITY APPROVED METHOD AND APPROVED PRODUCT FOR *,** AND *** "CONTRACTOR SHALL SELECT TYPE OF PIPE TO BE USED Standard Spec No. Size E1-31 4"through 36" E1-25 4"through 15" E1-27 4"through 15' E1-28 18"through 48" 'El 00-2 18"through 48" Consult with "City of Fort Worth, Texas Standard Product List'to obtain the Generic/Trade Name and the Manufacturer for the pipes listed above. Failure to provide the information required above may result in rejection of bid as non- responsive. Only products listed above will be allowed for use in this project. Any substitutions shall result in rejection of bid as non-responsive.