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Contract 59122
CITY SECRETARY ,f; �C7 NO. FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Sanitary Sewer Emergency Response Contract 2022 City Project No. 104346 Mattie Parker David Cooke Mayor City Manager Christopher Harder, P.E. Water Director Prepared for The City of Fort Worth Water Department 2022 5A•• LAWRENCE HAMILTON $ 90528 e i 14Qcs:*SE�.1.4s ���' /ONEIV�L,+ 44". ( (X-(;-)0C1X- OFFICIAL RECORD CITY SECRETARY FT WORTH, TX CITY OF FORT WORTH, TEXAS WATER DEPARTMENT APPROVED SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 CHRISTOPHER HARDER, P.E. DIRECTOR WATER DEPARTMENT 2022 1614 12'42-2,2, TONYSH OLA, P.E., ASSISTANT DIRECTOR, WATER DEPARTMENT Pit RECOMMENDED la-/P1 ae?,)__ DATE 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 00 05 10 Mayor and Council Communication 07/01/2011 00 05 15 Addenda 07/01/2011 00 1113 Invitation to Bidders 07/19/2021 00 21 13 Instructions to Bidders 11/02/2021 00 35 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 00 43 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 00 45 11 Bidders Prequalifications 08/13/2011 00 45 12 Prequalification Statement 09/30/2021 00 45 13 Prequalification Application 08/13/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 11/23/2021 00 61 13 Performance Bond 07/01/2011 00 61 14 Payment Bond 07/01/2011 00 61 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01 - General Requirements 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 9, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 i 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 - Existing Conditions 02 41 14 Utility Removal/Abandonment Division 03 - Concrete Date Modified 1 None Division 26 - Electrical None Division 31 - Earthwork None Division 32 - Exterior Improvements 32 17 23 Pavement Markings 32 31 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates Division 33 - Utilities 33 03 10 Bypass Pumping of Existing Sewer Systems 33 OS 14 Adjusting Grade Manholes, Inlets, Valve Boxes, and Other Structures to Division 34 - Transportation None Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProiectResources/ [Only list the Standard Specifications the Engineer has determined are appropriate for this specific project and strike through the Specifications not applicable to the project.] Division 02 - Existing Conditions 1 Paving Removal Division 03 - Concrete Last Revised 02/02/2016 03 30 00 Cast -In -Place Concrete 03/11/2022 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 Division 26 - Electrical None CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 9, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 Division 31 - Earthwork 31 37 00 Riprap Division 32 - Exterior Improvements 12/20/2012 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 06/10/2022 32 91 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 32 92 13 Sodding 05/13/2021 Division 33 - Ut ties 33 01 30 Sewer and Manhole Testing 09/07/2018 33 01 31 Closed Circuit Television (CCTV) Inspection — Sanitary Sewer 03/11/2022 33 04 50 Cleaning of Pipes 03/11/2022 33 05 10 Utility Trench Excavation, Embedment, and Backlit! 04/02/2021 33 05 13 Frame, Cover and Grade Rings 09/09/2022 33 05 17 Concrete Collars 03/11/2022 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 04/23/2019 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 09/09/2022 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 39 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 60 Liners for Sanitary Sewer Structures 04/29/2021 Division 34 - Transportation 34 71 13 Traffic Control 03/22/2021 Appendix GC-6.06.D GC-6.07 Minority and Women Owned Business Enterprise Compliance Wage Rates CITY OF FORT WORTH STANDARD CONSTRUCTION SPEC Revised September 9, 2022 END OF SECTION (CATION DOCUMENTS SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, February 14, 2023 REFERENCE NO.: "M&C 23-0118 LOG NAME: 6022SEWEREMERCON-CIRCLEC SUBJECT: (ALL) Authorize Execution of a Contract with William J. Schultz, Inc. dba Circle C Construction Company, in the Amount of $1,250,000.00 for the 2022 Sanitary Sewer Emergency Response Contract with Two Optional Renewals, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to the Fiscal Years 2023-2027 Capital Improvements Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company in the amount of $1,250,000.00 for 2022 Sanitary Sewer Emergency Response Contract which includes two optional renewals; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $1,500,000.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding the 2022 Sanitary Sewer Emergency Response Contract project (City Project No. 104346) to effect a portion of Water's contribution to the Fiscal Years 2023-2027 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with William J. Schultz, Inc. dba Circle C Construction Company, in the amount of $1,250,000.00, for 2022 Sanitary Sewer Emergency Response Contract, with two optional renewals. The work to be performed under this contract consists of replacing and/or relocating large diameter sanitary sewer mains and other pertinent construction required in response to emergency sanitary sewer main break incidents. The bid documents included a stipulation that the total quantities listed may not reflect actual quantities and that the amount budgeted for the projects is $1,500,000.00. Final payments will be made based on actual measured quantities. The bid documents also included a stipulation giving the City the option to renew this contract two times under the same terms, conditions and unit prices subject to appropriated funding. The project was advertised for bid on December 8, 2022 & December 15, 2022 in the Fort Worth Star - Telegram and on January 5, 2023, the fo lowing bid was received: Bidder Time Completion of Amount $6,432,000.00 365 Calendar Days William Construction J. Schultz, Company Inc. dba Circle C Staff has reviewed the proposal unit prices and considers them to be fair and reasonable. In addition to the contract amount, $250,000.00 is required for project management, material testing and inspection. It is the practice of the Water Department to appropriate throughout the fiscal year, instead of within the annual additional funding needs are identified, and to comply with appropriate funds in support of the Water's portion of the Capital Improvement Program, as follows: 6022SEWEREMERCON-CIRCLEC its Capital Improvement Program (CIP) plan budget ordinance, as projects commence, bond covenants. The actions in the M&C will City of Fort Worth's Fiscal Years 2023-2027 Capital Fund Name Project Name FY2023 CIP Appropriations Authority Budget Change (Increase/ Decrease) Revised FY2023 Budget Budget 56002 W&S Capital Projects Fund - 104346 - 2022 EmerSS Resp Contract $0.00 This M&C $1,500,000.00 $1,500,000.00 - Funding is budgeted in the Transfer to Water/Sewer account of the Water Capital Project Department's Water & Sewer Fund for the purpose of funding the 2022 Sanitary Sewer Emergency Response Contract project within the Water & Sewer Capital Projects Fund. Appropriations for 2022 Sanitary Sewer Emergency Response Contract as depicted below: FUND Existing Appropriations Additional Appropriations Total* Project Water and Sewer Capital $0.00 $1,500,000.00 $1,500,000.00' Projects - Fund 56002 Project $0.00 $1,500,000.00 $1,500,000.00 Total This project will have no impact on the Water Department's operating budget when completed. Business Equity: William J. Schultz, Inc. dba Circle C Construction Company is in compliance with the City's Business Equity Ordinance by committing to seven percent Business Equity participation on this project. The City's Business Equity goal on this project is seven percent. This project is located in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the Water & Sewer Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the W&S Capital Projects Fund for the 2022-SS Emer Resp. Contract project to support the approval of the above recommendations and execution of the contract. Prior to any expenditures being incurred, the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ID Accoun Project ID Program ctivity Budget Year (Chartfield Reference #1 2 FROM Fund Department ID Account' Project ID CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: rogramActivity Budget Year bmttl Reference # (Chartfield 2) Dana Burghdoff (8018) Chris Harder (5020) J. Chris Underwood (2629) ATTACHMENTS 1. 6022Seweremercon-Circle C.docx (CFW Internal) 2. 6022SEWEREMERCON-CIRCLEC Compliance Memo.pdf (CFW Internal) 3. 6022SEWEREMERCON-CIRCLEC FID Table (WCF (01.25.23).xlsx (CFW Internal) 4. 6022SEWEREMERCON-CIRCLEC Form 1295.pdf (CFW Internal) 5. 6022SEWEREMERCON-CIRCLEC SAM.pdf (CFW Internal) 6. ORD.APP6022SEWEREMERCON-CIRCLEC 56002 A023(r2).docx (Public) (Amount! 6022SEWEREMERCON-CIRCLEC FID Table 104346 RETAIN 1 GL Entries Need: Amount ($1,500,000.00) 000000000 000000000 0 000000000 0 ui v} 0 o O ri v} 0 o Q1 <n 0 0 0 r-i v} 0 0 0 0 rl VI- 0 o r+ v} 0 0 o In N ri in- 0 0 Un v} 0 0 Lri ri -CO- $95,000.00 Is Ai CF 2 01 01 01 01 al 01 01 Q1 01 Q1 Q1 Q1 01 01 Q1 Q1 01 D1 01 Q1 Q1 01 01 al 01 01 Q1 01 01 al Q1 01 Q1 01 01 01 01 01 01 01 001440 0 d' d' ri 0 O 001440 001440 001480 001480 0 CO d- rl O 0 1 001484 001484 001484 104346 104346 104346 104346 104346 104346 104346 104346 104346 104346 Fund Dept # Account 56002 0700430 4956001 rl 0 ri 0 c--i rl in 5330500 0 ri 0 0 cl N Ln 5740010 ri 0 rl o r-i ri Ln 5540101 5740010 0 1.n CO 0 c-i CO in 5330500 rl 0 I -I o =I rl to 2060000 0700430 0700430 0700430 0700430 0700430 0700430 0700430 0700430 0700430 0700430 56002 56002 N 000000000 ID In NNNNNNNN Cfl in lfl CD Ln CD In lD In CD Ln CD ln lD in N c-i N rl (-Ni ri N r1 N c-i N c l N rl N c-i N rl 1 2 3 4 5 6 7 8 9 10 1 12 13 14 15 16 17 18 19 20 21 22 23 000510-1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page 1 of I SECTION 00 05 10 MAYOR AND COUNCIL COMMUNICATION (M&C) END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 SECTION 00 05 15 2 ADDENDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 000515-I ADDENDA Pagel of SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 H 1 I LI LI 11 00 11 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022, City Project No. 104346 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thui sday, January 5, 2023 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: 16-inch through 54-inch Sanitary Sewer Mains TIME PERIOD AND RENEWALS The time period of this Agreement will be for one calendar year or the expiration of the funding, whichever occurs last. The City reserves the right to renew the contract for up to two (2) additional one calendar year time periods or up to two (2) additional funded expenditures of $1,250,000.00 under the same terms, conditions and unit prices. The City shall provide at least sixty (60) days' notice to the Contractor of the City's intent to renew. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor 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 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. Additional prequalification pertaining to emergency project experience, staff and equipment capacity and response time is required. Refer to INSTRUCTIONS TO BIDDERS specification 00 21 13, Section 3.5 for more details. 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 http://www.fortworthtexas.gov/purchasing/ and clicking on the link to the advertised project folders on the City's electronic document managernent and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised 7/19/2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 11 13 INVITATION 'I'O BIDDERS Page 2 of 3 Bid Document Package https://docs.b360.autodesk.com/shares/83060d29-4312-4d71-b611-516943534024 Addenda Folder https://docs.b360.autodesk.com/shares/e3dacd92-a695-4279-98a6-9e5ba537182b Copies of the Bidding and Contract Documents may be obtained from J. Chris Underwood Water Department, Design Services 927 Taylor Street Fort Worth, Texas 76102 The cost of Bidding and Contract Documents is: No Cost Set of Bidding and Contract Documents with full size drawings: No Cost EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested pal ties are requested to email Expiessions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ PREBID CONFERENCE A prebid conference will not be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time: Since a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: J. Chris Underwood, City of Fort Worth Email: John.underwood@fortworthtexas.gov Phone: (817) 392-2629 AND/OR Attn: Lawrence Hamilton, P.E., City of Fort Worth Email: lawrence.hamilton@fortworthtexas.gov Phone: (817) 392-2626 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised 7/19/2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 ADVERTISEMENT DATES December 8, 2022 December 15, 2022 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised 7/19/2021 00 11 13 INVITATION'140 BIDDERS Page 3 of 3 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 I I 11 I I I I I1 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS Defined Terms 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequallfication as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Finns seeking pre -qualification, must submit the doculentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening foi review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequallfication review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: https://apps.fortworthtexas.gov/ProjectResources/ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 21 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 3.1.1. Water and Sanitary Sewer — Requirements document located at: https://apes.fortworthtexas.gov/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Preg1.tal ification/Water%20and%2 OSanitary%20Sewer%20Contractor%20Prequalification%20Program/WSS%20pre qual%20requirements.pdf 3.2. Each Bidder, unless currently prequalified, must submit to City at least 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 Pat agraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder 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 pioject, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder 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 foi rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 3.5. Special qualifications required for this project include the following: Additional pre -qualifications are required for this contract as follows: Bidder shall provide an acceptable experience record for emergency repair of large diameter sewer mains. Bidder shall submit manpower and equipment records along with the resume(s) of key personnel who will be assigned to work on the emergency. Bidders must provide a plan of action for immediately responding when contacted about an emergency, staying on the site until completion of the emergency repair and handling more than one emergency work order at a time. An acceptable experience record must reflect the Bidder's experience with emergency work of the same nature and magnitude as that of this contract (emergency repair of 16"-54" diameter sewer mains) and such expel ience must have been gained not more than four (4) years prior the date on which bids are to be received for this project. The names and contact person(s) of past clients for projects completed within this time frame along with their addresses and telephone numbers shall be supplied. The requested material must be submitted to the City no later than fourteen (14) days prior to the date of the opening of the bids. The City will provide a list of prequalified contractors for this project seven (7) days prior to the date of the opening of the bids. This list will be posted. Any bids not satisfying these prequalification i equii ements shall be rejected as non -responsive. All pre -qualification information must be delivered to Water Department 311 W 10th Street, Fort Worth TX 76102, Attention: J. Chris Underwood. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 21 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall 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. Should 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. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Not Used 4.1.5. Shall 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." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.8. Shall 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 fill and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall 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 Togs 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. 4.2.4.Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 ofl0 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 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: J Chris Underwood Fax: (817) 392-2527 Email: John.underwood@fortworthtexas.gov Phone: (817) 392-2629 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration system at. Bid Document Package https://docs.b360.autodesk.com/shares/83060d29-4312-4d71-b611-516943534024 Addenda Folder https://docs. b360.autodesk.corn/shares/e3dacd92-a695-4279-98a6-9e5ba537182b 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 a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 11. Subcontractors, Suppliers and Others In accoi dance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 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 coiporate 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 undei the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. CITY OF FORT WORTH STANDARD CONSTRUC"I'ION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 21 13 INSTRUC I1ONS TO BIDDERS Page 8 of 10 12.9. The Bid oshall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. 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 a minimum of 90 days or 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 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. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such 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, 01 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. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 21 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 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 contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at https://www.ethics.state.tx.us/data/forms/1295/1295.pdf • 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) https://www.ethics.state.tx.us/data/forms/conflict/CIS.pdf CIQ Form does not apply CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form does not apply CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: Willaim J Schultz Inc dba Circle C Construction Company By: Teresa S Skelly 500 W Trammell Ave Fort Worth, TX 76140 Signature: f,,,�,C,GOc, c,f-t Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 CONFLICT OF INTEREST QUESTIONNAIRE For vendor or other person doing business with local governmental entity FORM CIQ This questionnaire reflects changes made to the law by H.B. 1491, BOth Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code by a person who has a business relationship as defined by Section 176.001(1-a) with a Iocai governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. OFFICE USE ONLY LI Name of person who has a business relationship with local governmental entity. Date Received 41 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) Name of local government officer with whom filer has employment or business relationship. Name of Officer This section (item 3 including subparts Al B, C Si D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the tiler of the questionnaire? Yes No B. Is the filer o the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the tiler of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. Signature of person doing business with the governmental entity Date Adopted 06/29/2007 LOCAL CONFLICTS (Instructions GOVERNMENT for completing DISCLOSURE and filing this form OFFICER are STATEMENT provided on the next page.) FORM CIS This questionnaire reflects changes This is the notice to the appropriate government officer has become aware in accordance with Chapter 176, made local to the law by 11.8. 1491, 80th governmental entity that of facts that require the officer Government Code. Leg., Regular Session. OFFICE USE ONLY the following local to file this statement Date Received Local 1 Name of Local Government Officer 2 Office Held 3 Name of person described by Sections 176.002(a) and 176.003(a), Local Government Code 4 Description of the nature and extent of employment or other business relationship with person named in item 3 JList gifts accepted If described Gift Accepted Gift Accepted Gift Accepted by the local government aggregate value of by Section 176.003(a)(2)(B) officer the gifts accepted Description of Gift Description of Gift Description of Gift (attach additional and any family member, excluding gifts described by Section from person named In Item 3 exceed $250 during the 12-month 176.003(a-1), period Date Date Date forms as necessary) 6 AFFIDAVIT NOTARY STAMP / SEAL ABOVE to and subscribed before me, by 20 the said to certify I swear under penalty that the disclosure Government Code) covers the 12-month of perjury that the above statement is true and correct. I acknowledge applies to a family member (as defined by Section 176.001(2), Local of this local government officer. I also acknowledge that this statement period described by Section 176.003(a), Local Government Code. AFFIX Sworn of Signature of Local Government Officer this the day which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Adopted 06/29/2007 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A "local government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent, administrator, president, or other person designated as the executive officer of the local governmental entity; or an employee of a local governmental entity with respect to whom the local governmental entity has, in accordance with Section 176.005, extended the requirements of Sections 176.003 and 176.004. This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of this statement. A local government officer commits an offense if the officer knowingly violates Section 176.003, Local Government Code. An offense under this section is a Class C misdemeanor. Please refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the numbered boxes on the other side. 1. Name of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Office Held. Enter the name of the office held by the local government officer filing this statement. 3. Name of person described by Sections 176.002(a) and 176.003(a), Local Government Code. Enter the name of the person described by Section 176.002, Local Government Code with whom the officer has an employment or other business relationship as described by Section 176.003(a), Local Government Code. 4. Description of the nature and extent of employment or business relationship with person named in item 3. Describe the nature and extent of the employment or other business relationship with the person in item 3 as described by Section 176.003(a), Local Government Code. 5. List gifts accepted, excluding gifts described by Section 176.003(a-1), if aggregate value of the gifts accepted from person named in item 3 exceed $250. List gifts accepted during the 12-month period (described by Section 176.003(a), Local Government Code) by the local government officer or family member of the officer, excluding gifts described by Section 176.003(a-1), from the person named in item 3 that in the aggregate exceed $250 in value. 6. Affidavit. Signature of local government officer. Adopted 06/29/2007 00 41 00 BID FORM Page 2 of 24 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No.: 104346 Units/Sections: Sewer Improvements 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 9/30/2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 41 00 BID FORM Page 3 of 24 Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Sanitary Sewer Improvements - 16-inch to 54-inch Sanitary Sewer Replacement b. c. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 365 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 9/30/2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Protect No. 104348 00 41 00 BID FORM Page 4 of 24 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Total Bid Amount Total Bid 7. Bid Submittal This Bid is submitted on Respectfully submitted, By: SSa�- (Signature) Teresa S"Skelly (Printed Name) $6,432,000.00 January 5, 2023 by the entity named below. Title: President Company: William J Schultz Inc dba Circle C Construction Compa Address: 500 W Trammell Ave Fort Worth, Texas 76140 State of Incorporation: Texas Email: t.skelly(circlecconstruction.com Phone: 817-988-7996 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 9/30/2021 Receipt following is acknowledged Addenda: of the Initial Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 RIOP PROPOSAL 5 o(2 P4 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal PayDescription Item Bid List Item No. Specification Section No. Bid Quantity UnitUnit of Measurement P Unit Prico Bid Value SANITARY SEWER IMPROVEMENTS 0170.0102 01 70 00 20 EA Work Order Mobilization Three - Thousand Dollars $3,000.00 $60,000.00 no Cents 2 3331.4222 33 11 10 100 LF 16-inch DIP Sewer, 0 - 15' Depth three hundred fifty dollars $350.00 $35,000.00 no Cents 3 3331.4229 3311 10 100 LF 18-inch DIP Sewer, 0- 15' Depth four hundred twenty five Dollars $425.00 $42,500.00 no Cents 4 3331.4305 33 11 10 100 LF 20-inch DIP Sewer, 0' -15' Depth four hundred fifty Dollars $450.00 $45,000.00 no Cents 5 3331.4321 33 11 10 100 LF 24-inch DIP Sewer, 0' - 15' Depth five hundred twenty five Dollars $525.00 $52,500.00 no Cents 6 3331.4405 3311 10 100 LF 30-Inch DIP Sewer, 0' -15' Depth five hundred fifty Dollars $550.00 $55,000.00 no Cents 7 3331.4418 3311 10 100 LF 36-inch DIP Sewer, 0' -15' Depth six hundred Dollars $600.00 $60,000.00 no Cents 8 3331.4505 33 11 10 100 LF 42-inch DIP Sewer, 0' - 15' Depth six hundred fifty Dollars $650.00 $65,000.00 no Cents 9 3331.4518 3311 10 100 LF 48-Inch DIP Sewer, 0 - 15' Depth eight hundred Dollars $800.00 $80,000.00 no Cents 10 3331.4605 3311 10 100 LE 54-inch DIP Sewer, 0 - 15' Depth nine hundred Dollars $900.00 $90,000.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 9/302021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 nay No. 104316 00 42 43 RIO PROPOSAL Page 6 o124 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Pay Item Bid List Item No. Specification Section No. Bid Quantil5' Unit of Measurement Description Unit Price Bid value 11 3331.4232 33 31 13 100 LF 18-Inch 0' three Fiberglass Sewer Pipe, - 15' Depth hundred fifty Dollars $350.00 $35,000.00 no Cents 12 3331.4311 33 31 13 100 LF four 21-inch Fiberglass Sewer Pipe, 0' - 15' Depth hundred Dollars $400.00 $40,000.00 no Cents 13 3331.4324 33 31 13 100 LF 24-inch Fiberglass Sewer Pipe, 0' - 15' Depth four hundred twenty five Dollars 5425.00 $42,500.00 no Cents 14 3331.4333 33 31 13 100 LF 27-inch Fiberglass Sewer Pipe, 0' - 15' Depth four hundred fifty Dollars $450.00 $475.00 $45,000.00 $47,500.00 no Cents 15 3331.4408 33 31 13 100 LF 30-inch Fiberglass Sewer Pipe, 0' - 15' Depth four hundred seventy five Dollars no Cents 16 3331.4421 33 31 13 100 LF 36-Inch Fiberglass Sewer Pipe, 0' - 15' Depth five hundred Dollars 5500.00 $550.00 $600.00 $50,000.00 $55,000.00 $60,000.00 no Cents 17 3331.4508 33 31 13 100 LF 42-inch Fiberglass Sewer Pipe, 0' - 15' Depth five hundred fifty - Dollars no Cents 18 3331.4521 33 31 13 100 LF 48-inch Fiberglass Sewer Pipe, 0'- 15' Depth six hundred Dollars no Cents 19 3331.4608 33 31 13 100 LF 54-inch Fiberglass Sewer Pipe, 0' - 15' Depth six hundred fifty Dollars $650.00 $325.00 $65,000.00 $32,500.00 no Cents 20 3331.4235 33 31 21 100 LF 18-inch PVC ASTM F1803 Sewer Pipe, 0' - 15' Depth three hundred twenty five Dollars no Cents CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form ReYsed S302021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Prolea No. 104346 O PROPOSAL Page 7 of 24 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Biddefs Proposal Pay Item Bid no Item ificatio 3 lion Ton Bid Quantity Unit of MeasurementDescription Unit Price Bid Value 21 3331.4314 33 31 21 100 LF $350.00 $35,000.00 21-inch PVC ASTM F1803 Sewer Pipe, 0' - 15' Depth three hundred fifty Dollars no Cents 22 3331.4327 33 31 21 100 LF 24-inch PVC ASTM F1803 Sewer Pipe, 0' - 15' Depth four hundred Dollars $400.00 $40,000.00 no Cents 23 3331.4336 33 31 21 100 LF $450.00 $45,000.00 27-inch PVC ASTM F1803 Sewer Pipe, 0' - 15' Depth four hundred fifty Dollars no Cents 24 3331.4411 33 31 21 100 LF 30-inch PVC ASTM F1803 Sewer Pipe, 0' - 15' Depth four hundred seventy five Dollars $475.00 $47,500.00 no Cents 25 3331.4424 33 31 21 100 LF 36-inch PVC ASTM F1803 Sewer Pipe, 0' - 15' Depth five hundred Dollars $500.00 $50,000.00 no Cents 26 3331.4511 33 31 21 100 LF 42-inch PVC ASTM F1803 Sewer Pipe, 0' - 15' Depth five hundred twenty five Dollars $525.00 $52,500.00 no Cents 27 3331.4524 33 31 21 100 LF 48-Inch PVC ASTM F1803 Sewer Pipe, 0' - 15' Depth six hundred twenty five Dollars $625.00 $62,500.00 no Cents 28 3305.3006 33 05 24 100 LF 16-Inch Sewer Carrier Pipe four hundred fifty Dollars $450.00 $45,000.00 no Cents 29 3305.3007 33 05 24 100 LF 18-inch Sewer Carrier Pipe five hundred Dollars $500.00 $50,000.00 no Cents 30 3305.3008 33 05 24 100 LF 20-inch Sewer Carrier Pipe five hundred fifty Dollars $550.00 $55,000.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 9/30/2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 BID SAL Peg 80of 24 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infonnalio Bidder's Proposal Bid List Item No. Specification Beckon No. Bid Quantity Unit of Measurement Description Urvt Price Bid Value Pay Item 31 3305.3009 33 05 24 100 LF five 21-inch Sewer Carrier Pipe hundred fifty Dollars $550.00 $55,000.00 no Cents 32 3305.3010 33 05 24 100 LF 24-inch Sewer Carrier Pipe six hundred Dollars $600.00 $650.00 $60,000.00 $65,000.00 no Cents 33 3305.3011 33 05 24 100 LF 27-inch Sewer Carrier Pipe six hundred fifty Dollars no Cents 34 3305.3012 33 05 24 100 LF 30-inch Sewer Carrier Pipe seven hundred fifty Dollars $750.00 $800.00 $850.00 $75,000.00 $60,000.00 $85,000.00 no Cents 35 3305.3013 33 05 24 100 LF 36-inch Sewer Carrier Pipe eight hundred Dollars no Cents 36 3305.3014 33 05 24 100 LF 42-inch Sewer Carrier Pipe eight hundred fifty Dollars no Cents 37 3305.3015 33 05 24 100 LF 48-inch Sewer Carrier Pipe nine hundred Dollars $900.00 $950.00 $90:000.00 $95:000.00 no Cents 38 3305.3016 33 05 24 100 LF 54-inch nine Sewer Carrier Pipe hundred fifty Dollars no Cents 39 3305.1005 33 05 22 100 LF 30-inch Casing by Open Cut five hundred fifty Dollars $550.00 $55,000.00 no Cents 40 3305.1006 33 05 22 100 LF 36-Inch Casing by Open Cut six hundred Dollars $600.00 $60:000.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY ONSE CONTRACT 022 y Prt4ect N4.104346 00 42 43 PROPOSAL O Page 9of 24 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Pay Item Bid List Item No. Specification Section No. Bid Quantity Unit of Measurement Uescr. PtiOn Unit Price Hid Value 41 3305.1007 33 05 22 100 LF 42-inch Casing by Open Cut six hundred fifty Dollars $650.00 $65,000.00 no Cents 42 3305.1008 33 05 22 100 LF 48-inch Casing by Open Cut seven hundred Dollars $700.00 $70,000.00 no Cents 43 3305.1009 33 05 22 100 LF 54-Inch Casing by Open Cut seven hundred fifty Dollars $750.00 $75,000.00 no Cents 44 3305.1010 33 05 22 100 LF 60-inch Casing by Open Cut eight hundred Dollars $800.00 $80,000.00 no Cents 45 3305.1011 33 05 22 100 LF 66-inch Casing by Open Cut nine hundred Dollars $900.00 $90,000.00 no Cents 46 3305.1012 33 05 22 100 LF 72-inch Casing by Open Cut nine hundred fifty Dollars $950.00 $95,000.00 no Cents 47 3305.1105 33 05 22 100 LF 30-inch Casing by Other than Open Cut eight hundred Dollars $800.00 $80,000.00 no Cents 48 3305.1106 33 05 22 100 LF $850.00 $85,000.00 36-inch Casing by Other than Open Cut eight hundred fifty Dollars no Cents 49 3305.1107 33 05 22 100 LF 42-inch Casing by Other than Open Cut nine hundred Dollars $900.00 $90,000.00 no Cents 50 3305.1108 33 05 22 100 LF 48-inch Casing by Other than Open Cut nine hundred fifty Dollars $950.00 $95,000.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANRARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 004243 PROPOSALMD Page 1001241 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Pay Item Bid List item No. Specification Section No. ➢d Quantity Unit of Measurement Description Unit Price Bid Value 51 3305.1109 33 05 22 100 LF 54-Inch Casing by Other than $1,100.00 S110,000.00 Open Cut one thousand one hundred Dollars no Cents 52 3305.1301 33 05 24 100 LF 36-inch Tunnel Liner Rate by Other than Open Cut nine hundred Dollars $900.00 $90,000.00 no Cents 53 3305.1302 3305 24 100 LF 42-inch Tunnel Liner Plate by Other than Open Cut nine hundred fiftv Dollars $950.00 $95,000.00 no Cents 54 3305.1303 3305 24 100 LF 48-inch Tunnel Liner Plate by Other than Open Cut one thousand one hundred Dollars $1,100.00 $110,000.00 no Cents 55 3305.1304 33 05 24 100 LF 54-inch Tunnel Liner Plate by $1,200.00 $120,000.00 Other than Open Cut one thousand two hundred Dollars no Cents 56 3305.1306 33 05 24 WO LF 60-inch Tunnel Liner Plate by Other than Open Cut one thousand three hundred Dollars $1,300.00 $130,000,00 no Cents 57 3305.1306 33 05 24 100 LF 66-inch Tunnel Liner Plate by Other than Open Cut one thousand five hundred Dollars $1,500.00 $150,000.00 no Cents 58 3305.1307 33 05 24 100 LF 72-inch Tunnel Liner Plate by Other than Open Cut one thousand eight hundred Dollars no Cents $1,800.00 $180,000.00 59 3331.0207 33 31 22 100 LF 16-Inch Sewer Pipe, Slip Lining four hundred fifty Dollars $450.00 $45,000.00 no Cents 60 3331.0208 33 31 22 100 LF 18-Inch Sewer Pipe, Slip Lining five hundred Dollars $500.00 $50,000.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECEICATION DOCUMENTS SAN ITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 Coy Project No. 104340 00 42 43 BID PROPOSAL Page Het 24 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Pay Item Bid List Item No. Specification Section No. Bid Quannty Unit of MeasurementDescription Unit Price Bid Value 61 3331.0209 33 31 22 100 LF 20-inch Sewer Pipe, Slip Lining five hundred fifty Dollars $550.00 $55,000.00 no Cents 62 3331.0210 33 31 22 100 LF 21-inch Sewer Pipe, Slip Lining five hundred fifty Dollars $550.00 $55,000.00 no Cents 63 3331.0211 33 31 22 100 LF 24-inch Sewer Pipe, Slip Lining six hundred Dollars $600.00 $60,000.00 no Cents 64 3331.0212 33 31 22 100 LF 27-inch Sewer Pipe, Slip Lining five hundred seventy five Dollars $575.00 $57,500.00 no Cents 65 3331.0213 33 31 22 100 LF 30-inch Sewer Pipe, Slip Lining six hundred Dollars $600.00 $60,000.00 no Cents 66 3331.0214 33 31 22 100 LF 36-Inch Sewer Pipe, Slip Lining six hundred fifty Dollars $650.00 565,000.00 no Cents 67 3331.0215 33 31 22 100 LE 42-inch Sewer Pipe, Slip Lining six hundred seventy five Dollars $675.00 $67,500.00 no Cents 68 3331.0216 33 31 22 100 LF 48-inch Sewer Pipe, Slip Lining seven hundred Dollars $700.00 no Cents 570,000.00 69 3331.0217 33 31 22 100 LF 54-inch Sewer Pipe, Slip Lining seven hundred fifty Dollars $750.00 $75,000.00 no Cents 70 0330.0001 03 30 00 100 CY Concrete Encase Sewer Pipe three hundred Dollars $300.00 $30,000.00 no Cents SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. c04346 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS BID SAL Page 2Oof24 SECTION 0042 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Ridden Proposal Pay Item Bid List item No. Specification sectionNo. Bid Quantity Unit of Measurement Description Unit Price Rid Value 71 3301.0001 33 01 31 250 LF Inspection fifteen Pre -Construction CCTV Dollars $15.00 $3,750.00 no Cents 72 3301.0002 33 01 31 500 LF Post -Construction CCTV Inspection ten Dollars $10.00 $5,000.00 no Cents 73 3305.0109 33 05 10 500 LF Trench Safety ten Dollars $10.00 $5,000.00 no Cents 74 3339.1001 33 39 10 10 EA 4-foot Manhole (0' - 6' Depth) seven thousand five hundred Dollars $7,500.00 $75,000.00 no Cents 75 3339.1003 33 39 10 10 VF 4-foot Manhole Extra Depth three hundred Dollars $300.00 $3,000.00 no Cents 76 3339.1002 33 39 10 2 EA 4-foot Drop Manhole (0' - 6' Depth) eigth thousand five hundred Dollars $8,500.00 $17,000.00 no Cents 77 3339.1003 33 39 10 5 VF 4-foot Drop Manhole Extra Depth three hundred fifty Dollars $350.00 $1,750.00 no Cents 78 3339.1004 33 39 10 10 EA 4-foot Shallow Manhole seven thousand five hundred Dollars $7,500.00 $75,000.00 no Cents 79 3339.1005 33 39 10 10 EA 4-foot Type A Manhole (0' - 6' Depth) twelve thousand five hundred Dollars $12,500.00 $125,000.00 no Cents 80 3339.1003 33 39 10 10 VF 4-foot Type A Manhole Extra Depth three hundred fifty Dollars $350.00 $3,500.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form ReAsed 9/302021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 CkyProjetINA 104346 00 42 43 BID PROPOSAL Page 130124 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Infomr lion Bidders Proposal Pay Item Bid List Vern No. Spnification Section No. Bid Quantity Uni1 of Measurement Description Unit Price Bid Value 81 3339.1006 33 39 30 5 EA 4-foot Fiberglass (0' - 6' Depth) seven thousand Manhole live hundred Dollars $7,500.00 $37,500.00 no Cents 82 3339.1008 33 39 30 5 VF 4-foot Fiberglass Extra Depth three hundred Manhole Dollars $300.00 $1,500.00 no Cents 83 3339.1007 33 39 30 2 EA 4-foot Fiberglass (0' - 6' Depth) eight thousand Drop Manhole five hundred Dollars $8,500.00 $17,000.00 no Cents 84 3339.1008 33 39 30 5 VF 4-foot Fiberglass Extra Depth three hundred Drop Manhole fifty Dollars $350.00 $1,750.00 no Cents 85 3339.1009 33 39 30 10 EA 4-foot Fiberglass seven thousand Shallow five hundred Manhole Dollars $7,500.00 $75,000.00 no Cents 86 3339.1010 33 39 30 10 EA 4-foot Fiberglass (0' - 6' Depth) twelve thousand Type A five hund Manhole ed Dollars $12,500.00 $125,000.00 no Cents 87 3339.1008 33 39 30 10 VF 4-foot Fiberglass Extra Depth four hundred Type A Manhole Dollars $400.00 $4,000.00 no Cents 88 3339.1101 33 39 10 10 EA 5-foot Manhole (0' - 6' Depth) nine thousand five hundred Dollars $9,500.00 $95,000.00 no Cents 89 3339.1103 33 39 10 10 VF 5-foot Manhole Extra Depth four hundred Dollars $400.00 $4,000.00 no Cents 90 3339.1102 33 39 10 2 EA 5-foot Drop (0' - 6' Depth) ten thousand Manhole five hundred Dollars $10,500.00 $21,000.00 no Cents CITY CONSTRUCTION STANDARD SPECIFICATION DOCUMENTS Form ReJ.sed 9/30/2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 BID Page 14PROPOSAL SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infirm auon Bidder's Proposal Pay Item Bid List Item No. Specification Section No. Bid Quantity Unit of Aleasurentent cnpbon Unit Price Bid Value 91 3339.1103 33 39 10 5 VF 5-foot Drop Manhole Extra Depth four hundred Dollars $400.00 $2,000.00 no Cents 92 3339.1104 33 39 10 10 EA 5-foot Shallow Manhole eight thousand five hundred Dollars $8,500.00 $85,000.00 no Cents 93 3339.1105 33 39 10 10 EA 5-foot Type A Manhole (0' - 6' Depth) thirteen thousand five hundred Dollars $13,500.00 $135,000.00 no Cents 94 3339.1103 33 39 10 10 VF 5-foot Type A Manhole Extra Depth four hundred Dollars $400.00 $4,000.00 no Cents 95 3339.1106 33 39 30 5 EA 5-foot Fiberglass Manhole (0' - 6' Depth) nine thousand five hundred Dollars $9,500.00 $47,500.00 no Cents 96 3339.1108 33 39 30 5 VF 5-foot Fiberglass Manhole Extra Depth four hundred Dollars $400.00 $2,000.00 no Cents 97 3339.1107 33 39 30 2 EA 5-foot Fiberglass Drop Manhole (0' - 6' Depth) ten thousand five hundred Dollars $10,500.00 $21,000.00 no Cents 98 3339.1108 33 39 30 5 VF 5-foot Fiberglass Drop Manhole Extra Depth four hundred Dollars $400.00 $2,000.00 no Cents 99 3339.1110 33 39 30 10 EA 5- oot Fiberglass Type A Manhole (0 - 6' Depth) thirteen thousand five hundred Dollars $13,500.00 $135,000.00 no Cents 100 3339.1108 33 39 10 10 VF 5- Extra four oot Fiberglass Type A Manhole Depth hundred Dollars $400.00 $4,000.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 9/30/2021 SAN ITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 CRT Project No. 104346 0 BID PROPOSAL Page 15 o124 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bi der's Proposal Pay Item Did List Item No. Specification Section No. Did Quantity Unit of Nlessurement Description Unit Price Bid value 101 3305.0112 33 05 17 20 EA Concrete Collar seven hundred fiftv Dollars $750.00 $15,000.00 no Cents 102 3301.0101 33 01 30 20 EA Manhole Vacuum Testing three hundred Dollars $300.00 $6,000.00 no Cents 103 3305.0106 33 05 14 5 EA Manhole Adjustment, Major four thousand five hundred Dollars $4,500.00 $22,500,00 no Cents 104 3305.0107 33 05 14 5 EA Manhole Adjustment, Minor two thousand Dollars 32,000.00 $/0,000.00 no Cents 105 3305.0114 33 05 14 5 EA Manhole Adjustment, Majorw/Cover five thousand five hundred Dollars $5,500.00 $27,500.00 no Cents 106 3339.0001 33 39 60 20 VF Epoxy Manhole Liner four hundred fifty Dollars $450.00 $9,000.00 no Cents 107 0241.5001 02 41 14 5 EA Abandon Manhole $1,200.00 $6,000.00 one thousand two hundred Dollars no Cents 108 0241.2201 02 41 14 5 EA Remove 4-foot Sewer Manhole one thousand two hundred Dollars $1,200.00 $6,000.00 no Cents 109 0241.2202 02 41 14 5 EA Remove 5-foot Sewer Manhole one thousand four hundred Dollars $1,400.00 $7,000.00 no Cents 110 0241.2301 02 41 14 2 EA Remove Sewer Junction Structure three thousand five hundred Dollars $3,500.00 $7,000.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Retnsed 9/3012021 Orly Project No 104348 SANITARY ONTTtunRPOSEWEREMERGENCY BID PROPOSAL Pegs 16 of24 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Rem Information Bidders Proposal Pay Item Bid List Item No. Specification Section No. Bid Quantity UDescription Measurement Unit Price Bid Value 111 0241.2107 02 41 14 2 EA 16-Inch Sewer Abandonment Plug three thousand Dollars $3,000.00 $6,000.00 no Cents 112 0241.2108 02 41 14 2 EA 18-Inch Sewer Abandonment Plug Dollars $3,500.00 $7,000.00 three thousand five hundred no Cents 113 0241.2109 02 41 14 2 EA 20-Inch Sewer Abandonment Plug four thousand Dollars $4,000.00 $6,000.00 no Cents 114 0241.2110 02 41 14 2 EA 21-Inch Sewer Abandonment Plug four thousand Dollars $4,000.00 $6,000.00 no Cents 115 0241.2111 02 41 14 2 EA 24-Inch Sewer Abandonment Plug fou thousand five hundred Dollars $4,500.00 $9,000.00 no Cents 116 0241.2112 02 41 14 2 EA 27-Inch Sewer Abandonment Plug five thousand Dollars $5,000.00 $10,000.00 DO Cents 117 0241.2113 02 41 14 2 EA 30-Inch Sewer Abandonment Plug five thousand Dollars $5,000.00 $10,000.00 no Cents 118 0241.2114 02 41 14 2 EA 36-Inch Sewer Abandonment five thousand five hundred Plug Dollars $5,500.00 $71,000.00 no Cents 119 0241.2115 02 41 14 2 EA 42-Inch Sewer Abandonment six thousand Plug Dollars $6,000.00 $12,000.00 no Cents 120 0241.2116 02 41 14 2 EA 48-Inch Sewer Abandonment six thousand five hundred Plug Dollars $6,500.00 $13,000.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Re'ised MI3072021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 Cdy Project No. 104340 BID PROPOSAL Page 17ot24 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Pay item Bid Lint Item No, specification Section No. Bid Quantity Unit of MeasurementDescription unit Price Bid Value 121 0241.2117 02 41 14 2 EA 54-Inch Sewer Abandonment Plug seven thousand Dollars $7,000.00 $14,000.00 no Cents 122 0241.2001 02 41 14 50 CY Sanitary Sewer Line Grouting three hundred Dollars $300.00 $15,000.00 no Cents 123 3137.0101 31 37 00 20 SY Concrete Rip -Rap two hundred fiftv Dollars $250.00 $5,000.00 no Cents 124 3137.0102 31 37 00 20 SY Large Stone Rip -Rap, Dry two hundred fifty Dollars $250.00 $5,000.00 no Cents 125 3137.0103 31 37 00 20 SY Large Stone Rip -Rap, Grouted two hund ed fifty Dollars $250.00 $5,000.00 no Cents 126 3305.0202 33 05 10 50 CY Imported Embedment / Backfill, CSS three hundred Dollars $300.00 $15.000.00 no Cents 127 3305.0203 33 05 10 25 CY Imported Embedment / Backfill, CLSM three hundred Dollars $300.00 $7,500.00 no Cents 128 3305.0204 33 05 10 25 CY Imported Embedment/ Backfill, Crushed Rock forty Dollars $40.00 $1,000.00 no Cents 129 32910100 32 91 19 50 SY Topsoil forty Dollars $40.00 $2,000.00 no Cents 130 3292.0100 32 92 13 25 SY Block Sod Placement twenty Dollars $20.00 $500.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 CM1y Polect No. 104346 00 42 43 MO PROPOSAL Page 18 of 24 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Pay item Bid List item No. Specification Section No. Bid Quantity Unit of atrumemene 0.script,on Unit trice Did Value 131 3292.0400 32 92 13 25 SY Seeding, Hydromulch twenty Dollars $20.00 $500.00 no Cents 132 3292.0500 32 9213 25 SY Seeding, Soil twenty Retention Blanket Dollars $500.00 no Cents $20.00 133 3201.0112 32 01 17 100 LF 5-foot Wide Asphalt Repair, Residential seventy five Pavement Dollars $75.00 $7,500.00 no Cents 134 3201.0113 - 32 01 17 100 LF 6- Repair, eighty oot Wide Asphalt Residential Pavement Dollars $80.00 $8)000.00 no Cents 135 3201.0114 32 01 17 100 LF 7-foot Wide Asphalt Repair, Residential ninety Pavement Dollars $90.00 $9,000.00 no Cents 136 3201.0115 32 01 17 100 LF 8-foot Wide Asphalt Repair, Residential one hundred Pavement Dollars $100.OD $10,000.00 no Cents 137 3201.0116 32 01 17 100 LF 9-foot Wide Asphalt Repair, Residential one hundred twenty Pavement five Dollars $125.00 $12,500.00 no Cents 138 3201.0117 32 01 17 100 LF 10-foot Wide Asphalt Repair, Residential one hundred fifty Pavement Dollars $150.00 $15r000.00 no Cents 139 3201 0122 32 01 17 100 LF 5-foot Wide Asphalt Repair, Arterial eighty five Pavement Dollars $85.00 $8,500.00 no Cents 140 3201,0123 32 01 17 100 LF 6- Repair, ninety oot Wide Asphalt Arterial five Pavement Dollars $95.00 $9.500.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Farm Rased 9/302021 SANITARY SEWER EMERGENCY RESPONSECT2022 City Pro? cI No. 104346 BID PROPOSAL Page 19 of24 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal lien, BM list Item No. Specification Section No. Bid Quantify Uemit f nPay Measurement Description Unit Price Bid Value 141 3201 0124 32 01 17 100 LF 7-foot Wide Asphalt Pavement Repair, Arterial one hundred five Dollars $105.00 $10,500.00 no Cents 142 3201.0125 32 01 17 100 LF 8-foot Wide Asphalt Pavement Repair, Arterial one hundred fifteen Dollars $115.00 $11,500.00 no Cents 143 3201.0126 32 01 17 100 LF 9-foot Wide Asphalt Pavement Repair, Arterial one hundred twenty five Dollars $125.00 $12,500.00 no Cents 144 3201.0127 32 01 17 100 LF 10-foot Wide Asphalt Repair, Arterial one hundred thirty five Pavement Dollars $135.00 $13,500.00 no Cents 145 3201.0132 32 01 17 100 LF 5-foot Wide Asphalt Pavement Repair, Industrial ninety five Dollars $95.00 $9,500.00 no Cents 146 3201.0133 32 01 17 100 LF 6-foot Wide Asphalt Pavement Repair, Industrial one hundred five Dollars $105.00 $10,500.00 no Cents 147 3201 0134 32 01 17 100 LF 7-foot Wide Asphalt Pavement Repair, Industrial one hundred fifteen Dollars $115.00 $11,500.00 no Cents 148 3201.0135 32 01 17 100 LF 8-foot Wide Asphalt Pavement Repair, Industrial one hundred twenty five Dollars $125.00 $12,500.00 no Cents 149 3201 0136 32 01 17 100 LF 9-foot Wide Asphalt Pavement Repair, Industrial one hundred thirty five Dollars $135.00 $13,500.00 n Cents 150 3201 0137 32 01 17 100 LF 1 Repair, one -foot Wide Asphalt Pavement Industrial hundred fifty five Dollars $155.00 $15,500.00 no Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SANITARY ER EMERGENCY RESPONSE CONTRACT 2022 Cny Proscl No. 104346 810 PROPOSAL P8ge 20 el 24 SECTION 0042 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Inroemation Bidders Proposal Pay Item Bid List Item No. Specification Section No. Bid Quantity Unit of Measurement Dean Description Unit Price Bid Value 151 3201.0201 32 01 17 100 SY Asphalt Pavement Repair Beyond Defined Width, Residential forty five Dollars $45.00 $4,500.00 no Cents 152 3201.0202 32 01 17 100 SY Asphalt Pavement Repair Beyond Defined Width, Arterial fifty Dollars $50.00 $5,000.00 no Cents 153 3201 0203 32 01 17 100 SY Asphalt Pavement Repair Beyond Defined Width, Industrial fifty five Dollars $55.00 $5,500.00 no Cents 154 3201 0614 32 01 29 100 SY Concrete Pavement Repair, Residential one hundred fifteen Dollars $115.00 $11,500.00 no Cents 155 3201 0616 32 01 29 100 SY Concrete Pavement Repair, Arterial / Industrial one hundred twenty five Dollars $125.00 $12,500.00 no Cents 156 3216.0102 32 16 13 50 LF 7-inch Concrete Curb and Gutter eighty five Dollars $85.00 $4,250.00 no Cents 157 3216.0301 32 1613 50 SY 9-inch Concrete Valley Gutter, Residential one hundred twenty five Dollars $125.00 $6,250.00 no Cents 158 3216.0302 32 1613 50 SY 11-inch Concrete Valley Gutter, Arterial / Industrial one hundred forty five Dollars $145.00 $7,250.00 no Cents Total Bid END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Re sed 9I302021 $6,432,000.00 SAN ITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 I I l I MERCHANTS BONDING COMPANY„ MERCHANTS BONDING COMPANY (MUTUAL) P.O. Box 14498, DES MOINES, IOwA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 BID BOND PUBLIC WORK KNOW ALL PERSONS BY THESE PRESENTS: Bond No. N/A That William J. Schultz, Inc. dba Circle C Construction Company, P. O. Box 40328, Fort Worth, TX 76140 (hereinafter called the Principal) as Principal, and the Merchants Bonding Company (Mutual) (hereinafter called Surety), as Surety, are held and firmly bound to City of Fort Worth, 1000 Throckrnorton Street, Fort Worth, Texas 76102 (hereinafter called the Obligee) in the full and just sum of ( 5% of Greatest Amount Bid Five Per Cent of Greatest Amount Bid Dollars good and lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and dated this 5th day of January 2023 THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make any award to the Principal for Construction of Sanitary Sewer Emergency Response Contract 2022 - City Project No.104346 according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond for the faithful performance thereof with the Merchants Bonding Company (Mutual) , as Surety, or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this bond, then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed. Witness: John A. Miller William J. Schultz, Inc. dba Circle C Construction Company By Principal By Teresa S. Skelly, President Merchants Bold Company (Mutual) 0510ta Sh ryl • . Kluttsttorney-in-Fact I I CON 0333 (2/15) MERCHANTS BONDING COMPANYT, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) nd MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and &I consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of December , 2022 '0' MERCHANTS BONDING COMPANY (MUTUAL) ',.`,sp'C'!.. N:4(e •• ••��\N�'„ �O�A •• MERCHANTS NATIONAL BONDING, INC. • �y'.GORPOQ,•q�� Z y :'4s7'%904' .1 . d/bla MERCHANTS NATIONAL INDEMNITY COMPANY • 2' : ii-y • 7,,,, �`•.• 2003 •'„r�i = : y:, 1933 i 0 •c: By •'dj1 ••lett•.........• ;.... • .•itsoil ...s.*...a�•' President STATE OF IOWA 1°T ....... COUNTY OF DALLAS ss. On this 8th day of December 2022 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee Commission Number 702737 My Commission Expires April 14, 2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 5th day of January , 2023 . /co 0 Rqj:•, y: ,Zi2 _0_ 0\01 .r'21'Z -o- y : 2003 : z : y:. 1933 ,,••... .. •• rJ POA 0018 (10/22) asogi. Secretary MERCHANTS BONDING COMPANYa MERCHANTS BONDING COMPANY (MUTUAL) • MERCHANTS NATIONAL BONDING. INC. P.O. BOX 14498 • DES MOINES. IOWA 50306-3498 • (800) 678-817t r (515) 243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Co npany (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. o BIDDER: William J Schultz Inc dba Circle C Construction 500 W Trammell Ave By: Teresa S Skelly Ztticrot SC Fort Worth, Texas 76140 (Signature) l END OF SECTION Title: President Date: 1/5/2023 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 0045II-1 BIDDERS PREQUALIFICATIONS Page 1 of3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.usltaxpermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13,2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 0045II-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactoty, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Pregzeali icaiioaApplication. A Bidder Prequalificatior Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 I 2 3 4 5 6 7 8 9 00 45 11-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to perform the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13,2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 I I I FORT WORTH® SECTION 00 45 13 PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Name under which you wish to qualify Individual Limited Partnership General Partnership Corporation Limited Liability Company Post Office Box City State Zip Code Street Address (required) City State Zip Code Telephone ( Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) Email/mail this questionnaire along with financial statements to the appropriate group below. A separate submittal is required for water/sewer, paving, and lighting: Work Category Water Dept - Water/sewer Work Category — TPW Paving Work Category — TPW Ped/Rdwy Lighting — john.kasavich@FortWorthTexas.gov TPW_Prequalification@fortworthtexas.gov fortworthtexas.gov clint.hoover a fortworthtexas.gov Fort Worth Water Department Engineering and City of Fort Worth Transportation and Public Works Dept. 3741 SW Loop 820, Fort Worth, TX 76133 Attn: Alicia Garcia City of Fort Worth Management Attn: James Ave. Fort TPW Transportation Clint Hoover, P.E. 5001 Worth, TX 76115 Fiscal Services Division 200 Texas St. Fort Worth, TX 76102 *Financial Statements must be mailed. Mark the envelope: "Bidder Prequalification Application" i 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable— Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. Select major work categories for which you would like to be prequalified (City may deem you are not qualified for selected category or may approve you at a lesser size/length and maximum size may not be listed specifically under a major work category): MAJOR WORK CATEGORIES Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling— 36-Inches — 60 —inches, and 350 LF or less Tunneling- 36-Inches — 60 —inches, and greater than 350 LF Tunneling— 66" and greater, 350 LF and greater Tunneling— 66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches — 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CITY OF FORT WORTIl STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 45 12 BID FORM Page 24 of 24 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 Contractor/Subcontractor Company Name Prequalification Date Type Expiration Sanitary 16-inch Sewer Sewer to 54-inch Replacement Improvements Sanitary - Circle C Construction 4/30/2023 0 Company Name or space • Date Here or span - Here Company Name or space Date Here or space Here Company Name Here or space Date Here ui 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 Company 500 W Trammell Ave Fort Worth, Texas 76140 By: Teresa S Skelly END OF SECTION (Signature) Title: President Date: /— cS 2 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED CCTV, 42-inches and smaller CCTV, 48-inches and smaller Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning , 24-inches and smaller Sewer Cleaning , 42-inches and smaller Sewer Cleaning , All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER $1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards)* Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER)* Roadway and Pedestrian Lighting NOTE *There is not a prequalification requirement for installation of concrete sidewalk, curb & gutter, driveways, and panel replacement, only on concrete street / ROW paving CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13,2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 004513-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 I. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b) As a Sub -Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS OF WORK LOCATION CITY -COUNTY- NAME AND DETAILED ADDRESS OF OFFICIAL TO WHOM YOU REFER CONTRACT AMOUNT DATE COMPLETED STATE *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so, where and why? 6 Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13,2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 004513-5 BIDDER PREQUALIFICATION APPLICATION Pages of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? NAME PRESENT YEARS OF EXPERIENCE MAGNITUDE AND TYPE OF WORK IN WHAT POSITION OR OFFICE CAPACITY 13. If any owner, officer, director, or stockholder of your firm 's an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No. Of Limited Partnership) General Partners/Officers Secretary Limited Partners (if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Officers or Managers (with titles, if any) Individuals authorized to sign for Partnership Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 14. Equipment 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. ITEM ITEM DESCRIPTION BALANCE SHEET VALUE QUANTITY 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various - TOTAL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 202I SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 STATE OF COUNTY OF 00 45 13 -8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 202I SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EQUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 7 % of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services perfoi med by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Pi ime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Protege participation. 42 43 These foi ms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Business Equity Utilization 46 Form DVIN 2022 220324.pdf 47 48 Letter of Intent CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 27, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City project No. 104346 [1 I I i i I i 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 104346. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406 096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CO T CTOR: ,r3 J, ea_ 12 cue/ Crcom/idteC ;o4 a7op: ZavA ra cnrde#y 13 Company (Please Print) / 14 15 Spo L✓ 0:0,n ri e l/ ,1 e Signature: 5��-,�-L4t 16 Address 17 18 ACerlie20,4 /iras %C/tD Title: "6:C/ s 47J4 19 City/State/Zip (Please Print) 20 - -- as_ name — 21 aY P, MICI-IEEE S LANKFOR 22 THE STATE OF TEXAS § (to: * A�:= Notary Public 23 ,�__ *1 ;*` STATE OF TEXAS 24 COUNTY OF TARRANT § % . _ .,+�ys= NotaryID # 1175946 6 25 ',°�;iiiM,� r\�' — Arty Comm. Exp. October 7. 2023 Sr 26 BEFORE ME, the undersigned authority, on this day personally appeared 27 7i'Pso i'crAe//y , known to me to be the person whose name is 28 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 29 the act and deed of g o s-, a n/ for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this �� Al day of 33 avo. c, , 20Z/ 34 35 36 Vtta.)� • CI-►n t 37 Notary Public in and for the Statof Texas 38 39 END OF SECTION 40 CITY OF FORT' WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 • SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 004540-2 Business Equity Goal Page 2 of 2 1 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.pdf 3 4 Business Equity Good Faith Effort Form 5 https://apps fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.pdf 7 8 Business Equity Prime Contractor Waiver Form 9 https://apps fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.pdf 11 12 Business Equity Joint Venture Form 13 https://apps fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/MWBE Joint 14 Venture 220225.pdf 15 16 17 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL 18 RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID 19 REJECTED. 20 21 22 FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUTY DOCUMENTATION OR OTHERWISE 23 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- 24 RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS 25 AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. 26 27 For Questions, Please Contact The Business Equity Division of the Department of Diversity and 28 Inclusion at (817) 392-2674. 29 END OF SECTION 30 CITY OF FORT WORTH STANDARD CONS"IRUCTION SPECIFICATION DOCUMENTS Revised October 27, 2021 SANITARY SEWER EMERGENCY RESPONSE CON`IRACT 2022 City project No. 104346 005243-1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on February 14, 2023 is made by and between the City of Fort Worth, a Texas home rule municipality acting by and through its duly authorized City Manager, ("City"), and William J. Schultz, Inc. dba Circle C Construction Company, authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 Article 3 CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of One Million, Two Hundred Fifty Thousand and 00/100 Dollars ($1,250,000.00). Contract price may be adjusted by change orders duly authorized by the Parties. Ai ticle 4. CONTRACT TIME 4.1 Final Acceptance. The Work will be complete for Final Acceptance within 365 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Four Hundred Twenty and 00/100 Dollars ($420.00) for each day that expires after the time specified in Paragraph 4 1 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 08/22/2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 005243-2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Commitment Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, oi• 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 piovision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 08/22/2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. "Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-WaiverofClaims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the pet formance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion.. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH SANITARY SEWER EMERGENCY STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESPONSE CONTRACT 2022 Revised 08/22/2022 City Project No. 104346 005243-4 Agreement Page 4 of 6 7.8 Prohibition on Contracts with Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S. S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (2) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that accept as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87d' Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (I) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 08/22/2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 08/22/2022 SANITARY SEWER EMERGENCY RESI'ONSE CONTRACT 2022 City Project No. 104346 A 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: William J. Schultz, Inc. dba Circle C Construction Company Teresa S. Skelly (Printed Name) Title: President P. O. Box 40328 500 W. Trammell Address: Fort Worth, Texas 76140 City/State/Zip: Date: Date City of Fort Worth llyi Jesica McEachern for: Dana Burghdoff Assistant City Manager Mar 15, 2023 Date Attest: )(innate Goodall, City Secretary teal) r8 Date: 2/14/ 2o23 o o Form 1295 No.: 2023- 9101 i5 ��� °°000000°° a Contract Compliance Manager: tkoteX Atr4)- By signing, 1 acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. J. ClSris Underwood Senior Engineering Tech Approved as to Form and Legality: ate$ ()Black (t.ta 13, 2023 03:38 COT) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 08/22/2022 Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: Chric� ua hr Christopher F arder (t.tar 3, 202314:55 CST) Chris Harder, P.E. Director Water Department OFFICIAL, RECORD CITY SECRETARY Ft WORTH, TX SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 i 006113-1 PERFORMANCE BOND Page I of 2 BOND NO. TXC615593 2 SECTION 00 61 13 3 PERFORMANCE BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 9 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as "Principal" herein 10 and Merchants Bonding Company (Mutual), a corporate surety(sureties, if more than one) duly authorized 11 to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly 12 bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known 13 as "City" herein, in the penal sum of One Million, Two Hundred Fifty Thousand and 00/100 Dollars 14 ($1,250,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County Texas for 15 the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns, Jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City awarded the 18 14th day of February 2023 which Contract is hereby referred to and made a part hereof for all purposes 19 as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, 20 in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated 21 as Sanitary Sewer Emergency Response Contract 2022 City Project No. 104346. 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 23 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform 24 the Work, including Change Orders, under the Contract, according to the plans, specifications, and 25 contract documents therein referred to, and as well during any period of extension of the Contract that 26 may be granted on the part of the City, then this obligation shall be and become null and void, otherwise 27 to remain in full force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant 29 County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CON'TRACI' 2022 City Project No. 104346 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 Texas 2 Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the 3 provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 5 instrument by duly authorized agents and officers on this the 14`'' day of February, 20 23. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 ATTEST: On 5a-tn1 (Principal) Secretary, Michele S. La ford Witness as to Principal PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company BY: _ e . cieS Signature Teresa S. Skelly, President Name and Title Address: P. O. Box 40328 Fort Worth, TX 76140 SURETY: Merchants B BY: ding Company (Mutual) Signature Sheryl A. Klutts, Attorney -in -Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266 Witness as to Surety, John . miller Telephone Number: 1-800-678-8171 Note: If signed by an officer of the Surety, these must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 61 14 - I PAYMENT BOND Page 1 of2 1 BOND NO. TXC615593 2 SECTION 00 61 14 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 "Principal" 9 herein, and Merchants Bonding Company (Mutual) a corporate surety (sureties), duly authorized to do 10 business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly 1 I bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of 12 Texas, known as "City" herein, in the penal sum of One Million, Two Hundred Fifty Thousand and 13 00/100 Dollars ($1,250,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 15 executors, administrators, successors and assigns, Jointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 14th 17 day of February, 2023 which Contract is hereby referred to and made a part hereof for all purposes as if 18 filly set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in 19 the prosecution of the Work as provided for in said Contract and designated as Sanitary Sewer 20 Emergency Response Contract 2022; City Protect No. 104346. 21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal 22 shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the 23 Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this 24 obligation shall be and become null and void; otherwise to remain in full force and effect. 25 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas 26 Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the 27 provisions of said statute. 28 29 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 006114-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument 2 by duly authorized agents and officers on this 14th day of February, 2023. PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company ATTEST: BY: • e , D.nl CTL4k (Principal) Secretary, Michele S. ankford Witness as to Principal ATTEST: (Surety) Secretat Witness as to Surety, John A.iller Zaca• 0 clacAfea Signature Teresa S. Skelly — President Name and Title Address: P. O. Box 40328 Fort Worth, TX 76140 SURETY: Merchants Bo ldi : Company (Mutual) BY: Signa ure Sheryl A. Klutts, Attorney -in -Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266-7754 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 bylaws 5 showing that this person has authority to sign such obligation. If Surety's physical address is different 6 from its mailing address, both must be provided. 7 8 The date of the bond shall not be prior to the date the Contract is awarded. 9 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 BOND NO. TXC615593 00 61 19 - 1 MAINTENANCE BOND Page 1 of3 3 SECTION 00 61 19 4 MAINTENANCE BOND 5 6 THE STATE OF TEXAS § 7 § KNOW ALL BY THESE PRESENTS: 8 COUNTY OF TARRANT § 9 10 That we William J. Schultz, Inc. dba Circle C Construction Company, known as "Principal" 11 herein and Merchants Bonding Company (Mutual), a corporate surety (sureties, if more than one) duly 12 authorized to do business in the State of Texas known as "Surety" herein (whether one or more), are held 13 and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the 14 State of Texas, known as `City" herein, in the sum of One Million, Two Hundred Fifty -Thousand & 15 00/100 Dollars ($1,250,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant 16 County, 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, firmly 18 by these presents. 19 20 WHEREAS, the Principal has entered into a certain written contract with the City awarded the 14th 21 day of February, 2023, which Contract is hereby referred to and a made part hereof for all purposes as if 22 fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in 23 the prosecution of the Work, including any Work resulting from a duly authorized Change Order 24 (collectively herein, the "Work") as provided for in said contract and designated as Sanitary Sewer 25 Emergency Response Contract 2022; City Project No. 104346; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance 28 with the plans, specifications and Contract Documents that the Work is and will remain free from defects 29 in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance 30 of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 33 receiving notice from the City of the need therefor at any time within the Maintenance Period. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 61 19 -2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any 3 defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, 4 then this obligation shall become null and void; otherwise to remain in full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed 7 defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or 8 reconstructed with all associated costs thereof being borne by the Principal and the Surety under this 9 Maintenance bond; and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant 12 County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; 13 and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 16 recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 00 61 19 - 3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 14th day of February, 2023. 3 4 5 6 7 8 9 10 ATTEST: Ct_.rd ' 11 '01(1 V.hkia..)5 � �; Teresa S. Skelly, President 12 (Principal) Secretaty, Michele S. La ; ford Name and Title 13 14 15 16 17 18 19 Witness as to Principal 20 21 22 23 24 BY: 25 ignature 26 27 28 29 30 31 32 33 • 34 Witness as to Surety, John A. Miller Telephone Number: 1-800-678-8171 35 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the 38 by-laws showing that this person has authority to sign such obligation. If Surety's physical 39 address is different from its mailing address, both must be provided. The date of the bond shall 40 not be prior to the date the Conti act is awarded. Address: P. O. Box 40328 41 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 PRINCIPAL: William J. Schultz, Inc. dba Circle C Construction Company BY: S�n Signature Fort Worth, TX 76140 SURETY: Merchants s o irng Company (Mutual) Sheryl A. Klutts, Attorney -in -Fact Name and Title Address: 6700 Westown Parkway West Des Moines, IA 50266 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 MERCHANT'S BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents that MERCHANTS BONDING COMPANY (MUTUAL) nd MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (n California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, John A Miller; John R Stockton; Sheryl A Klutts their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut horny hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surely company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky al least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of December , 2022 PS\ON4 2:• _o_ a'cp • v°. 2003 ;,c)i• STATE OF IOWA •b�� Si •o?�•• COUNTY OF DALLAS ss. ""' •Ot. POy*'O9•. • ;Vt 4.:•.t4 -0- o:-. • •z: • yj. 1933 ic • •Y• MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/bla MERCHANTS NATIONAL INDEMNITY COMPANY By 7y� On this 8th day of December 2022 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee Commission Number 702737 My Commission Expires April 14, 2024 Notary Public (Expiration of notary's commission does not invalidate This instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 141h day of February , 2023 . O•4p\NPO 0 •'ho9• : ;.c.7 11.Z,c • a•• 1933 POA 0018 (10/22) Secretary MERCHANTS BONDING COMPANY,u MERCHANTS BONDING COMPANI (MUTUAL) • MERCHANTS NATIONAL BONDING. INC. P.O. Box 14498 • DES MOINES, IOWA 50306-3498 • (800) 678-8171 • (515) 243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Co npany (Mutual) / Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) POLICY NUMBER: CPP100051064 COMMERCIAL GENERAL LIABILITY CGL 084 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Al SECTION II - WHO IS AN INSURED is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured; or 3. "Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permitted by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. Will not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. CGL 084 (02 21) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Copyright 2020 FCCI Insurance Group. Insured Copy Page 1 of 2 POLICY NUMBER: CPP100047109-04 COMMERCIAL GENERAL LIABILITY CGL 084 (02 21) B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III - LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. E. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: Paragraph 2. Duties In The Event of Occurrence, Offense, Claim Or Suit is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or "suit" that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the COMMERCIAL GENERAL LIABILITY COVERAGE FORM. CGL 084 (02 21) Includes copyrighted material of the Insurance Services Offices, Inc. with its permission. Copyright 2020 FCCI Insurance Group. Insured Copy Page 2 of 2 Policy #CPP100051064 i FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE Additional Insured Coverage 9 Bail Bonds 9 Blanket Waiver of Subrogation 14 Bodily Injury and Property Damage 1 Care, Custody or Control 3 Contractors Errors and Omissions 6 Contractual Liability (Personal & Advertising Injury) 2 Electronic Data Liability 1 General Liability Conditions 13 Incidental Malpractice 9 Insured 9 Limited Product Withdrawal Expense 3 Limits of Insurance 11 Loss of Earnings 9 Lost Key Coverage 8 Newly Formed or Acquired Organizations 11 Non -Owned Watercraft 1 Property Damage Liability — Borrowed Equipment 1 Tenant's Property and Premises Rented To You 8 Voluntary Property Damage 2 QUOTE Policy #CPP100051064 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or "property damage' expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Non -owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per "occurrence'. The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. The most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $10,000. We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V — DEFINITIONS of the Coverage Form: "Electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 1 of 14 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data', resulting from physical injury to tangible property. All such loss of "electronic data shall be deemed to occur at the time of the "occurrence" that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I — COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted. SECTION I — COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "property damage" caused by an "occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 2 of 14 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage caused by an "occurrence", to property of others while in your care custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard"; e. Motor vehicles; f. "Your product" arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for "product withdrawal expenses" associated with "your product" incurred because of a "product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 3 of 14 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal' expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product". (2) If a "product withdrawal" is initiated, you must. (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must. (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product" which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 5 of 14 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) • (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product", "your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suite covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 6 of 14 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. Any liability arising from "property damage" to products that are still in your physical possession. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage to property other than "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. n. Any liability for "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor' means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 7 of 14 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys; or c. Cost of new locks, if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting loss of use; or c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation; 2) Concealment; 3) Conversion; 4) Fraud; or 5) Dishonesty. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 8 of 14 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or "personal and advertising injury' for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 9 of 14 J• 9• COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury' arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard" Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to liability for "bodily injury" or "property damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 10 of 14 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage Al except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; e. Care, Custody or Control damages under Coverage E.; and f. Lost Key Coverage under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage' payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 11 of 14 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" in any one -policy period, regardless of the number of insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one occurrence is $50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Paragraph 14. is added as follows: 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 12 of 14 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this "occurrence' may be a liability claim rather than a workers compensation claim. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 13 of 14 COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Copyright 2020 FCCI Insurance Group QUOTE Page 14 of 14 Policy #CPP100051064 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Insured Copy Policy #CAA 100051065 COMMERCIAL AUTO CAU 058 (05 19) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee' or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's' household CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 4 Copyright 2018 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (05 19) h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION 111- PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a total maximum of $1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". (3) However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 4 Copyright 2018 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (05 19) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the "loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (05 19) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2018 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (05 19) (3) Glass damage if repaired rather than replaced. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or "loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (05 19) Includes copyrighted rnaterial of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2018 FCCI Insurance Group. Policy #CAA100051065 COMMERCIAL AUTOMOBILE CAU 082 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC INSURED - BUSINESS AUTO POLICY PRIMARY/NON-CONTRIBUTING WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following: 1. Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured" without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 Copyright 2015 FCCI Insurance Group. Texasmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. () Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception dale of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 8/12/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0002051085 of Texas Mutual Insurance Company effective on 8/12/22 Issued to: WILLIAM J SCHULTZ INC DBA: CIRCLE C CONSTRUCTION COMPANY This is not a bill NCCI Carrier Code: 29939 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 Authorized representative 8/11/22 WC 42 03 04 B m • 0 Policy #CUP2S886795 UMBRELLA • 8 0 0 EXCESS FOLLOW -FORM AND UMBRELLA LIABILITY INSURANCE THIS POLICY, IN PART, PROVIDES FOLLOW -FORM LIABILITY COVERAGE. COVERAGE WILL APPLY ON A CLAIMS -MADE BASIS WHEN FOLLOWING CLAIMS -MADE UNDERLYING INSURANCE. COVERAGE WILL APPLY ON A DEFENSE -WITHIN -LIMITS BASIS WHEN FOLLOWING UNDERLYING INSURANCE UNDER WHICH 8 DEFENSE EXPENSES ARE PAYABLE WITHIN, AND NOT IN ADDITION TO, THE LIMITS OF INSURANCE. WHEN FOLLOWING SUCH UNDERLYING INSURANCE PAYMENT OF DEFENSE EXPENSES UNDER THIS POLICY WILL REDUCE, AND MAY EXHAUST, THE LIMITS OF INSURANCE OF THIS POLICY. PLEASE READ THE ENTIRE POLICY CAREFULLY. N 0 * 3 C 00241M11428 3515 1101111 MENE IMMESSI NERENSIO Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means WHO IS AN INSURED. Other words and phrases that appear in quotation SECTION VI - DEFINITIONS. SECTION I - COVERAGES A. COVERAGE A - EXCESS FOLLOW -FORM LIABILITY 1. We will pay on behalf of the insured those sums, in excess of the "applicable underlying limit", that the insured becomes legally obligated to pay as damages to which Coverage A of this insurance applies, prov'ded that the "underlying insurance" would apply to such damages but for the exhaustion of its applicable limits of insurance. If a sublimit is specified in any "underlying insurance", Coverage A of this insurance applies to damages that are in excess of that sublimit only if such sublimit is shown for that "underlying insurance" in the Schedule Of Underlying Insurance. 2. Coverage A of this insurance Is subject to the same terms, conditions, agreements, exclusions and definitions as the "underlying insurance", except with respect to any provisions to the contrary contained in this insurance. 3. The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE. 4. For the purposes of Paragraph 1, above: any person or organization qualifying as such under SECTION II — marks have special meaning. Refer to a. The applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance will be considered to be reduced or exhausted only by the following payments: (11 Payments of judgments or settlements for damages that are covered by that "underlying insurance". However, if such "underlying insurance" has a policy period which differs from the policy period of this Excess Follow -Form And Umbrella Liability Insurance, any such payments for damages that would not be covered by this Excess Follow - Form And Umbrella Liability Insurance because of its different policy period will not reduce or exhaust the applicable limit of insurance stated for such "underlying insurance"; (2) Payments of "medical exp- enses" that are covered by that "underlying insurance" and are incurred for "bodily injury" caused by an accident that takes place during the policy period of this Excess Follow - Form And Umbrella Liability Insurance; or EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 1 of 23 UMBRELLA (3) Payments of defense expenses that are covered by that "underlying insurance", only if such "underlying Insurance" includes such payments within the limits of insurance. However, if such "underlying insurance" has a policy period which differs from the policy period of this Excess Follow - Form And Umbrella Liability Insurance, any such payments for defense expenses that would not be covered by this Excess Follow -Form And Umbrella Liability Insurance because of its different policy period will not reduce or exhaust the applicable limit of insurance stated for such "underlying insurance". If the applicable limit of Insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance is actually reduced or exhausted by other payments, Coverage A of this insurance is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had such limit not been actually reduced or exhausted by such other payments. b. If any "underlying insurance" has a limit of insurance greater than the amount shown for that insurance in the Schedule of Underlying Insurance, this insurance will apply in excess of that greater amount. If any "underlying insurance" has a limit of insurance, prior to any reduction or exhaustion by payment of damages, "medical expenses" or defense expenses described in Paragraph a above, that is less than the amount shown for that insurance in the Schedule Of Underlying Insurance, this insurance will apply in excess of the amount shown for such insurance in the Schedule Of Underlying Insurance. 5. When the "underlying insurance" applies on a claims -made basis and includes a retroactive date provision, the retroactive date for Coverage A of this insurance is the same as the retroactive date of that "underlying insurance". B. COVERAGE B - UMBRELLA LIABILITY 1. We will pay on behalf of the insured those sums in excess of the "self - insured retention" that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage", "personal injury" or "advertising injury" to which Coverage B of this insurance applies. 2. Coverage B of this insurance applies to "bodily injury" or "property damage" only if: a. The "bodily injury" or "property damage" Is caused by an "occurrence" that takes place anywhere in the world; b. The "bodily injury" or "property damage" occurs during the policy period; and C. Prior to the policy period, no insured listed under Paragraph 1. in Paragraph B., COVERAGE B - UMBRELLA LIABILITY, 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 "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, in whole or in part, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. 3. Coverage 8 of this insurance applies to "personal injury" or "advert sing injury" caused by an offense ar sing out of your business, but only If the offense was committed during the policy period anywhere in the world. 4. The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE. 5. "Bodily injury" or "property damage": a. Which occurs during the policy period; and b. Which was not prior to, but was during, the policy period known to have occurred by any insured listed under Paragraph 1. in Paragraph B., COVERAGE B — UMBRELLA LIABILITY of SECTION II WHO IS AN INSURED, or any "employee" authorized by you to give notice of an "occurrence" or claim; includes any continuation, change or resumption of the "bodily injury" or "property damage" after the end of the policy period. 6. "Bodily injury" or "property damage" will be deemed to have been known Page 2 of 23 0 2016 The Travelers Indemnity Company. An rights reserved. EU 00 01 07 16 ry . 0 0 UMBRELLA 0 0 0 0 0 0 0 1- 8 0 0 In m co v 0 01 0 0 m lops 11 MMN to have occurred at the earliest time when any insured listed under Paragraph 1. in Paragraph B., COVERAGE B - UMBRELLA LIABILITY, of SECTION II - WHO IS AN INSURED or any "employee" authorized by you to give or receive notice of an "occurrence" or claim. a. Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; b. Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or C. Becomes aware by any other means that the "bodily injury" or "property damage" has occurred o r has begun to occur. 7. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". 8. Coverage B of this insurance does not apply to damages covered by any "underlying insurance" or that would have been covered by any "underlying insurance" but for the exhaustion of its applicable limit of insurance. C. COVERAGE C - CRISIS MANAGEMENT SERVICE EXPENSES 1. We will reimburse the insured, or pay on the insured's behalf, "crisis management service expenses" to which Coverage C applies. 2. Coverage C of this Insurance applies to "crisis management service expenses" that: a. Arise out of a "crisis management event" that first commences during the policy period; b. Are incurred by the insured, after a "crisis management event" first commences and before such event e nds; and c. Are submitted to us within 180 days after the "crisis management advisor" advises you that the "crisis management event" no longer exists. 3. A "crisis management event" will be deemed to: a. First commence at the time when any "executive officer" first becomes aware of an "event" or "occurrence" that leads to that "crisis management event"; and b. End when we decide that the crisis no longer exists or when the Crisis Management Service Expenses Limit has been exhausted, whichever occurs first. 4. The amount we will pay for "crisis management service expenses" is limited as described in SECTION III — LIMITS OF INSURANCE. 5. A "self -insured retention" does not apply to "crisis management service expenses". 6. Any payment of "crisis management service expenses" that we make will not be determinative of our obligations under this insurance with respect to any claim or "suit" or create any duty to defend or indemnify any insured for any claim or "suit". D. DEFENSE AND SUPPLEMENTARY PAYMENTS 1. We will have the right and duty to defend the insured: a. Under Coverage A, against a "suit" seeking damages to which such coverage applies, if: (1) The "applicable underlying limit" is the applicable limit of insurance stated for a policy of "underlying insurance" in the Schedule Of Underlying Insurance and such limit has been exhausted solely due to payments as permitted in Paragraphs 4.a.(1), (2) and (3) of COVERAGE A - EXCESS FOLLOW - FORM LIABILITY of SECTION I - COVERAGES; or (2) The "applicable underlying limit" is the applicable limit of any "other insurance" and such limit has been exhausted by payments of judgments, settle- ments or medical expenses, or related costs or expenses (if such costs or expenses reduce such limits). For any "suit" for which we have the right and duty to defend the insured under Coverage A, defense expenses will be within the limits o f insurance of this policy when such expenses are within the limits of insurance of the applicable "underlying insurance"; o r b. Under Coverage B, against a "suit" seeking damages to which such coverage applies. 2. We have no duty to defend any insured against any "suit": EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 3 of 23 UMBRELLA a. Seeking damages to which this insurance does not apply; or b. If any other insurer has a duty to defend. 3. When we have the duty to defend, we may, at our discretion, investigate and settle any claim or "suit". In all other cases, we may, at our discretion, participate in the investigation, defense and settlement o f any claim or "suit" for damages to which this insurance may apply. If we exercise such right to participate, all expenses we incur in doing so will not reduce the applicable limits o f insurance. 4. Our duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements, or defense expenses if such expenses are within the limits of insurance of this policy. 5. We will pay, with respect to a claim we investigate or settle, or "suit" against an insured we defend: a. All expenses we incur. b. The cost of: (1) Bail bonds required because of accidents or traffic law violations arising out of the use of any veh'cle to which this insurance applies; or (2) Appeal bonds and bonds to release attachments; but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. C. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. d. All court costs taxed against the insured in the "suit". However, these payments do not include attorneys' fees or attorneys' expenses taxed against the insured. e. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. f. All interest that accrues on the full amount of any judgment after entry of the judgment and before we have paid, offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. If we do not pay part of the judgment for any reason other than it is more than the applicable limit of insurance, we will not pay any interest that accrues on that portion of the judgment. With respect to a claim we investigate or settle, or "suit" against an insured we defend under COVERAGE A - EXCESS FOLLOW -FORM LIABILITY, these payments will not reduce the applicable limits of insurance, but only if the applicable "underlying ' nsurance" provides for such payments in addition to its limits of 'nsurance. With respect to a claim we nvestigate or settle, or "suit" against an insured we defend under COVERAGE B - UMBRELLA LIABILITY, these payments will not reduce the applicable limits of insurance. SECTION II - WHO IS AN INSURED A. COVERAGE A - LIABILITY With respect to following persons qualify as insureds: EXCESS FOLLOW -FORM Coverage A, the and organizations 1. The Named Insured shown in the Declarations; and 2. Any other person or organization qualifying as an insured in the ' underlying insurance". If you have agreed to provide insurance for that person or organization in a written contract or agreement: a. The limits of insurance afforded to such person or organization will be: (1) The amount by which the minimum limits of insurance you agreed to provide such person or organization in that written contract or agreement exceed the total limits of insurance of all applicable "underlying insurance"; or (2) The limits of insurance of this policy; whichever is less; and b. Coverage under this policy does not apply to such person or organization if the minimum limits of insurance you agreed to provide such person or organization in that written contract or agreement are wholly within the total limits of insurance of all available applicable "underlying insurance". Page 4 of 23 ® 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 • UMBRELLA • 0 0 1.4 In 0 al m N v a 0 0 0 ARIMMEN MN MINIM B. COVERAGE B — UMBRELLA LIABILITY With respect to Coverage B: 1. The Named Insured shown in the Declarations is an insured. 2. If you are: a. An individual, your spouse is also an insured, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, your members, your partners and their spouses are also insureds, but only with respect to the conduct of your business. C. A limited liability company, your members are also insureds, but only with respect to the conduct of your business. Your managers are also insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, your "officers" and directors are also insureds, but only with respect to their duties as your "officers" or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, your trustees are also insureds, but only with respect to their duties as trustees. 3. Each of the following is also an insured: a. Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than e ither your "officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their e mployment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) 'Bodily injury" or "personal injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co - "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; 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)1a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. Unless you are in the business or occupation of providing professional health care services, Paragraphs (1)(a), (b), (c) and (d) above do not apply to "bodily injury" arising out of providing or failing to provide first aid or "Good Samaritan services" by any o f your "employees" or "volunteer workers" other than an employed or volunteer doctor. Any such "employees" or "volunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours for you will be deemed to be acting within the scope o f their employment by you or performing duties related to the conduct of your business. (2) "Property damage" to property: (a) Owned, occupied or used by; or (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by; you, any of your "employees" o r "volunteer workers", any of your partners or members (if you are a partnership or joint venture), or any of your members (if you are a limited liability company). (c) EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 5 of 23 UMBRELLA b. Any person (other than your "employee" or "volunteer worker"), or any organization, while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. 4. Any organization, other than a partnership, joint venture or limited liability company, of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, on the first day of the policy period is an insured and will qual fy as a Named Insured. No such organization is an insured or will qua( fy as a Named Insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising injury" caused by an o ffense committed after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such o rganization. 5. Any organization you newly acquire o r form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, is an insured and will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 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; and b. Coverage for such organization does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal injury" or "advertising injury" arising out of an offense committed; before you acquired or formed the organization. No person or organization is an insured or will qualify as a Named Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. This paragraph does not apply to any such partnership, joint venture or limited liability company that otherwise qualifies as an insured under Paragraph B. of SECTION II - WHO IS AN INSURED. C. COVERAGE C - CRISIS MANAGEMENT SERVICE EXPENSES With respect to Coverage C, the following persons and organizations are insureds and will qualify as Named Insureds: 1. The Named Insured shown in the Declarations. 2. Any organization, other than a partnership, joint venture or limited liability company, of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, on the first day of the policy period. No such organization is an insured or will qualify as a Named Insured for ' crisis management service expenses" arising out of a "crisis management event" that first commences after the date, if any, during the policy period, that you no longer maintain an ownership interest of more than 50% in such organization. 3. Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, if there is no other similar insurance available to that organization. However: 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; and b. Coverage for such organization does not apply to "crisis management service expenses" arising out of a "crisis manage- ment event" that occurred before you acquired or formed the organization, even if an "executive o fficer" only first becomes aware o f an "event" or "occurrence" that leads to such "crisis management event" after the date you acquired or formed the organization. Page 6 of 23 ® 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 • ru 0 0 UMBRELLA • m 0 *3C00241M11428 3521 MIESSE slismisimg BMW No person or organization is an insured or will qualify as a Named Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III — LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay for the amounts described below to which this insurance applies regardless of the number of: 1. Insureds; 2. Claims made or "suits" brought; 3. Number of vehicles involved; 4. Persons or organizations making claims or bringing "suits"; or 5. Coverages provided under this insurance. As indicated in Paragraph D.1. of SECTION — COVERAGES, for any "suit" for which we have the right and duty to defend the insured under Coverage A, defense expenses will be within the limits of insurance of this policy when such expenses are within the limits of insurance of the applicable "underlying insurance". B. The General Aggregate Limit is the most we will pay for the sum of all: 1. Damages; and 2. Defense expenses if such expenses are within the limits of insurance of this policy; except: 1. Damages and defense expenses because of "bodily injury" or "property damage" included in the "auto hazard"; 2. Damages and defense expenses because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; or 3. Damages and defense expenses for which insurance is provided under any Aircraft Liability coverage included as "underlying Insurance" to which no aggregate limit applies. C. The Products -Completed Operations Aggregate Limit is the most we will pay for the sum of all: 1. Damages; and 2. Defense expenses if such expenses are within the limits of insurance of this policy; because of "bodily injury" or "property damage" included in the "products - completed operations hazard". 0. Subject to Paragraph B. or C. above, whichever applies, the Occurrence Limit is the most we will pay for the sum of all: 1. Damages, and defense expenses if such expenses are within the limits o f insurance of this policy, under Coverage A arising out of any one "event" to which the "underlying insurance" applies a limit of insurance that is separate from any aggregate limit of insurance; and 2. Damages under Coverage B because o f all "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any o ne "occurrence". For the purposes of determining the applicable Occurrence Limit, all related acts or omissions committed in the providing or failing to provide first aid o r "Good Samaritan services" to any o ne person will be considered one "occurrence". E. The Crisis Management Service Expenses Limit is the most we will pay for the sum of all "crisis management service expenses" arising out of all "crisis management events". Payment of such "crisis management service expenses" is in addition to, and will not reduce, any other limit of insurance of this policy. F. The limits of insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months, s arting with the beginning of the policy period shown in the Declarations. If the policy period is extended after issuance for an additional period of less than 12 months, the additional period will be deemed part o f the last preceding period for purposes o f determining the limits of insurance. SECTION IV — EXCLUSIONS This insurance does not apply to: A. With respect to Coverage A and Coverage B: 1. Asbestos a. Damages arising out of the actual or alleged presence or actual, alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestos, provided that the damages are caused or contributed to by the hazardous properties of asbestos. b. Damages arising out of the actual or alleged presence or actual, alleged or threatened dispersal of EU 00 01 07 16 0 2016 The Travelers Indemnity Company. All rights reserved. Page 7 of 23 UMBRELLA any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapors, soot, fumes, acids, alkalis, chemicals and waste, and that are part of any claim or "suit" which also alleges any damages described in Paragraph a. above. c. Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, asbestos, asbestos fibers or products containing asbestos; or Claim or "suit" by or on behalf of any governmental authority or any other person or organization because of testing for, monitoring, clean- ing up, removing, containing, treating, detoxifying or neutral- izing, or in any way responding to, or assessing the e ffects of, asbestos, asbestos fibers or products containing asbestos. 2. Employment —Related Practices Damages because of injury to: a. A person arising out of any: (1) Refusal to employ that person; (2) Termination of that person's e mployment, or (3) Employment -related practice, policy, act or omission, such as coercion, demotion, evaluat- ion, reassignment, discipline, failure to promote or advance, harassment, humiliation, dis- crimination, libel, slander, ✓ iolation of the person's right o f privacy, malicious prosecution or false arrest, detention or imprison-ment, applied to or directed at that person, regardless of whether such practice, policy, act or o mission occurs, is applied or is committed before, during or after the time of that person's e mployment, or b. The spouse, child, parent, brother or sister of that person as a consequence of injury to that person as described in Paragraphs a.(1), (2) or (3) above. This exclusion applies: (2) a. Whether the insured may be liable as an employer or in any other capacity; and b. To any obligation to share damages with or repay someone else who must pay damages because of the injury. 3. ERISA, COBRA And Similar Laws Any obligation of the insured under: a. The Employees Retirement Income Security Act Of 1974 (ERISA) or any of its amendments; b. The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) or any of its amendments; or C. Any similar common or statutory law of any jurisdiction. 4. Medical Expenses Or Payments Any obligation of the insured under any "medical expenses" or medical payments coverage. 5. Nuclear Material Damages arising out of: a. The actual, alleged or threatened exposure of any person or property to; or b. The "hazardous properties" of; any "nuclear material". As used in this exclusion: a. "Hazardous properties" includes radioactive, toxic or explosive properties; b. "Nuclear material" means "source material", "special nuclear material" or "by-product material"; and c. "Source material", "special nuclear material" and "by-product mater- ial" have the meanings given them in the Atomic Energy Act of 1954 or any of its amendments. 6. Uninsured or Underinsured Motorists, No — Fault And Similar Laws Any liability imposed on the insured, or the insured's insurer, under any of the following laws: a. Uninsured motorists; b. Underinsured motorists; c. Auto no-fault or other first -party personal injury protection (PIP); d. Supplementary uninsured/underinsured motorists (New York); or e. Medical expense benefits and income loss benefits (Virginia). Page 8 of 23 ® 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA 0 00 MEM gimes 7. War Damages arising out of: a. War, including undeclared or civil war; or b. Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental authority in hindering or defending against any of these. 8. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. 8. With respect to Coverage B: 1. Expected Or Intended Bodily Injury Or Property Damage "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Contractual Liability "Bodily injury", "property damage", "personal injury" or "advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liabil ty in a contract or agreement. This exclusion does not apply to liabi ity for damages that the insured would have in the absence of the contract or agreement. 3. Liquor Liability "Bodily injury" or "property damage" for which any insured may be liable by reason of: a. Causing or contributing to the intoxication of any person, including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on your premises for consumption on your premises; h. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or C. Any statute, ordinance regulation relating to the or sale, gift, distribution or use of alcoholic beverages. 4. Employers Liability "Bodily Injury" to: a. An "employee" of the insured arising out of and in the course o f: (1) Employment by the insured; or (2) Performing duties related to the conduct of the insured's business; or b. The spouse, child, parent, brother o r sister of that "employee" as a consequence of "bodily injury" described in Paragraph a. above. This exclusion applies: a. Whether the insured may be liable as an employer or in any other capacity; and b. To any obligation to share damages with or repay someone e lse who must pay damages because of the "bodily injury". 5. Pollution a. "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants". IL Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory require- ment that any insured or any other person or organization test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the e ffects of, "pollutants"; or (2) Claim or "suit" by or on behalf of any governmental authority or any other person o r organization because of testing for, monitoring, cleaning up, removing, contain- ing, treating, detox fying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". 6. Aircraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 9 of 23 UMBRELLA This exclusion applies even if the claims against any insured allege n egligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. 7. Auto "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to o thers of any "auto". Use includes o peration and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or e ntrustment to others of any "auto". This exclusion does not apply to "bodily injury" or "property damage" caused by an "occurrence" that takes place outside of the United States of America (including its territories and possessions), Puerto Rico and Canada. 8. Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to o thers of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or e ntrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to a watercraft: a. While ashore on premises owned by or rented to any Insured; or b. That is 50-feet long or less and that: (1) You own; or (2) You do not own and is not being used to carry any person or property for a charge. 9. Electronic Data Damages claimed for the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". 10. Damage To Property, Products Or Work "Property damage" to: a. Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person or organization, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person o r damage to another's property; b. Premises you sell, give away or abandon if the "property damage" arises out of any part of those premises; c. Property loaned to you; d. Personal property in the care, custody or control of the insured; e. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing o perations if the "property damage" arises out of those o perations; f. That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it; "Your product" arising out of "your product" or any part of it; or g• h. "Your work" arising out of "your work" or any part of it and included in the "products - completed operations hazard". 11. Damage To Impaired Property Or Property Not Physically Injured "Property damage' to "impaired property", or property that has not been physically injured, arising out of: a. A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or b. A delay or failure by you, or anyone acting on your behalf, to fulfill the terms of a contract or agreement. Page 10 of 23 ® 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N 0 UMBRELLA 0 0 0 § 0 * 3C00241M11428 MRTIE IMM BIM 61116511 This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. 12. 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: a "Your product"; b. "Your work"; or c. "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. 13. Violation Of Consumer Financial Protection Laws "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any actual or alleged violation of a "consumer financial protection law", or any other "bodily injury", "property damage", "personal injury" or "advertising njury" alleged in any claim or "suit" that also alleges any such violation. 14. Unsolicited Communication "Bodily injury", "property damage". "personal injury" or "advertising injury" arising out of any actual or alleged violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". 15. Access Or Disclosure Of Confidential Or Personal Information "Bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any access to o r disclosure of any person's or o rganization's confidential or personal information. 16. Knowing Violation Of Rights Of Another "Personal injury" or "advertising in ury" caused by or at the direction o f the insured with the knowledge that the act would violate the rights o f another and would inflict "personal injury" or "advertising injury". 17. Material Published With Knowledge 0f Falsity "Personal injury" or "advertising injury" arising out of oral or written publication, including publication by electronic means, of material, if done by or at the direction of the insured with knowledge of its falsity. 18. Material Published Or Used Prior To Policy Period a "Personal injury" or "advertising injury" arising out of oral or written publication, including publication by electronic means, of material whose first publication took place before the beginning of the policy period; or b. "Advertising injury" arising out of infringement of copyright, "title" or "slogan" in your 'advertise- ment" whose first infringement in your "advertisement' was committed before the beginning of the policy period. 19. Criminal Acts "Personal injury" or "advertising injury" arising out of a criminal act committed by or at the direction of the insured. 20. Breach Of Contract "Personal injury" or "advertising injury" arising out of a breach of contract. 21. Ouality Or Performance Of Goods Failure To Conform To Statements "Advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". 22. Wrong Description Of Prices "Advertising injury" arising out of the wrong description of the price of goods, products or services stated in your "advertisement". 23. Intellectual Property "Personal injury" or "advertising injury" arising out of any actual or alleged infringement or violation of any of the following rights or laws, or any other "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation: a h. c. d. Copyright; Patent; Trade dress; Trade name; EU 00 01 07 16 2016 The Travelers Indemnity Company. All rights reserved. Page 11 of 23 UMBRELLA e. Trademark; f. Trade secret; or g. Other intellectual property rights or laws. This exclusion does not apply to: a. "Advertising injury" arising out of any actual or alleged infringement or violation of another's copyright, "title" or "slogan" in your "advertisement"; or b. Any other "personal injury" or "advertising injury" alleged in any claim or "suit" that also alleges any such infringement or violation of another's copyright, "title" or "slogan" in your "advertisement". 24. Insureds In Media And Internet Type Business "Personal injury" or "advertising injury" arising out of an offense committed by an insured whose business is: a. Advertising, "broadcasting" or publishing; b. Designing or determining content of web -sites for others; or c. An Internet search, access, content or service provider. This exclusion does not apply to Paragraphs a,(1), (2) and (3) of the definition of 'personal injury'. For the purposes of this exclusion: a. Creating and producing correspondence written in the conduct of your business, bulletins, financial or annual reports, or newsletters about your goods, products or services will not be considered the business of publishing; and b. The placing of frames, borders or links, or advertising, for you or others anywhere on the Internet will not, by itself, be considered the business of advertising, "broadcasting" or publishing. 25. Electronic Chatrooms Or Bulletin Boards "Personal injury" or "advertising injury" arising out of an electronic chatroom or bulletin board the insured hosts, owns or over which the insured exercises control. 26.Unauthorized Use Of Another's Name Or Product "Personal injury" or "advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead another's potential customers. C. With respect to Coverage C: Newly Acquired, Controlled Or Formed Entities "Crisis management service expenses" arising out of a "crisis management event" that involves any organization you newly acquire or form and that occurred prior to the date you acquired or formed that organization, even if an "executive officer" only first becomes aware of an "event" or "occurrence" that leads to such "crisis management event" after the date you acquired or formed such organization. SECTION V - CONDITIONS A. APPEALS 1. If the insured or the insured's "underlying insurer" elects not to appeal a judgment which exceeds the "applicable underlying limit" or "self - insured retention", we may do so. 2. If we appeal such a judgment, we will pay all costs of the appeal. These payments will not reduce the applicable limits of insurance. In no event will our liability exceed the applicable limit of insurance. BANKRUPTCY 1. Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this insurance. 2. In the event of bankruptcy or insolvency of any "underlying insurer", this insurance will not replace such bankrupt or insolvent "underlying insurer's" policy, and this insurance will apply as if such "underlying insurer" had not become bankrupt or insolvent. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this insurance by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this insurance by mailing or delivering to such first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium, or b. 60 days before the effective date of cancellation if we cancel for any other reason. 8. C. Page 12 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N Ut • 0 UMBRELLA 0 0 0 m 0 * 3 C 0 0 2 41M11428 3527 RIME Mita11 VMEE SIM 3. 4. 5. We will mail or deliver our notice to such first Named Insured's last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this insurance is cancelled, we will send such first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If such first Named Insured cancels, the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. D. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. No change can be made in the terms of this insurance except with our consent. The terms of this insurance can be amended or waived only by endorsement issued by us and made a part of this policy. E. CURRENCY Payments for damages or expenses described in Paragraph 5. of Paragraph D., DEFENSE AND SUPPLEMENTARY PAYMENTS, of SECTION I - COVERAGES will be in the currency of the United States of America. At our sole option, we may make these payments in a different currency. Any necessary currency conversion for such payments will be calculated based on the rate of exchange published in the Wall Street Journal immediately preceeding the date the payment is processed. F. DUTIES REGARDING AN EVENT, OCCURRENCE, CLAIM OR SUIT 1. You must see to it that we are notified as soon as practicable of an "event" or "occurrence" which may result in a claim under this insurance. To the extent possible, notice should include: a. How, when and where the "event" or "occurrence" took place; b. The names and addresses of any persons or organizations sustaining injury, damage or loss, and the names and addresses of any witnesses; and c. The nature and location of any injury or damage arising out of the "event" or "occurrence". 2. If a claim is made or "suit" is brought against any insured which may result in a claim under this insurance, you must see to it that we receive written notice of the claim or "suit" as soon as practicable. 3. With respect to Coverage A, the insured must. a Cooperate with us in the investigation, settlement or defense of any claim or "suit"; b. Comply with the terms of the "underlying insurance"; and C. Pursue all rights of contribution or indemnity against any person or organization who may be liable to the insured because of the injury, damage or loss for which insurance is provided under this policy or any policy of "underlying insurance". 4. With respect to Coverage B, the insured must: a Immediately send us copies of any demands, notices, summonses or legal papers received in connect' on with the claim or "suit"; b. Authorize us to obtain necessary records and other information; C. Cooperate with us in the investigation, settlement or defense of any claim or "suit"; and d. Assist us, upon our request, in the enforcement of any r ght against any person or organization which may be liable to the insured because of injury or damage to which Coverage B may apply. 5. No insured will, except at that insured's own expense, voluntarily make a payment, assume any obligation, make any admission or incur any expense, other than for first aid for "bodily injury" covered by this insurance, without our consent. 6. Knowledge of an "event", "occurrence", claim or "suit" by your agent, servant or "employee" will not constitute knowledge by you, unless your insurance or risk manager, or anyone working in the capacity as your insurance or risk manager, or anyone you designate with the responsibility of reporting an "event", "occurrence", claim or "suit": a. Has received notice of such "event", "occurrence", claim or "suit" from such agent, servant or "employee"; or b. Otherwise has knowledge of such "event", "occurrence", claim or "suit". EU 00 01 07 16 ® 2016 The Travelers Indemnity Company. All rights reserved. Page 13 of 23 UMBRELLA G. DUTIES REGARDING A CRISIS MANAGEMENT EVENT You must: H. I. Notify us within 30 days of a "crisis management event" that may result in "crisis management service expenses". 2. Provide written notice of the "crisis management event" as soon as practicable. To the extent possible, notice should include: 1. a b. How, when and where that "crisis management event" took place; The names and addresses of any persons or organizations sustaining injury, damage or loss, and the named and addresses of any witnesses; c. The nature and location of any injury or damage arising out of that "crisis management event"; and d. The reason that "crisis management event" is likely to involve damages covered by this insurance in excess of the "applicable underlying limit" or "self -insured retention" and involve regional or national media coverage. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this insurance: 1. At any time during the policy period; 2. Up to three years after the end of the policy period; and 3. Within one year after final settlement of all claims under this insurance. EXTENDED REPORTING PERIOD OPTION 1. When the "underlying insurance" applies on a claims -made basis, any automatic or basic "extended reporting period" in such "underlying insurance" will apply to this insurance. 2. When the "underlying insurance" applies on a claims -made basis and you elect to purchase an optional or supplemental "extended reporting period" in such "underlying insurance," that "extended reporting period" will apply to this insurance only if: a. A written request to purchase an Extended Reporting Period endorsement for this insurance is made by you and received by us within 90 days after the end of the policy period; b. You have paid all premiums due for this policy at the time you make such request; c. You promptly pay the additional premium we charge for the Extended Reporting Period endorsement for this insurance when due. We will determine that additional premium after we have received your request for the Extended Reporting Period endorsement for this insurance. That additional premium is not subject to any limitation stated in the "underlying insurance" on the amount or percentage of additional premium that may be charged for the "extended reporting period" in such "underlying insurance"; and d. That Extended Reporting Period endorsement is issued by us and made a part of this policy. 3. Any Extended Reporting Period endorsement for this insurance will n ot reinstate or increase the Limits o f Insurance or extend the policy period. 4. Except with respect to any provisions to the contrary contained in Paragraphs 1., 2. or 3. above, all provisions of any option to purchase an "extended reporting period" granted to you in the "underlying insurance" apply to this insurance. J. INSPECTIONS AND SURVEYS 1. We have the right but are not obligated to: a. Make inspections and surveys at any time; b. Give you reports on the conditions we find; and c. Recommend changes. 2. Any inspections, surveys, reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or o rganization to provide for the health o r safety of workers or the public. We do not warrant that conditions: a. Are safe or healthful; or b. Comply with laws, regulations, codes or standards. K. LEGAL ACTION AGAINST US 1. No person or organization has a right under this insurance: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or Page 14 of 23 ® 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA 0 8 0 0 * 3 C 0 0 2 41 M 1 1428 3529 Ifigigag NISEI b. To sue us on this insurance unless all of its terms have been fully complied with. 2. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured. We will not be liable for damages that: a Are not payable under the terms of this insurance; or b. Are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal representative. L. MAINTENANCE OF UNDERLYING INSURANCE 1. The insurance afforded by each policy of "underlying insurance" will be maintained for the full policy period _ of this Excess Follow -Form And Umbrella Liability Insurance. This provision does not apply to the reduction or exhaustion of the aggregate limit or limits of such "underlying insurance" solely by payments as permitted in Paragraphs 4.a111, 121 and (3) of COVERAGE A - EXCESS FOLLOW -FORM LIABILITY of SECTION I - COVERAGES. As such policies expire, you will renew them at limits and with coverage at least equal to the expiring limits of insurance. If you fail to comply with the above requirements, Coverage A is not invalidated. However, in the event of a loss, we will pay only to the extent that we would have paid had you complied with the above requirements. 2. The first Named Insured shown in the Declarations must give us written notice of any change in the "underlying insurance" as respects: a Coverage; b. Limits of insurance; c. Termination of any coverage; or d. Exhaustion of aggregate limits. 3. If you are unable to recover from any "underlying insurer" because you fail to comply with any term or condition of the "underlying insurance", Coverage A is not invalidated. However, we will pay for any loss only to the extent that we would have paid had you complied with that term or condition in that "underlying insurance". M. OTHER INSURANCE This insurance is excess over any valid and collectible "other insurance" whether such "other insurance" is stated to be primary, contributing, excess, contingent or otherwise. This provision does not apply to a policy bought specifically to apply as excess of this insurance. However, if you specifically agree in a written contract or agreement that the insurance provided to any person or organization that qualifies as an insured under this insurance must apply on a primary basis, or a primary and non- contributory basis, then insurance provided under Coverage A is subject to the following provisions: 1. This insurance will apply before any "other insurance" that is available to such additional insured which covers that person or organization as a n amed insured, and we will not share with that "other insurance", provided that the injury or damage for which coverage is sought is caused by an "event" that takes place or is committed subsequent to the signing o f that contract or agreement by you. 2. This insurance is still excess over any valid and collectible "other insurance", whether primary, excess, contingent or otherwise, which covers that person or organization as an additional insured or as any other insured that does not qualify as a named insured. N. PREMIUM 1. The first Named Insured shown in the Declarations is responsible for the payment of all premiums and will be the payee for any return premiums. 2. If the premium is a flat charge, it is not subject to adjustment except as provided in Paragraph 4. below. 3. If the premium is other than a flat charge, it is an advance premium o nly. The earned premium will be computed at the end of the policy period, or at the end of each year of the policy period if the policy period is two years or longer, at the rate shown in the Declarations, subject to the Minimum Premium. 4. Additional premium may become payable when coverage is provided for additional insureds under the provisions of SECTION II - WHO IS AN INSURED. 0. PREMIUM AUDIT The premium for this policy is the amount stated in Item 5. of the Declarations. The premium is a flat EU 00 01 07 16 ® 2016 The Travelers Indemnity Company. All rights reserved. Page 15 of 23 UMBRELLA charge unless it is specified in the Declarations as adjustable. P. PROHIBITED COVERAGE — UNLICENSED INSURANCE 1. With respect to loss sustained by any insured in a country or jurisdiction in which we are not licensed to provide this insurance, this insurance does not apply to the extent that insuring such loss would violate the laws or regulations of such country or jurisdiction. 2. We do not assume responsibility for: a. The payment of any fine, fee, penalty or other charge that may be imposed on any person or organization in any country or jurisdiction because we are not licensed to provide insurance in such country or jurisdiction; or b. The furnishing of certificates or other evidence of insurance in any country or jurisdiction in which we are not licensed to provide insurance. O. PROHIBITED COVERAGE — TRADE OR ECONOMIC SANCTIONS We will provide coverage for any loss, or otherwise will provide any benefit, only to the extent that providing such coverage or benefit does not expose us or any of our affiliated or parent companies to: 1. Any trade or economic sanction under any law or regulation of the United States of America; or 2. Any other applicable trade or economic sanction, prohibition or restriction. R. REPRESENTATIONS By accepting this insurance, you agree: 1. The statements in the Declarations and any subsequent notice relating to "underlying insurance" are accurate and complete; 2. Those statements are based upon representations you made to us; and 3. We have issued this insurance in reliance upon your representations. S. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured shown in the Declarations, this insurance applies: 1. As If each Named Insured were the only Named Insured; and 2. Separately to each insured against whom claim is made or "suit" is brought. T. WAIVER OR TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US 1. If the insured has rights to recover all or part of any payment we have made under this insurance, those rights are transferred to us and the insured must do nothing after loss to impair them. At our request, the insured will bring suit or transfer those rights to us and help us, and with respect to Coverage A, the "underlying insurer", enforce them. If the insured has agreed in a contract or agreement to waive that insured's right of recovery against any person or organization, we waive our right of recovery against that person or organization, but only for payments we make because of an "event" that takes place or is committed subsequent to the execution of that contract or agreement by such insured. 2. Reimbursement of any amount recovered will be made in the following order: a. First, to any person or organization (including us or the Insured) who has paid any amount in excess of the applicable limit of insurance; h. Next, to us; and c. Then, to any person or organization (including the insured and with respect to Coverage A, the "underlying insurer") that is entitled to claim the remainder, if any. 3. Expenses incurred in the process of recovery will be divided among all persons or organizations receiving amounts recovered according to the ratio of their respective recoveries. U. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS INSURANCE 1. Your rights and duties under this insurance may not be transferred without our written consent except in the case of death of an individual Named Insured. 2. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your r ghts and duties but only with respect to that property. Page 16 of 23 aa 2016 The Travelers Indemnity Company. All nghls reserved. EU 00 01 07 16 N N • 0 UMBRELLA r i N 0 * 3C00241M11428 VERSIONI MIME UMW ISMEE ifMEE nen 111 UWE V. UNINTENTIONAL OMISSION OR ERROR The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy will not prejudice your rights under this insurance. However, this provision does not affect o ur right to collect additional premium o r to exercise our rights of cancellation o r nonrenewal in accordance with applicable insurance laws or regulations. W. WHEN LOSS IS PAYABLE If we are liable under this insurance, we will pay for injury, damage or loss after: 1. The insured's liability is established by: a. A court decision; or b. A written agreement between the claimant, the insured, any "underlying insurer" and us; and 2. The amount of the "applicable underlying limit" or "self -insured retention" is paid by or on behalf of the insured. SECTION VI - DEFINITIONS A. With respect to all coverages of this insurance: 1. "Applicable underlying limit" means the sum of. The applicable limit of insurance stated for the policies of "underlying insurance" in the Schedule Of Underlying Insurance subject to the provisions in Paragraphs 4.a111, (2) and 13) of COVERAGE A - EXCESS FOLLOW - FORM LIABILITY of SECTION I - COVERAGES; and b. The applicable limit of insurance of any "other insurance" that applies. The limits of insurance in any policy of "underlying insurance" will apply even if: The "underlying insurer" claims the insured failed to comply with any term or condition of the policy; or b. The "underlying insurer" becomes bankrupt or insolvent. 2. "Auto hazard" means all "bodily injury" and "property damage" to which liability insurance afforded under an auto policy of "underlying insurance" would apply but for the exhaustion of its applicable limits of insurance. 3. "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 4. "Event" means an "occurrence", offense, accident, act, error, omission, wrongful act or loss. 5. "Extended reporting period" means any period of time, starting with the end of the policy period of your claims -made insurance, during which claims or "suits" may be first made, brought or reported for that insurance. 6. "Medical expenses" means expenses to which any Medical Payments section of any policy of Commercial General Liability "underlying insurance" applies. 7. "Other insurance" means insurance, or the funding of losses, that is provided by, through or on behalf of: a. Another insurance company; b. Us or any of our affiliated insurance companies; c. Any risk retention group; d. Any self-insurance method or program, in which case the insured will be deemed to be the provider o f such insurance; or e. Any similar risk transfer or risk management method. "Other insurance" does not include: a Any "underlying insurance"; or b. Any policy of insurance specifically purchased to be excess of the limits of insurance o f this policy shown in the Declarations. B. "Products -completed operations hazard": a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: EU 00 01 07 16 ® 2016 The Travelers Indemnity Company. All rights reserved. Page 17 of 23 UMBRELLA When all the work called for in your contract has been completed; When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or When that part of the work done at a job site has been put to its intended use by any person or organization other than another con- tractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" o r "property damage" arising out o f: (1) (a) (b) (c) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification listed in a policy of Commercial General Liability "underlying insurance" states that products - completed operations are subject to the General Aggregate Limit. 9. "Suit" means a civil proceeding which alleges damages. "Suit" includes: a. An arbitration proceeding in which damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding to which the insured submits with our consent. 10. "Underlying insurance": a. Means the policy or policies of insurance listed in the Schedule Of Underlying Insurance. b. Includes any renewal or replace- ment of such policies if such renewal or replacement is during the policy period of this Excess Follow -Form And Umbrella B. Liability Insurance. c. Does not include any part of the policy period of any of the policies described in Paragraphs a. or b. above that began before, or that continues after, the policy period of this Excess Follow -Form And Umbrella Liability Insurance. 11."Underlying insurer" means any insurer which provides a policy of insurance listed in the Schedule Of Underlying Insurance. With respect to Coverage B and, to the extent that the following terms are not defined in the "underlying insurance", to Coverage A: 1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purposes of this definition: a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. "Advertising injury": a. Means injury, other than "personal injury", caused by one or more of the following offenses: (1) Oral or written publication, including publication by e lectronic means, of material in your "advertisement" that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; (2) Oral or written publication, including publication by e lectronic means, of material in your "advertisement" that: (a) (b) Appropriates a person's name, voice, photograph or likeness; or Unreasonably places a person in a false light; or Page 18 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 • 0 UMBRELLA • 0 8 000 T : 001 m in co * 3 C 0 0 2 41 EMMA cco MEM ammo OREM MEM (3) Infringement of copyright, "title" or "slogan" in your "advertisement", provided that the claim is made or the "suit" is brought by a person or organizat'on that claims owner- ship of such copyright, "title" or "slogan". b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above. 3. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However, "auto" does not include "mobile equipment". 4. "Bodily Injury" means: a. Physical harm, including sickness or disease, sustained by a person; or b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease. 5. "Broadcasting" means transmitting any audio or visual material for any purpose: a. By radio or television; or b. In, by or with any other electronic means of communication, such as the Internet, if that material is part of: (1) Radio or television programming being transmitted; (2) Other entertainment, educat- ional, instructional, music or news programming being trans- mitted; or (3) Advertising transmitted with any such programming. 6. "Consumer financial identity information" means any of the following information for a person that is used or collected for the purpose of serving as a factor in establishing such person's eligibility for personal credit, insurance or employment or for the purpose of conducting a business transaction: a. Part or all of the account number, the expiration date or the balance EU 00 01 07 16 ® 2016 The Travelers Indemnity Company of any credit, debit, bank or other financial account; b. Information bearing on a person's credit worthiness, credit standing or credit capacity; c. Social security number; d. Driver's license number; or e. Birth date. 7. "Consumer financial protection law" means: a. The Fair Credit Reporting Act (FCRA) and any of its amendments, including the Fair and Accurate Credit Transactions Act (FACTA); b. California's Song -Beverly Credit Card Act and any of its amendments; or C. Any other law or regulation that restricts or prohibits the collection, dissemination, trans- mission, distribution or use of "consumer financial identity information". 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Good Samaritan services" means any emergency medical services for which no compensation is demanded o r received. 10. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work" or your fulfilling the terms of the contract or agreement. 11. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 12. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, All rights reserved. Page 19 of 23 UMBRELLA watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 13. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads. b. Vehicles maintained for use solely on or next to premises you own or rent. c. Vehicles that travel on crawler treads. d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers. e. Vehicles not described in Paragraph a, b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in Paragraph a, b, c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (C) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law, or other motor vehicle insurance law, where it Is licensed or principally garaged. Such land vehicles are considered "autos". 14. "Occurrence" means: a With respect to "bodily injury" or 'property damage": (1) An accident, including contin- uous or repeated exposure to substantially the same general harmful conditions which results in "bodily njury" or "property damage". All "bodily injury" or "property damage" caused by such exposure to substantially the same general harmful conditions will be deemed to be caused by one "occurrence"; or (2) An act or omission committed in providing or failing to provide first aid or "Good Samaritan services" to a person by any of your "employees" or "volunteer workers" other than an employed or volunteer doctor, unless you are in the business or occupation of providing professional health care services; b. With respect to "personal injury", an offense arising out of your business that results in "personal injury". All "personal injury" caused by the same or related injurious material, act or offense will be deemed to be caused by one "occurrence", regardless of the frequency or repetition thereof, the number and kind of media used or the number of persons or organizations making claims or bringing "suits"; and Page 20 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 N • 0 UMBRELLA 0 0 0 0 8 0 « 3 C 0 0 2 411411428 3535 imataw MIME MISS c. With respect to "advertising injury", an offense committed in the course of advertising your goods, products and services that results in "advertising injury". All "advertising injury" caused by the same or related injurious material, act or offense will be deemed to be caused by one "occurrence", regardless of the frequency or repetition thereof, the number and kind of media used or the number o f persons or organizations making claims or bringing "suits". 15. "Officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document. 16. "Personal injury": a. Means injury, other than "advertising injury", caused by one or more of the following o ffenses: (1) False arrest, detention imprisonment; (2) Malicious prosecution; (3) The wrongful eviction from, wrongful entry into, or invasion of the right of private o ccupancy of a room, dwelling o r premises that a person o ccupies, provided that the wrongful eviction, wrongful e ntry or invasion of the right of private occupancy is committed by or on behalf of the owner, landlord or lessor of that room, dwelling or premises; (4) Oral or written publication, including publication by e lectronic means, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services, provided that the claim is made or the "suit" is brought by a person or organization that claims to have been slandered or libeled, or that claims to have had its goods, products or services disparaged; or (5) Oral or written publication, including publication by e lectronic means, of material that: (a) Appropriates a person's name, voice, photograph or likeness; or (b) Unreasonably places a person in a false light. b. Includes "bodily injury" caused by one or more of the offenses described in Paragraph a. above. 17. "Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 18. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use wil be deemed to occur at the t me of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use wil be deemed to occur at the fine of the "occurrence" that caused it. or For the purposes of th's insurance, "electronic data" is not tangible property. 19. "Self -insured retention" is the greater of: a. The amount shown in the Declarations which the insured must first pay under Coverage B for damages because of all "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of any one "occurrence"; or b. The applicable limit of insurance of any "other insurance" that applies. 20. "Slogan": a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. Does not include a phrase used as, or in, the name of: (1) Any person or organization other than you; or (2) Any business, or any of the premises, goods, products, services or work, of any person or organization other than you. 21. Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 22. "Title" means the name of a literary or artistic work. EU 00 01 07 16 0 2016 The Travelers Indemnity Company All rights reserved. Page 21 of 23 UMBRELLA 23. "Unsolicited communication" means C. any communication, in any form, that the recipient of such communication did not specifically request to receive. 24. "Volunteer worker" means a person who is not your "employee", and who donates his or her work and acts at the direction of and within the scope of duties determined by you, and is not paid a fee, salary or other compensation by you or anyone else for their work performed by you. 25. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (C) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, dura- bility, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 26. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. With respect to Coverage C: 1. "Crisis management advisor" means any public relations firm or crisis management firm approved by us that is hired by you to perform "crisis management services" in connection with a "crisis management event". 2. "Crisis management event" means an "event" or "occurrence" that your "executive officer" reasonably determines has resulted, or may result, in: a. Damages covered by this Coverage A or Coverage 6 that are in excess of the total applicable limits of the "under- lying insurance" or "self -insured retention"; and b. Significant adverse regional or national media coverage. 3. "Crisis management service expenses" means amounts incurred by you, after a "crisis management event" first commences and before such event ends: a. For the reasonable and necessary: (1) Fees and expenses of a "crisis management advisor" in the performance for you of "crisis management services" solely for a "crisis management event"; and (2) Costs for printing, advertising, mailing of materials or travel by your directors, officers, employees or agents or a "crisis management advisor" solely for a "crisis manage- ment event"; and b. For the following expenses resulting from such "crisis management event", provided that such expenses have been approved by us: (1) Medical expenses; (2) Funeral expenses; (3) Psychological counseling; (4) Travel expenses; (5) Temporary living expenses; (6) Expenses to secure the scene of a "crisis management event"; or (7) Any other expenses pre - approved by us. Page 22 of 23 0 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 07 16 UMBRELLA 0 10 0 m m el N a a 0 0 0 M EOM allellaage OHM magramai MEIN fl 4. "Crisis management services" means those services performed by a "crisis management advisor" in advising you or minimizing potential harm to you from a "crisis management event" by maintaining or restoring public confidence in you. 5. "Executive officer" means your: a. b. c. Chief Executive Officer; Chief Operating Officer; Chief Financial Officer; d. President; e. General Counsel; f. General partner (if you are a partnership); or Sole proprietor (if you are a sole proprietorship); or any person acting in the same capacity as any individual listed above. g. EU 00 01 07 16 © 2016 The Travelers Indemnity Company. All rights reserved. Page 23 of 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SECTION 00 6125 CERTIFICATE OF INSURANCE END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 00 61 25 - 1 CERTIFICATE OF INSURANCE Page 1 of 1 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: R23/2021 STANDARD GHNERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology.......................................................................................................... 1 1.01 Defined Terms..............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2 — Preliminary Matters......................................................................................................................... 7 2.01 Copies of Documents................................................................................................................7 2.02 Commencement of Contract Time; Notice to Proceed................................................................ 7 2.03 Starting the Work.......................................................................................................................... 8 2.04 Before Starting Construction........................................................................................................ 8 2.05 Preconstruction Conference.......................................................................................................... 8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards.................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................ 11 Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points........................................................................................................... 11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points........................................................................................................................ 14 4.06 Hazardous Environmental Condition at Site.............................................................................. 14 Article 5 — Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers................................................................................................... 16 5.02 Performance, Payment, and Maintenance Bonds....................................................................... 16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace........................................................... 19 Article 6 — Contractor's Responsibilities.......................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORT}[ STANDARD CONSTRUCTION SPECIF [CATION DOCUMENTS Revision: 8232021 6.02 Labor; Working Hours................................................................................................................20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and "Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others.................................................................... 24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas .......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Ptograms.............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7 - Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8 - City's Responsibilities ...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders .............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9 - City's Observation Status During Construction........................................................................... 37 9.01 City's Project Manager 37 9.02 Visits to Ste ................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work 38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23/2721 Article 10 -Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................41 11.01 Cost of the Work41 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 - 13.01 13.02 13.03 13.04 13.05 13.06 13.07 13.08 13.09 Tests and Inspections; Correction, Removal Notice of Defects ........................................ Access to Work ........................................... Tests and Inspections .................................. Uncovering Work ........................................ City May Stop the Work ............................. Correction or Removal of Defective Work. Correction Period ........................................ Acceptance of Defective Work ................... City May Correct Defective Work .............. or Acceptance of Defective Work 48 48 48 48 49 49 50 50 51 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 Inspection55 14.06 Final Acceptance......................................................................................................................... 55 14.07 Final Payment.............................................................................................................................. 56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................ 57 Article 15 - Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause................................................................................................... 58 15.03 City May Terminate For Convenience.......................................................................................60 Article16 -Dispute Resolution...................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS Revision: 8/23/2021 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation ofTimes................................................................................................................62 17.03 Cumulative Remedies 62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONST RUCTION SPECIF[CATION DOCUMENTS Revision: 823/2721 007200-I GENERAL CONDITIONS Page I of 63 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initia l capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award— Authorization by the City Council for the City to enter into an Agreement. 6. Bid --The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder The individual or entity who submits a Bid directly to City. 8. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day— A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Calendar Day —A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823202I 007200-I GENERAL CONDITION S Page 2 of 63 12. Change Order A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 14. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. Contract Claim —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 18. Contract --The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19. Contract Documents Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21. Contract 7irne The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22. Contractor The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT NORTH STANDARD CONST RUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDITION S Page 3 of 63 24. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 26. Director of Aviation The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 27. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Drawings --That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 32. Effective Date of the Agreement The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 33. Engineer --The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 34. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 35. Field Order —A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 36. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONS'I' RUCTION SPECIFICATION DOCUMENTS Revision: 8/23/2021 007200-I GENERAL CONDITIONS Page 4 of 63 37. Final Inspection Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 38. General Requirements Sections of Division 1 of the Contract Documents. 39. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 40. Hazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 41. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 42. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. Major Item— An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 44. Milestone A principal event specified in the Contract Documents relating to an intermediate Contract Time piior to Final Acceptance of the Work. 45. Notice of Award The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 46. Notice to Proceed A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 47. PCBs Polychlorinated biphenyls. 48. Petroleum --Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 49. Plans See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS Revision: 823/2021 007200-I GENERAL CONDITIONS Page 5 of 63 50. Project Schedule A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 51. Project The Work to be performed under the Contract Documents. 52. Project Manager The authorized representative of the City who will be assigned to the Site. 53. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 54. Radioactive Material Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 55. Regular WorkingHours —Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 56. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 57. Schedule of Submittals A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 58. Schedule of 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. 59. Site Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 60. Specifications That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 61. Subcontractor --An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-1 GENERAL CONDITIONS Page 6of63 62. Submittals --All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 63. Substantial Completion — The stage in the progress of the Project when the Work is sufficiently complete in accordance with the Contract Documents for Final Inspection. 64. Successful Bidder The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary 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 Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/2021 007200-1 GENERAL CONDIT ION S Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given no earlier than 14 days after the Effective Date of the Agreement, unless agreed to by both parties in writing. CITY OF FORT WORTH STANDARDCONS'TRUCT ION SPECIFICATION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDIT IONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance ofSchedules 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 CONST RUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDITION S Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor 'sReview ofContract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (e) 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 SPECIE [CATION DOCUMENTS Revision: 823/202I 007200-1 GENERAL CONDITION S Page 10 of63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Docznnents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Docmnenis A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARDCONSTRUCT ION SPECIFICATION DOCUMENTS Revision: 823/2021 007200-1 GENERAL CONDITIONS Page I I of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's on-line electronic document management and collaboration system site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 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 Docutents 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: 823202I 007200-1 GENERAL CONDITIONS Page 12 of63 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 Subsurftwe 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 DifferingSubsurfcrce or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARDCONSTRUCT EON SPECIFICATION DOCUMENTS Revision: 823/2021 007200-I GENERAL CONDITION S Page 13 of63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data finished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONST RUCTION SPECIFICATION DOCUMENTS Revision: 823/2021 007200-I GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of' the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's Judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: I. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: W232021 007200-1 GENERAL CONDITION S Page 15 of63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laos 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 Contactoror by anyonefarwhom 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 individuals or entity's ou n 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 CONST RUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-1 GENERAL CONDITION S Page 16of63 ARTICLE 5 — BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (other evidence of insurance requested by City or any other additional insured) in at least the minimum amount as specified in the Supplementary Conditions which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CrI'Y OF FORT WORTH STANDARD CONST RUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDITION S Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORM STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/2021 007200-1 GENERAL CONDITION 5 Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: I. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARDCONSTRUCT ION SPECIFICATION DOCUMENTS Revision: 823E2021 00 72 00 -1 GENERAL CONDITION S Page 19 of63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which ale normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance ofBonds 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 CONSTRUCT ION SPECIFICATION DOCUMENTS Revision: 8/23/2021 007200-I GENERAL CONDITION S Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARDCONSTRUCT ION SPECIE [CATION DOCUMENTS Revision: 823/172I 007200-I GENERAL CONDITION S Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of'bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal "Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS Revision: 823/202I 007200-I GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: I) 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. Szrbstrtute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCT ION SPECIE [CATION DOCUMENTS Revision: 823 l2I 007200-1 GENERAL CONDIT ION S Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submitta for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by themfronz and against any and czll claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor 's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8233/2021 007200-I GENERAL CONDIT IONS Page 24 of 63 G. City Substitute Echlin tmsement:Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to tine require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823202I 007200-I GENERAL CONDITION S Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duly to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 3lst day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initia 1 determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the l lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnifr and hold harmless City, from and against all claims, costs, losses, and damages (inclduding 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 resultingfrom CITY OF FORT WORTH STANDARD CONSTRUCT ION SPECIE [CATION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDITION S Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtainedpermits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A, Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/232021 00 72 00 -1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organisation which qualifies for exemption pursuant to Texas Tax Code, Subchaptei H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additiona 1 area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision. 8232021 I 007200-I GENERAL CONDITION S Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.2I, Contractor shall indemnifyand hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. FinalSite Cleaning.: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not Toad nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8123/2021 007200-I GENERAL CONDITION S Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: I. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened datnage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARDCONSTRUCT ION SPECIF [CATION DOCUMENTS Revision: 823 21 007200-1 GENERAL CONDIT IONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CrrY OF FORT WORTH STANDARD CONST RUCTION SPECIFICATION DOCUMENTS Revision: W232021 007200-I GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall cany on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/2021 007200-I GENERAL. CONDITION S Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall retnedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of or alleged to arise out of, the work and services to be performed by the Contractor, its officers agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPFCIFTCAT IX INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLFCED OR PROVEN THAT ALI, OR SOME OF THE, DAMAGES BEING SOTJGHT WIRE CAUSED IN WHOT E 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 fo indernniIand hold harmless, at its owu expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of or alleged to arise out of, the work and services to be performed by the Contractor, its officers agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONST RUCTION SPECIFICATION DOCUMENTS Revision: 8232021 00 72 00 -1 GENERAL CONDITION S Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE. EVEN IF IT IS f1T LFGED OR PROVEN THAT AI'. OR SOME OF THE DAMAGES BEING SOUGHT WIRE. CAUSED. IN WHO' E OR IN PART BY ANY ACT OMISSION OR NEGI IGENCF OF THE CITY 6.22 Delegation of Pi ofessional 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 carryout Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDITION S Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONST RUCTION SPECIFICATION DOCUMENTS Revision: 823/2021 007200-I GENERAL CONDITION S Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities atnong the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifyh-g and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF IC1T10 N DOCUMENTS Revision: 8232021 007200-I GENERAL CONDIT ION S Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City 'sProject Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is identified in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCT ION SPECIF (CATION DOCUMENTS Revision: 823202I 007200-I GENERAL CONDITION S Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Per formed Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements ofContr•actDocuments and Acceptability ofWork A. City will be the initial interpreter of the requirements of' the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARDCONST RUCTION SPECIE (CATION DOCUMENTS Revision: 823t2021 00 72 00 -1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution ofChange Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIE IC.ITION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDIT ION S Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional tithe). C. City'sAction: 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: W23/202I 007200-1 GENERAL CONDITION S Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.O1.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 1 I.01.B, 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, w'thout limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/2021 007200-1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CI"I' Y OF FORT WORTH STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS Revision: 823/1021 0072 00 -1 GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.OI.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.0I.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.O1.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARDCONSTRUCT[ON SPECIFICATION DOCUMENTS Revision: W23/1021 00 72 00 -1 GENERAL CONDITION S Page 44 of 63 a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. ContingencyAllowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each un t price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONST RUCTION SPECIFICATION DOCUMENTS Revision: 823202I 007200-1 GENERAL CONDIT IONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans QuantityMeasurement 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 correctanerror 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 Itemm, 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 WORTTn STANDARDCONSTRUCT ION SPECIFICATION DOCUMENTS Revision: W23/1021 007200-i GENERAL CONDITION S Page 46 of 63 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change ofContractPrice A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.O1.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONST RUCT ION SPECIE !CATION DOCUMENTS Revision: 823/2021 007200-I GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and II.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change ofConb act Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8232021 00 72 00 -1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.0E Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observafon, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and piograms so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDITION S Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all clauns, 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 ContractTime, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARDCONST RUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDITION S Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May CorrectDefective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: R23202I 007200-1 GENERAL CONDITION S Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: I. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as described in subsection C. unless otherwise stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contactor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor; or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective or completed Work has been damaged by the Contractor or subcontractors requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-I GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: I. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement will be assessed against the monies due the Contractor, not as a penalty, but as damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons foi such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARDCONSTRUCT ION SPECIFICATION DOCUMENTS Revision: 82312C21 007200-I GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any part of the Work which has specifically been identified in the Contract Documents, or which City determines constitutes a separately functioning and usable part of the Work that can be used for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Jnspecdon A. Upon written notice from Contractor that the entire Work is Substantially 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 ("Punch List Items"). 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 to the City of Substantial Completion and the date of Final Inspection. 1. 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. 2. Should the City concur that Substantial Completion has been achieved with the exception of any Punch List Items, Contract Time will resume for the duration it takes for Contractor to achieve Final Acceptance. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS Revision: 8 32021 007200-I GENERAL CONDIT IONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS Revision: 82230021 007200-1 GENERAL COND IT ION S Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS Revision: 8232021 00 72 00 -1 GENERAL CONDITION S Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8232021 0072 00 -1 GENERAL CONDITION S Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/2021 007200-I GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS Revision: F23202I 007200-I GENERAL CONDIT ION S Page 61 or63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. P. In such case, Contractor shall be paid for (without duplication of any items): I. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedw es A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONST RUCTION SPECIFICATION DOCUMENTS Revision: 823/2021 007200-I GENERAL CONDITION S Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 —MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 ComputationofTimes When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCT ION SPEC]F [CATION DOCUMENTS Revision: 81232021 007200-I GENERAL CONDITIONS Page 63 of 63 17.04 Survival ofObligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARDCONSST RUCTION SPECIFICATION DOCUMENTS Revision: 8/23/2021 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions 00 73 00 SUPPLEMENTARY CONDITIONS Page 1 of 5 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in fill force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.0313.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of December 9, 2022 Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER NUMBER TARGET DATE 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project no. 104346 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 5 SC-4.OIA.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of December 9, 2022 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADIUS I MLNT None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not hind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: None The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: None SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear including their respective officers, directors, agents and employees. (1) City (2) Consultant: None (3) Other: None SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employers Inability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project no. 104346 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 5 SC-5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment —Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks None The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: $Confirm Limits with Railroad (2) Each Occurrence: $Confirm Limits with Railroad Required for this Contract X Not required for this Contract CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project no. 104346 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 5 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. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of -way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at - grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier I for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: GC-6.07 2013 Prevailing Wage Rates (Heavy & highway Construction Projects) A copy of the table is also available by accessing the City's website at: https://apps.fortworthtexas.gov/ProjectResourees/ You can access the file by following the directory path: 02-Construction Documents/Specifications/Div00 — General Conditions SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: None CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project no. 104346 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 5 SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: None SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of December 9, 2022 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-7.02., "Coordinatio" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authority None SC-8.01, "Communications to Contractor" None SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is J. Chris Underwood, or his/her successor pursuant to written notification from the Director of Water Department. SC-13.03C., "Tests and Inspections" None SC-16.01C.1, "Methods and Procedures" None END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1/22/2016 F. Griffin SC-9.01., Manager. "City's Project Representative" wording changed to City's Project 3/9/2020 D.V. Magana SC-6.07, Updated the link such that files can be accessed via the City's website. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project no. 104346 2 SECTION 01 11 00 SUMMARY OF WORK 3 PART1- GENERAL 01 11 00 - 1 SUMMARY OF WORK Page 1 of 3 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 I. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 - General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights -of -way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. crr. OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 011100-2 SUMMARY OF WORK Page 2 of 3 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights -of -way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 011100-3 SUMMARY OF WORK Page 3 of3 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - 10 PART 3 - 11 12 13 PRODUCTS [NOT USED] EXECUTION [NOT USED] END OF SECTION Revision Log NAME SUMMARY OF CHANGE DATE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 3 PARTI- GENERAL SECTION 01 25 00 SUBSTITUTION PROCEDURES 01 25 00 - 1 SUBSTITUTION PROCEDURES Page 1 of 4 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or -equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 I. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1 — General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. 22 No separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution - General 26 I. Within 30 days after award of Contract (unless noted otherwise), the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors, trade names, or 31 catalog numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or -equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or -equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 012500-2 SUBSTITUTION PROCEDURES Page 2 of 4 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 I. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, the resulting cost and/or time reduction 46 will be documented by Change Order in accordance with the General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 3 4 5 6 7 8 9 1.6 10 1.7 11 1.8 12 1.9 01 25 00-3 SUBSTITUTION PROCEDURES Page 3 of 4 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 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] CLOSEOUT SUBMITTALS [NOT USED] MAINTENANCE MATERIAL SUBMITTALS [NOT USED] QUALITY ASSURANCE 13 A. In making request for substitution or in using an approved product, the Contractor 14 represents that the Contractor: 15 1. Has investigated proposed product, and has determined that it is adequate or 16 superior in all respects to that specified, and that it will perform function for which 17 it is intended 18 2. Will provide same guarantee for substitute item as for product specified 19 3. Will coordinate installation of accepted substitution into Work, to include building 20 modifications if necessary, making such changes as may be required for Work to be 21 complete in all respects 22 4. Waives all claims for additional costs related to substitution which subsequently 23 arise 24 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART 2 - 28 PART 3 29 30 31 PRODUCTS [NOT USED] EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 201 1 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 012500-4 SUBSTrrUTION PROCEDURES Page 4 of 4 1 EXHIBIT A 2 REQUEST FOR SUBSTITUTION FORM: 3 4 TO: 5 PROJECT: DATE: 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED ITEM 9 10 11 Proposed Substitution: 12 Reason for Substitution: 13 Include complete information on changes to Drawings and/or Specifications which proposed 14 substitution will require for its proper installation. 15 16 Fill in Blanks Below: 17 A. Will the undersigned contractor pay for changes to the building design, including engineering 18 and detailing costs caused by the requested substitution? 19 20 21 B. What effect does substitution have on other trades? 22 23 24 C. Differences between proposed substitution and specified item? 25 26 27 D. Differences in product cost or product delivery time? 28 29 30 E. Manufacturer's guarantees of the proposed and specified items are: 31 32 Equal Better (explain on attachment) 33 The undersigned states that the function, appearance and quality are equivalent or superior to the 34 specified item. 35 Submitted By: For Use by City 36 37 Signature Recommended Recommended 38 as noted 39 40 Firm Not recommended _Received late 41 Address By 42 Date 43 Date Remarks 44 Telephone 45 46 For Use by City: 47 48 Approved Rejected 49 City Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 3 PART1- GENERAL 4 1.1 SUMMARY SECTION 0131 19 PRECONSTRUCTION MEETING 01 31 19 - 1 PRECONSTRUCTION MEETING Page 1 of3 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 I. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1— General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the execution of the 28 Agreement and before Work is started. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Project Representative 35 b. Contractor's project manager 36 c. Contractor's superintendent CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 31 19- 2 PRECONSTRUCCION MEETING Paget of 1 d. Any subcontractor or supplier representatives whom the Contractor may desire 2 to invite or the City may request 3 e. Other City representatives 4 f. Others as appropriate 5 4. Construction Schedule 6 a. Prepare baseline construction schedule in accordance with Section 01 32 16 and 7 provide at Preconstruction Meeting. 8 b. City will notify Contractor of any schedule changes upon Notice of 9 Preconstruction Meeting. 10 5. Preliminary Agenda may include: 11 a. Introduction of Project Personnel 12 b. General Description of Project 13 c. Status of right-of-way, utility clearances, easements or other pertinent permits 14 d. Contractor's work plan and schedule 15 e. Contract Time 16 f. Notice to Proceed 17 g. Construction Staking 18 h. Progress Payments 19 t. Extra Work and Change Order Procedures 20 3. Field Orders 21 k. Disposal Site Letter for Waste Material 22 I. Insurance Renewals 23 m. Payroll Certification 24 n. Material Certifications and Quality Control Testing 25 o. Public Safety and Convenience 26 p. Documentation of Pre -Construction Conditions 27 q. Weekend Work Notification 28 r. Legal Holidays 29 s. Trench Safety Plans 30 t. Confined Space Entry Standards 31 u. Coordination with the City's representative for operations of existing water 32 systems 33 v. Storm Water Pollution Prevention Plan 34 w. Coordination with other Contractors 35 x. Early Warning System 36 y. Contractor Evaluation 37 z. Special Conditions applicable to the project 38 aa. Damages Claims 39 bb. Submittal Procedures 40 cc. Substitution Procedures 41 dd. Correspondence Routing 42 ee. Record Drawings 43 ff. Temporary construction facilities 44 gg M/WBE or MBE/SBE procedures 45 hh. Final Acceptance 46 it. Final Payment 47 jj. Questions or Comments CITY OF FORT WOR'I'H STANDARD CONSTRUCTION SPECIFICATION DOCU Revised August 17, 2012 NTS SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 31 19 -3 PRECONSTRUCIION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- 10 PART 3 - 11 12 13 PRODUCTS [NOT USED] EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 17, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 3 PART1- GENERAL 4 1.1 SUMMARY 01 32 16 -1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 10 SECTION 01 32 16 CONSTRUCTION SCHEDULE 5 A. Section Includes: 6 1. General requirements for the preparation, submittal, updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification I I 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 D. Purpose 16 The City of Fort Worth (City) is committed to delivering quality, cost-effective 17 infrastructure to its citizens in a timely manner. A key tool to achieve this purpose is a 18 properly structured schedule with accurate updates. 'Phis supports effective monitoring 19 of progress and is input to critical decision making by the project manager throughout 20 the life of the project. Data from the updated project schedule is utilized in status 21 reporting to various levels of the City organization and the citizenry. 22 23 This Document complements the City's Standard Agreement to guide the construction 24 contractor (Contractor) in preparing and submitting acceptable schedules for use by the 25 City in project delivery. The expectation is the performance of the work follows the 26 accepted schedule and adhere to the contractual timeline. 27 28 The Contractor will designate a qualified representative (Project Scheduler) responsible 29 for developing and updating the schedule and preparing status reporting as required by 30 the City. 31 1.2 PRICE AND PAYMENT PROCEDURES 32 A. Measurement and Payment 33 1. Work associated with this Item is considered subsidiary to the various items bid. 34 No separate payment will be allowed for this Item. 35 2. Non-compliance with this specification is grounds for City to withhold payment of 36 the Contractor's invoices until Contractor achieves said compliance. 37 1.3 REFERENCES 38 A. Project Schedules CITY OF FORT WORTH STANDARD CONSTRUCPION SPECIFICATION DOCUMENTS Revised August 13, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 32 16 - 2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 10 I Each project is represented by City's master project schedule that encompasses the 2 entire scope of activities envisioned by the City to properly deliver the work. When the 3 City contracts with a Contractor to perform construction of the Work, the Contractor 4 will develop and maintain a schedule for their scope of work in alignment with the 5 City's standard schedule requirements as defined herein. The data and information of 6 each such schedule will be leveraged and become integral in the master project 7 schedule as deemed appropriate by the City's Project Control Specialist and approved 8 by the City's Project Manager. 9 10 1. Master Project Schedule 11 The master project schedule is a holistic representation of the scheduled activities 12 and milestones for the total project and be Critical Path Method (CPM) based. The 13 City's Project Manager is accountable for oversight of the development and 14 maintaining a master project schedule for each project. When the City contracts for 15 the design and/or construction of the project, the master project schedule will 16 incorporate elements of the Design and Construction schedules as deemed 17 appropriate by the City's Project Control Specialist. The assigned City Project 18 Control Specialist creates and maintains the master project schedule in P6 (City's 19 scheduling software). 20 21 2. Construction Schedule 22 The Contractor is responsible for developing and maintaining a schedule for the 23 scope of the Contractor's contractual requirements. The Contractor will issue an 24 initial schedule for review and acceptance by the City's Project Control Specialist 25 and the City's Project Manager as a baseline schedule for Contractor's scope of 26 work. Contractor will issue current, accurate updates of their schedule (Progress 27 Schedule) to the City at the end of each month throughout the life of their work. 28 B. Schedule Tiers 29 The City has a portfolio of projects that vary widely in size, complexity and content 30 requiring different scheduling to effectively deliver each project. The City uses a 31 "tiered" approach to align the proper schedule with the criteria for each project. The 32 City's Project Manager determines the appropriate schedule tier for each project, and 33 includes that designation and the associated requirements in the Contractor's scope of 34 work. The following is a summary of the "tiers". 35 36 1. Tier 1: Small Size and Short Duration Project (design not required) 37 The City develops and maintains a Master Project Schedule for the project. No 38 schedule submittal is required from Contractor. City's Project Control Specialist 39 acquires any necessary schedule status data or information through discussions with 40 the respective party on an as -needed basis. 41 42 2. Tier 2: Small Size and Short to Medium Duration Project 43 The City develops and maintains a Master Project Schedule for the project. The 44 Contractor identifies "start" and "finish" milestone dates on key elements of their 45 work as agreed with the City's Project Manager at the kickoff of their work effort. 46 The Contractor issues to the City, updates to the "start" and "finish" dates for such 47 milestones at the end of each month throughout the life of their work on the project. 48 49 3. Tier 3: Medium and Large Size and/or Complex Projects Regardless of Duration CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 32 16 - 3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 10 1 The City develops and maintains a Master Project Schedule for the project. The 2 Contractor develops a Baseline Schedule and maintains the schedule of their 3 respective scope of work on the project at a level of detail (generally Level 3) and in 4 alignment with the WBS structure in Section 1.4.11as agreed by the Project 5 Manager. The Contractor issues to the City, updates of their respective schedule 6 (Progress Schedule) at the end of each month throughout the life of their work on the 7 project. 8 C. Schedule Types 9 Project delivery for the City utilizes two types of schedules as noted below. The City 10 develops and maintains a Master Project Schedule as a"baseline" schedule and issue 11 monthly updates to the City Project Manager (end of each month) as a "progress" 12 schedule. The Contractor prepares and submits each schedule type to fulfill their 13 contractual requirements. 14 15 I. Baseline Schedule 16 The Contractor develops and submits to the City, an initial schedule for their scope 17 of work in alignment with this specification. Once reviewed and accepted by the 18 City, it becomes the "Baseline" schedule and is the basis against which all progress 19 is measured. The baseline schedule will be updated when there is a change or 20 addition to the scope of work impacting the duration of the work, and only after 21 receipt ofa duly authorized change order issued by the City. In the event progress is 22 significantly behind schedule, the City's Project Manager may authorize an update 23 to the baseline schedule to facilitate a more practical evaluation of progress. An 24 example ofa Baseline Schedule is provided in Specification 01 32 16.1 25 Construction Project Schedule Baseline Example. 26 27 2. Progress Schedule 28 The Contractor updates their schedule at the end of each month to represent the 29 progress achieved in the work which includes any impact from authorized changes 30 in the work. The updated schedule must accurately reflect the current status of the 31 walk at that point in time and is referred to as the "Progress Schedule". The City's 32 Project Manager and Project Control Specialist reviews and accepts each progress 33 schedule. In the event a progress schedule is deemed not acceptable, the 34 unacceptable issues are identified by the City within 5 working days and the 35 Contractor must provide an acceptable progress schedule within 5 working days 36 after receipt of non -acceptance notification. An example ofa Progress Schedule is 37 provided in Specification 01 32 16.2 Construction Project Schedule Progress 38 Example. 39 D. City Standard Schedule requirements 40 The following is an overview of the methodology for developing and maintaining a 41 schedule for delivery ofa project. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 32 16 -4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 10 I 1. Schedule Framework - The schedule will be based on the defined scope of work 2 and follow the (Critical Path Methodology) CPM method. The Contractor's 3 schedule will align with the requirements of this specification and will be cost 4 loaded to reflect their plan for execution. Compliance with cost loading can be 5 provided with traditional cost loading of line items OR a projected cost per 6 month for the project when the initial schedule is submitted, updated on a 7 quarterly basis is significant change is anticipated. Overall schedule duration 8 will align with the contractual requirements for the respective scope of work and be 9 reflected in City's Master Project Schedule. The Project Number and Name of the 10 Project is required on each schedule and must match the City's project data. 11 12 E. Schedule File Name 13 All schedules submitted to the City for a project will have a file name that begins with 14 the City's project number followed by the name of the project followed by baseline (if 15 a baseline schedule) or theyear anti month (if a progress schedule), as shown below. 16 17 • Baseline Schedule File Name 18 Format: City Project Number Project Name_Baseline 19 Example: 101376_North Montgomery Street HMAC_Baseline 20 21 • Progress Schedule File Name 22 Format: City Project Number_Project Name_YYYY-MM 23 Example: I01376_North Montgomery Street FIMAC_2018_01 24 25 • Project Schedule Progress Narrative File Name 26 Format: City Project Number Project Name_PN_YYYY-MM 27 Example: 101376_North Montgomery Street HMAC_PN_2018_01 28 29 F. Schedule Templates 30 The Contractor will utilize the relevant sections from the City's templates provided in 31 the City's document management system as the basis for creating their respective 32 project schedule. Specifically, the Contractor's schedule will align with the layout of 33 the Construction section. The templates are identified by type of project as noted 34 below. 35 • Arterials 36 • Aviation 37 • Neighborhood Streets 38 • Sidewalks (later) 39 • Quiet Zones (later) 40 • Street Lights (later) 41 • Intersection Improvements (later) 42 • Parks 43 • Storm water 44 • Street Maintenance 45 • Traffic 46 • Water 47 48 G. Schedule Calendar CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 32 16 -5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 10 1 The City's standard calendar for schedule development purposes is based on a 5-day 2 workweek and accounts for the City's eight standard holidays (New Years, Martin 3 Luther King, Memorial, Independence, Labor, Thanksgiving, day after Thanksgiving, 4 Christmas). The Contractor will establish a schedule calendar as part of the schedule 5 development process and provide to the Project Control Specialist as part of the basis 6 for their schedule. Variations between the City's calendar and the Contractor's 7 calendar must be resolved prior to the City's acceptance of their Baseline project 8 schedule. 9 10 H. WBS & Milestone Standards for Schedule Development 11 The scope of work to be accomplished by the Contractor is represented in the schedule 12 in the form of a Work Breakdown Structure (WBS). The WBS is the basis for the 13 development of the schedule activities and shall be imbedded and depicted in the 14 schedule. 15 16 The following is a summary of the standards to be followed in preparing and 17 maintaining a schedule for project delivery. 18 19 1. Contractor is required to utilize the City's WBS structure and respective 20 project type template for "Construction" as shown in Section 1.4.H below. 21 Additional activities may be added to Levels I - 4 to accommodate the needs 22 of the organization executing the work. Specifically the Contractor will add 23 activities under WBS XXXXXX.80.83 "Construction Execution" that 24 delineates the activities associated with the various components of the work. 25 26 2. Contractor is required to adhere to the City's Standard Milestones as shown 27 in Section 1.4.I below. Contractor will include additional milestones 28 representing intermediate deliverables as required to accurately reflect their 29 scope of work. 30 31 I. Schedule Activities 32 Activities are the discrete elements of work that make up the schedule. They will be 33 organized under the umbrella of the WBS. Activity descriptions should adequately 34 describe the activity, and in some cases the extent of the activity. All activities are 35 logically tied with a predecessor and a successor. The only exception to this rule is for 36 "project start" and "project finish" milestones. 37 38 The activity duration is based on the physical amount of work to be performed for the 39 stated activity, with a maximum duration of 20 working days OR a continuous activity 40 in one location. If the work for any one activity exceeds 20 days, break that activity 41 down incretnentally to achieve this duration constraint. Any exception to this requires 42 review and acceptance by the City's Project Control Specialist. 43 44 J. Change Orders 45 When a Change Order is issued by the City, the impact is incorporated into the 46 previously accepted baseline schedule as an update, to clearly show impact to the 47 project timeline. The Contractor submits this updated baseline schedule to the City for CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13,2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 32 16 - 6 CONSTRUCTION PROGRESS SCHEDULE Page 6 of 10 review and acceptance as described in Section 1.5 below. Updated baseline schedules 2 adhere to the following: 3 4 1. Time extensions associated with approved contract modifications are limited to the 5 actual amount of time the project activities are anticipated to be delayed, unless 6 otherwise approved by the Program Manager. 7 8 2. The re-baselined schedule is submitted by the Contractor within ten workdays after 9 the date of receipt of the approved Change Order. 10 1 1 3. The changes in logic or durations approved by the City are used to analyze the impact 12 of the change and is included in the Change Order. The coding for a new activity(s) l3 added to the schedule for the Change Order includes the Change Order number in the 14 Activity ID. Use as many activities as needed to accurately show the work of the l5 Change Order. Revisions to the baseline schedule are not effective until accepted by l6 the City. 17 K. City's Work Breakdown Structure 18 19 WBS Code WBS Name 20 XXXXXX Project Name 21 XXXXXX,30 Design 22 XXXXXX.30.10 Design Contractor Agreement 23 XXXXXX.30.20 Conceptual Design (30%) 24 XXXXXX.30.30 Preliminary Design (60%) 25 XXXXXX.30.40 Final Design 26 XXXXXX.30.50 Environmental 27 XXXXXX.30.60 Permits 28 XXXXXX.30.60.10 Permits - Identification 29 XXXXXX.30.60.20 Permits - Review/Approve 30 XXXXXX,40 ROW & Easements 31 XXXXXX.40.10 ROW Negotiations 32 XXXXXX.40.20 Condemnation 33 XXXXXX,70 Utility Relocation 34 XXXXXX.70.10 Utility Relocation Co-ordination 35 XXXXXX.80 Construction 36 XXXXXX.80.81 Bid and Award 37 XXXXXX.80.83 Construction Execution 38 XXXXXX.80.85 Inspection 39 XXXXXX.80.86 Landscaping 40 XXXXXX.90 Closeout 41 XXXXXX.90.10 Construction Contract Close-out 42 XXXXXX.90.40 Design Contract Closure 43 L. City's Standard Milestones 44 The following milestone activities (i.e., important events on a project that mark critical 45 points in time) are of particular interest to the City and must be reflected in the project 46 schedule for all phases of work. 47 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13,2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 01 32 16 -7 CONSTRUCTION PROGRESS SCHEDULE Page 7 of 10 Activity Name Award Design Agreement Issue Notice to Proceed - Design Engineer Design Kick-off Meeting Submit Conceptual Plans to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3150 Peer Review Meeting/Design Review meeting (technical) 3160 Conduct Design Public Meeting # 1 (required) 3170 Conceptual Design Complete 3220 Submit Preliminary Plans and Specifications to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3250 Conduct Design Public Meeting #2 (required) 3260 Preliminary Design Complete 3310 Submit Final Design to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3330 Conduct Design Public Meeting #3 (if required) 3360 Final Design Complete ROW & Easements 4000 Right of Way Start 4230 Right of Way Complete Utility Relocation 7000 Utilities Start 7120 Utilities Cleared/Complete Construction Bid and Award 8110 Start Advertisement 8150 Conduct Bid Opening 8240 Award Construction Contract Construction Execution 8330 Conduct Construction Public Meeting #4 Pre -Construction 8350 Construction Start 8370 Substantial Completion 8540 Construction Completion 9130 Notice of Completion/Green Sheet 9150 Construction Contract Closed 9420 Design Contract Closed Activity ID Design 3020 3040 3100 3120 39 1.4 SUBMITTALS 40 41 42 43 44 45 46 A. Schedule Submittal & Review The City's Project Manager is responsible for reviews and acceptance of the Contractor's schedule. The City's Project Control Specialist is responsible for ensuring alignment of the Contractor's baseline and progress schedules with the Master Project Schedule as support to the City's Project Manager. The City reviews and accepts or rejects the schedule within ten workdays of Contractor's submittal. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13,2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 32 16 -8 CONSTRUCTION PROGRESS SCHEDULE Page 8 of 10 1 1. Schedule Format 2 The Contractor will submit each schedule in two electronic forms, one in native file 3 format (.xer, .xvrl, .mpx) and the second in a pdf format, in the City's document 4 management system in the location dedicated for this purpose and identified by the 5 Project Manager. In the event the Contractor does not use Primavera P6 or MS 6 Project for scheduling purposes, the schedule information must be submitted in.xls or 7 .xlsv format in compliance with the sample layout (See Specification 01 32 16.1 8 Construction Project Schedule Baseline Example), including activity predecessors, 9 successors and total float. 10 11 2. Initial & Baseline Schedule 12 The Contractor will develop their schedule for their scope of work and submit their 13 initial schedule in electronic form (in the file formats noted above), in the City's 14 document management system in the location dedicated for this purpose at least 5 15 working days prior to Pre Construction Meeting. 16 17 The City's Project Manager and Project Control Specialist review this initial schedule 18 to determine alignment with the City's Master Project Schedule, including format & 19 WBS structure. Following the City's review, feedback is provided to the Contractor 20 for their use in finalizing their initial schedule and issuing (within five workdays) their 21 Baseline Schedule for final review and acceptance by the City. 22 23 3. Progress Schedule 24 The Contractor will update and issue their project schedule (Progress Schedule) by the 25 last day of each month throughout the life of their work on the project. The Progress 26 Schedule is submitted in electronic form as noted above, in the City's document 27 management system in the location dedicated for this purpose. 28 29 The City's Project Control team reviews each Progress Schedule for data and 30 information that support the assessment of the update to the schedule. In the event 31 data or information is missing or incomplete, the Project Controls Specialist 32 communicates directly with the Contractor's scheduler for providing same. The 33 Contractor re -submits the corrected Progress Schedule within 5 workdays, following 34 the submittal process noted above. The City's Project Manager and Project Control 35 Specialist review the Contractor's progress schedule for acceptance and to monitor 36 performance and progress. 37 38 The following list of items are required to ensure proper status information is 39 contained in the Progress Schedule. 40 • Baseline Start date 41 • Baseline Finish Date 42 • % Complete 43 • Float 44 • Activity Logic (dependencies) 45 • Critical Path 46 • Activities added or deleted 47 • Expected Baseline Finish date 48 • Variance to the Baseline Finish Date 49 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 SANITARY SEWER EMERGENCY RESPONSE CON FRtACT 2022 City Project No. 104346 01 32 16 - 9 CONSTRUCTION PROGRESS SCHEDULE Page 9 of 10 B. Monthly Construction Status Report 2 The Contractor submits a written status report (referred to as a progress narrative) at the 3 monthly progress meeting (if monthly meetings are held) or at the end of each month to 4 accompany the Progress Schedule submittal, using the standard format provided in 5 Specification 01 32 16.3 Construction Project Schedule Progress Narrative. The content 6 of the Construction Project Schedule Progress Narrative should be concise and complete 7 to include only changes, delays, and anticipated problems. 8 9 C. Submittal Process 10 • Schedules and Monthly Construction Status Reports are submitted in in the City's 11 document management system in the location dedicated for this purpose. 12 • Once the project has been completed and Final Acceptance has been issued by the 13 City, no further progress schedules or construction status reports are required from 14 the Contractor. 15 1. 16 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 17 1.6 CLOSEOUT SUBMITTALS [NOT USED] 18 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 19 1.8 QUALITY ASSURANCE 20 A. The person preparing and revising the construction Progress Schedule shall be 21 experienced in the preparation of schedules of similar complexity. 22 B. Schedule and supporting documents addressed in this Specification shall be prepared, 23 updated and revised to accurately reflect the performance of the construction. 24 C. Contractor is responsible for the quality of all submittals in this section meeting the 25 standard of care for the construction industry for similar projects. 26 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 27 1.10 FIELD [SITE] CONDITIONS [NOT USED] 28 1.11 WARRANTY [NOT USED] 29 1.12 ATTACHMENTS 30 Spec 01 32 16.1 Construction Project Schedule Baseline Example 31 Spec 01 32 16.2 Construction Project Schedule Progress Example 32 Spec 01 32 16.3 Construction Project Schedule Progress Narrative 33 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August I3, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 013216-10 CONSTRUCTION PROGRESS SCHEDULE Page 10 of 10 1 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION [NOT USED] 4 END OF SECTION 5 6 Revision Log NAME SUMMARY OF CHANGE DATE 8/13/2021 Michael Owen Revised to update specification requirements and eliminate duplicate schedule specifications. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 t 2 SECTION 01 32 33 PRECONSTRUCTION VIDEO 013233-1 PRECONSTRUCTION VIDEO Page 1 of 2 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 I. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division I —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Preconstruction Video 20 1. Produce a preconstruction video of the site/alignment, including all areas in the 21 vicinity of and to be affected by construction. 22 a. Provide digital copy of video upon request by the City. 23 2. Retain a copy of the preconstruction video until the end of the maintenance surety 24 period. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 PART 3 - EXECUTION [NOT USED] 2 END OF SECTION 3 4 013233-2 PRECONSTRUCTION VIDEO Page 2 of 2 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 3 PART 1- GENERAL SECTION 01 33 00 SUBMITTALS 01 33 00 - 1 SUBMITTALS Page 1 of8 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work -related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 33 00-2 SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 11 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission (second resubmission) of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings, product data and samples, including those by 22 subcontractors, prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 I) "By this submittal, I hereby represent that I have determined and verified 33 field measurements, field construction criteria, materials, dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 I. Fold shop drawings larger than 8 %a inches x 11 inches to 8 'A inches x 11 inches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 I) Description of Packet 42 2) Contractor Certification 43 b. List of items / Table of Contents 44 c. Product Data /Shop Drawings/Samples /Calculations 45 E. Submittal Content 46 I. The date of submission and the dates of any previous submissions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 013300-3 SUBMFF1'ALS Page 3 of 8 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of: 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 I I. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom -prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City's Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City's Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing -in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 33 00 - 4 SUBMITTALS Page 4 of 8 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational -range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare -parts listing and printed product warranties 7 12) As applicable to the Work R H. Samples 9 1. As specified in individual Sections, include, but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 I) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/textre/pattern swatches 14 and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 1. Do not start Work requiring a shop drawing, sample or product data nor any material to 19 be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on -site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work, materials, fabrication, and installations in conformance 26 with approved shop drawings, applicable samples, and product data. 27 J. Submittal Distribution 28 I. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City's Buzzsaw site, or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than I hard copy of Shop Drawings 38 returned, Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution (if required in lieu of electronic distribution) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 33 00 - 5 SUBMITTALS Page 5 of 8 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 I) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples, where required, to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors, including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City, except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy, for coordinating the 35 Work with all other associated work and trades, for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings, data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance, the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under 1 of the following codes: 43 a. Code 1 44 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 45 comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 013300-6 SUBMITTALS Page 6 of 8 I) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however, all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 I) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however, all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all comments, omissions and 14 non -conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 Calendar Days of 16 the date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the subtittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor's risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City's 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense, based on the City's or City 33 Representative's then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than I resubmission or any other delay in obtaining City's 37 review of submittals, will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial, at the City's 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor, and will be considered "Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents, then written notice must be 48 provided thereof to the City at least 7 Calendar Days prior to release for 49 manufacture. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 013300-7 SUBMITTALS Page of 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 I. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Use the Request for Information (RFI) form provided by the City. 21 3. Numbering of RFI 22 a. Prefix with "RFI" followed by series number, "-xxx", beginning with "01" and 23 increasing sequentially with each additional transmittal. 24 4. Sufficient information shall be attached to permit a written response without further 25 information. 26 5. The City will log each request and will review the request. 27 a. If review of the project information request indicates that a change to the 28 Contract Documents is required, the City will issue a Field Order or Change 29 Order, as appropriate. 30 1.5 SUBMITTALS [NOT USED] 3I 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 35 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 36 1.11 FIELD [SITE] CONDITIONS [NOT USED] 37 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CON TRACT 2022 City Project No. 104346 1 PART 2- 2 PART3- 3 4 5 013300-8 SUBMITTALS Page 8 of 8 PRODUCTS [NOT USED] EXECUTION [NOT USED] END OF SECTION Revision Log NAME SUMMARY OF CHANGE DATE 12/20/2012 D. Johnson I.4.K.8. Working Days modified to Calendar Days CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 SECTION 01 35 13 2 SPECIAL PROJECT PROCEDURES 3 PART 1- GENERAL 4 1.1 SUMMARY 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 11 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes, but is not Iimited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Use of Explosives, Drop Weight, Etc. 11 e. Water Department Notification 12 f. Public Notification Prior to Beginning Construction 13 g. Coordination with United States Army Corps of Engineers 14 h. Coordination within Railroad permits areas 15 i. Dust Control 16 j. Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. NON-EXCLUSIVE CONTRACT 19 This contract is non-exclusive. During the term of this contract or any renewal 20 hereof, the City reserves the right to advertise and award another contract for 21 like or similar work. If a second contract is awarded, the City further reserves 22 the right to issue work orders under either contract as it deems in its best 23 interest, without recourse. 24 The City also reserves the right to execute additional contracts for emergency 25 work, foregoing the advertising and awarding process, as it deems in its best 26 interest, without recourse. 27 28 2. MOVE IN CHARGES 29 A work order may contain one or more locations. One move -in fee will be paid 30 to the contractor per Work Order issued. Locations for multiple sites per 31 Work Order will be in the same general vicinity, if possible, and if so, only one 32 mobilization charge will be paid. When water and sewer work are required, 33 only the water move -in fee will be paid. At no time will both charges be paid 34 for one specific location. 35 36 37 38 39 40 41 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 35 13 - 2 SPECIAL PROJECT PROCEDURES Page 2 of 11 3. EMERGENCY SITUATION, JOB MOVE -IN 2 The Owner or Engineer shall determine when an emergency situation shall 3 exist. When sewer emergency work is required, the Contractor shall mobilize 4 to the said location within twenty-four (24) hours after given notification from 5 the Inspector and/or Project Manager. The Contractor shall make all 6 necessary arrangements for bypass pumping, setting up barricades, notifying 7 citizens, etc., while waiting for other utilities to be located as directed by the 8 Engineer. The Contractor shall work continuously until the emergency work 9 order has been completed at a time agreed by the Project Manager, Inspector 10 and Contractor. After the emergency work order has been completed, there 11 will be no additional "Job Move -In" charges paid to remobilize back to the 12 previous project location site. 13 14 4. DETERMINATION AND INITIATION OF WORK 15 The Engineer shall determine and designate to the Contractor the Location of 16 the service main requiring replacement by a Work Order together with a 17 sketch for each such replacement, giving the limits, size and nature of work 18 required, The Engineer will notify the Contractor that a Work Order is ready 19 and fax and/o• e-mail the Contractor a copy of the Work Order notification. 20 The Contractor is to provide his fax number and e-mail address to the 21 Engineer at the pre -construction conference. Single o• several Work Orders 22 may be issued at one time. The Contractor shall initiate work on a replacement 23 within seven (7) working days of the date the Work Order is sent to the 24 Contractor, and continue work on the Wo•k Order until it has been 25 completed, not including paving. The Contractor shall furnish and supply 26 sufficient equipment and personnel to complete the Work Order in the amount 27 of time provided for in the Work Order. Should the Contractor fail to start 28 any Wo•k Order within the time specified, he shall add the necessary work 29 crews and equipment to prosecute the work to complete the Work Order o• 30 Wo•k Orders in the time provided. 31 32 5. PAYMENT 33 Because of the unique nature of this contract, Article 14, PAYMENTS TO 34 CONTRACTOR AND COMPLETION of the General Conditions shall be 35 amended and superseded by the following: (Please initial below) 36 Whenever the improvements prescribed by an individual Work Order have 37 been completed, the Contractor shall notify the Engineer. The Engineer or 38 other appropriate official of the Owner will, within a reasonable time, perform 39 the inspections. If such inspection reveals that the improvements are in an 40 acceptable condition and have been completed in accordance with the terms of 41 the Contract Documents and all approved modifications thereof, the Engineer 42 will recommend acceptance of the work under that particular Work Order 43 and recommend payment therefore, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 SANITARY SEWER EMERGENCY RESPONSE CON 112ACT 2022 City Project No. 104346 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of l l I If the Engineer finds that the work has not been completed as required, he 2 shall so advise the Contractor in writing, furnishing him an itemized list of all 3 known items which have not been completed or which or not in an acceptable 4 condition. When the Contractor has corrected all such items, he shall again 5 notify the Engineer that the improvements are ready for inspection, and the 6 Engineer shall proceed as outlined above. 7 Whenever the improvements prescribed by the individual Work Order have 8 been completed and all requirements of the Contract Documents have been 9 fulfilled or the part of the Contractor, an estimate showing the value of the 10 work will be prepared by the Engineer as soon as the necessary measurements, 11 computations and checks can be made. 12 The amount of the estimate will be paid to the Contractor after acceptance by 13 the Water Department Director, provided the Contractor has furnished to the 14 Owner satisfactory evidence of payment as follows: Prior to submission of the 15 estimate for payment, the Contractor shall execute affidavit, as furnished by 16 the City, certifying that all persons, firms, associations, corporations or other 17 organizations furnishing labor and/or materials under that Work Order have 18 been paid in full, that the wage scale established by the City Council in the 19 City of Fort Worth has been paid, and that there are no claims pending for 20 personal injury and/or property damages. 21 The acceptance by the Contractor of the individual payment as aforesaid shall 22 operate as and shall release the Owner from all claims or liabilities under the 23 Contract for anything done or furnished or relating to the work under that 24 Work Order or any act or neglect of said City relating to or connected with the 25 Contract. 26 The making of the payment by the Owner shall not relieve the Contractor of 27 any guarantees or other requirements of the Contract Documents which 28 specifically continue thereafter. 29 30 Bidder's Initials 31 32 6. BID QUANTITIES AND CONTRACT AWARD 33 Bid quantities of the various items in the proposal are for comparison only and 34 may not reflect the actual quantities. There is no limit to which a bid item can 35 be increased or decreased. 36 Contractor shall not be entitled to renegotiation of unit prices regardless of the 37 final measured quantities. To the extent that Articles 10, 11 or 12 conflicts with 38 this provision, this provision controls. No claim will be considered for lost or 39 anticipated profits based upon differences in estimated quantities versus actual 40 quantities. 41 Total quantities given in the bid proposal may not reflect actual quantities; 42 however, they are given for the purpose of bidding and awarding the contract. 43 A contract in the amount of $1,250,000.00 shall be awarded with the final 44 payment based on actual measured quantities and the unit price bid in this 45 proposal. Moreover, there is to be no limit on the variation between the 46 estimated quantities shown and actual quantities performed. 47 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 35 13-4 SPECIAL PROJECT PROCEDURES Page of 11 1 7. LIFE OF CONTRACT 2 It is contemplated that Work Orders will be issued to the Contractor for work 3 to be performed under this Contract for not to exceed 365 calendar days 4 following the date of the Contract nor to exceed the limit of the award price, 5 whichever should occur last. The contractor shall be required to complete any 6 work covered by a Work Order issued prior to that date of termination but 7 will not be required to accept any work order for execution dated after that 8 date of termination. If the cost of the work performed under this Contract is 9 less than the limit of the contract award at the end of the 365 calendar day 10 period, at the City's option and at the Contractor's concurrence, the Project 11 may be extended to the limit of the contract award. 12 13 8. OPTION TO RENEW 14 The time period of this Agreement will be for one calendar year or the 15 expiration of the funding, whichever occurs last. The City reserves the right to 16 renew the contract for up to tvo (2) additional time periods under the same 17 terms, conditions and unit prices. The City shall provide at least sixty (60) 18 days' notice to the Contractor of the City's intent to renew. 19 20 9. LIQUIDATED DAMAGES 21 The Contractor shall pay liquidated damages of four hundred — twenty & 22 00/100 dollars ($420.00) per day per Work Order, for failure to begin a Work 23 Order within the seven (7) working days of the date of the Work Order is sent 24 to the Contractor. Failure to complete project within the stipulated 25 construction time on the Work Order, the Contractor will pay liquidated 26 damages in the amount stipulated in these contract documents. 27 28 10. TRENCH SAFETY SYSTEM DESIGN 29 Because of the unique nature of this contract, the number of trench safety 30 system designs required is not known at the time bids are received. While the 31 Contractor is still bound by the latest version of the U.S. Department of Labor, 32 Occupational Safety and Health Administration Standards, 29 CFR Part 1926, 33 Subpart P-Excavations, it is the City's intention that all costs incurred by the 34 Contractor in acquiring trench safety designs be included in the unit price bid 35 for Job Move In or Mobilization. 36 37 C. Related Specification Sections include, but are not necessarily limited to: 38 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 39 2. Division 1 — General Requirements 40 3. Section 33 12 25 — Connection to Existing Water Mains 41 1.2 PRICE AND PAYMENT PROCEDURES 42 A. Measurement and Payment 43 1. Coordination within Railroad permit areas 44 a. Measurement 45 1) Measurement for this Item will be by lump sum. CITY OF FORT WOWf11 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March IL 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 013513-5 SPECIAL PROJECT PROCEDURES Page ofll 1 b. Payment 2 1) The work performed and materials furnished in accordance with this Item 3 will be paid for at the lump sum price bid for Railroad Coordination. 4 c. The price bid shall include: 5 I) Mobilization 6 2) Inspection 7 3) Safety training 8 4) Additional Insurance 9 5) Insurance Certificates 10 6) Other requirements associated with general coordination with Railroad, It including additional employees required to protect the right-of-way and 12 property of the Railroad from damage arising out of and/or from the 13 construction of the Project. 14 2. Railroad Flagmen 15 a. Measurement 16 1) Measurement for this Item will be per working day. 17 b. Payment 18 I) The work performed and materials furnished in accordance with this Item 19 will be paid for each working day that Railroad Flagmen are present at the 20 Site. 21 c. The price bid shall include: 22 1) Coordination for scheduling flagmen 23 2) Flagmen 24 3) Other requirements associated with Railroad 25 3. All other items 26 a. Work associated with these Items is considered subsidiary to the various Items 27 bid. No separate payment will be allowed for this Item. 28 1.3 REFERENCES 29 A. Reference Standards 30 1. Reference standards cited in this Specification refer to the current reference 31 standard published at the time of the latest revision date logged at the end of this 32 Specification, unless a date is specifically cited. 33 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 34 High Voltage Overhead Lines. 35 1.4 ADMINISTRATIVE REQUIREMENTS 36 A. Coordination with the Texas Department of Transportation 37 1. When work in the right-of-way which is under the jurisdiction of the Texas 38 Department of Transportation (TxDOT): 39 a. Notify the Texas Department of Transportation prior to commencing any work 40 therein in accordance with the provisions of the permit 41 b. All work performed in the TxDOT right-of-way shall be performed in 42 compliance with and subject to approval from the Texas Department of 43 Transportation 44 B. Work near High Voltage Lines 45 1. Regulatory Requirements CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 013513-6 SPECIAL PROJECT PROCEDURES Page 6 of I 1 a. All Work near High Voltage Lines (more than 600 volts measured between 2 conductors or between a conductor and the ground) shall be in accordance with 3 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 4 2. Warning sign 5 a. Provide sign of sufficient size meeting all OSHA requirements. 6 3. Equipment operating within 10 feet of high voltage lines will require the following 7 safety features 8 a. Insulating cage -type of guard about the boom or arm 9 b. Insulator links on the lift hook connections for back hoes or dippers 10 c. Equipment must meet the safety requirements as set forth by OSHA and the l I safety requirements of the owner of the high voltage lines 12 4. Work within 6 feet of high voltage electric lines 13 a. Notification shall be given to: 14 1) The power company (example: ONCOR) 15 a) Maintain an accurate log of all such calls to power company and record 16 action taken in each case. 17 b. Coordination with power company 18 1) After notification coordinate with the power company to: 19 a) Erect temporary mechanical barriers, de -energize the lines, or raise or 20 lower the lines 21 c. No personnel may work within 6 feet of a high voltage line before the above 22 requirements have been met. 23 C. Confined Space Entry Program 24 1. Provide and follow approved Confined Space Entry Program in accordance with 25 OSHA requirements. 26 2. Confined Spaces include: 27 a. Manholes 28 b. All other confined spaces in accordance with OSHA's Permit Required for 29 Confined Spaces 30 D. Use of Explosives, Drop Weight, Etc. 31 1. When Contract Documents permit on the project the following will apply: 32 a. Public Notification 33 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 34 prior to commencing. 35 2) Minimum 24 hour public notification in accordance with Section 01 31 13 36 E. Water Department Coordination 37 1. During the construction of this project, it will be necessary to deactivate, for a 38 period of time, existing lines. The Contractor shall be required to coordinate with 39 the Water Department to determine the best times for deactivating and activating 40 those lines. 41 2. Coordinate any event that will require connecting to or the operation of an existing 42 City water line system with the City's representative. 43 a. Coordination shall be in accordance with Section 33 12 25. 44 b. If needed, obtain a hydrant water meter from the Water Department for use 45 during the life of named project. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 11, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 013513-7 SPECIAL PROJECT PROCEDURES Page 7 of 11 1 c. In the event that a water valve on an existing live system be turned off and on 2 to accommodate the construction of the project is required, coordinate this 3 activity through the appropriate City representative. 4 1) Do not operate water line valves of existing water system. 5 a) Failure to comply will render the Contractor in violation of Texas Penal 6 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 7 will be prosecuted to the full extent of the law. 8 b) In addition, the Contractor will assume all liabilities and 9 responsibilities as a result of these actions. 10 F. Public Notification Prior to Beginning Construction 11 1. Prior to beginning construction on any block in the project, on a block by block 12 basis, prepare and deliver a notice or flyer of the pending construction to the front 13 door of each residence or business that will be impacted by construction. The notice 14 shall be prepared as follows: 15 a. Post notice or flyer and City of Fort Worth Door Hangers, 7 days prior to 16 beginning any construction activity on each block in the project area. 17 1) Prepare flyer on the Contractor's letterhead and include the following 18 information: 19 a) Name of Project 20 b) City Project No (CPN) 21 c) Scope of Project (i.e. type of construction activity) 22 d) Actual construction duration within the block 23 e) Name of the contractor's foreman and phone number 24 f) Name of the City's inspector and phone number 25 g) City's after-hours phone number 26 2) A sample of the `pre -construction notification' flyer is attached as Exhibit 27 A. 28 3) City of Fort Worth Door Hangers will be provided to the Contractor for 29 distribution with their notice. 30 4) Submit schedule showing the construction start and finish time for each 31 block of the project to the inspector. 32 5) Deliver flyer to the City Inspector for review prior to distribution. 33 b. No construction will be allowed to begin on any block until the flyer and door 34 hangers are delivered to all residents of the block. 35 G. Public Notification of Temporary Water Service Interruption during Construction 36 1. In the event it becomes necessary to temporarily shut down water service to 37 residents or businesses during construction, prepare and deliver a notice or flyer of 38 the pending interruption to the front door of each affected resident. 39 2. Prepared notice as follows: 40 a. The notification or flyer shall be posted 24 hours prior to the temporary 41 interruption. 42 b. Prepare flyer on the contractor's letterhead and include the following 43 information: 44 1) Name of the project 45 2) City Project Number 46 3) Date of the interruption of service 47 4) Period the interruption will take place 48 5) Name of the contractor's foreman and phone number CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March l 1, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 013513-8 SPECIAL PROJECT PROCEDURES Page ofll 6) Name of the City's inspector and phone number 2 c. A sample of the temporary water service interruption notification is attached as 3 Exhibit B. 4 d. Deliver a copy of the temporary interruption notification to the City inspector 5 for review prior to being distributed. 6 e. No interruption of water service can occur until the flyer has been delivered to 7 all affected residents and businesses. 8 f. Electronic versions of the sample flyers can be obtained from the Project 9 Construction Inspector. 10 H. Coordination with United States Army Corps of Engineers (USACE) 11 1. At locations in the Project where construction activities occur in areas where 12 USACE permits are required, meet all requirements set forth in each designated 13 permit. 14 1. Coordination within Railroad Permit Areas 15 1. At locations in the project where construction activities occur in areas where 16 railroad permits are required, meet all requirements set forth in each designated 17 railroad permit. This includes, but is not limited to, provisions for: 18 a. Flagmen 19 b. Inspectors 20 c. Safety training 21 d. Additional insurance 22 e. Insurance certificates 23 f. Other employees required to protect the right-of-way and property of the 24 Railroad Company from damage arising out of and/or from the construction of 25 the project. Proper utility clearance procedures shall be used in accordance 26 with the permit guidelines. 27 2. Obtain any supplemental information needed to comply with the railroad's 28 requirements. 29 3. Railroad Flagmen 30 a. Submit receipts to City for verification of working days that railroad flagmen 31 were present on Site. 32 J. Dust Control 33 1. Use acceptable measures to control dust at the Site. 34 a. If water is used to control dust, capture and properly dispose of waste water. 35 b. If wet saw cutting is performed, capture and properly dispose of slurry. 36 K. Employee Parking 37 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 1 I, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 013513-9 SPECIAL PROJECT PROCEDURES Page 9 of 11 I 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART2- 10 PART 3 - I1 12 13 PRODUCTS [NOT USED] EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.4.B — Added requirement of compliance Safety, Subtitle A. Public Safety, Chapter 1.4.E — Added Contractor responsibility with Health 752. Iligh for obtaining and Safety Code, Title 9. Voltage Overhead Lines. a TCEQ Air Permit 3/11/2022 M Owen Remove references to Air Pollution watch Days and NCTCOG Clean construction Specification requirements. Clarify need for Door Hangers under in addition to contractor notification of public. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 1 I, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 35 13 - 10 SPECIAL PROJECT PROCEDURES Page 10 of 11 1 EXHIBIT A 2 (To be printed on Contractor's Letterhead) 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: 10 Mapsco Location: 11 Limits of Construction: 12 13 14 CHSINCTIN 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 36 37 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 1I, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 3 4 Date: EXHIBIT B FORT WORTH. DOE NO. XXXX Project Nerve: 01 35 13 - 11 SPECIAL PROJECT PROCEDURES Page 11 of II NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT -OUT, PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March I I, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 45 23 TESTING AND INSPECTION SERVICES Page I of2 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PARTI- GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 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 I. 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 I. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City's docutnent management system, or another external FTP site approved by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 SANITARY SEWER EMERGENCY] RESPONSE CONTRACT 2022 City Project No. 104346 01 45 23 TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) I copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) l) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection I. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 3/9/2020 D.V. Magma... Removed reference to t3uzzsaw and noted that electronic submittals be uploaded through the City's document management system. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 SANITARY SEWER EMERGENCY] RESPONSE CONTRACT 2022 City Project No. 104346 1 2 01 50 00 - 1 TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provide temporary facilities and controls needed for the Work including, but not 7 necessarily limited to: 8 a. 'Temporary utilities 9 b. Sanitary facilities 10 c. Storage Sheds and Buildings 11 d. Dust control 12 e. Temporary fencing of the construction site 13 B. Deviations from this City of Fort Worth Standard Specification 14 I. None. 15 C. Related Specification Sections include, but are not necessarily limited to: 16 I. Division 0 Bidding Requirements, Contract Forms and Conditions of the Contract 17 2. Division 1 —General Requirements 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. Work associated with this Item is considered subsidiary to the various Items bid. 21 No separate payment will be allowed for this Item. 22 1.3 REFERENCES [NOT USED] 23 1.4 ADMINISTRATIVE REQUIREMENTS 24 A. Temporary Utilities 25 I. Obtaining Temporary Service 26 a. Make arrangements with utility service companies for temporary services. 27 b. Abide by rules and regulations of utility service companies or authorities 28 having jurisdiction. 29 c. Be responsible for utility service costs until Work is approved for Final 30 Acceptance. 31 1) Included are fuel, power, light, heat and other utility services necessary for 32 execution, completion, testing and initial operation of Work. 33 2. Water 34 a. Contractor to provide water required for and in connection with Work to be 35 performed and for specified tests of piping, equipment, devices or other use as 36 required for the completion of the Work. 37 b. Provide and maintain adequate supply of potable water for domestic 38 consumption by Contractor personnel and City's Project Representatives. 39 c. Coordination 40 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 50 00 -2 TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 I d. Contractor Payment for Construction Water 2 I) Obtain construction water meter from City for payment as billed by City's 3 established rates. 4 3. Electricity and Lighting 5 a. Provide and pay for electric powered service as required for Work, including 6 testing of Work. 7 1) Provide power for lighting, operation of equipment, or other use. 8 b. Electric power service includes temporary power service or generator to 9 maintain operations during scheduled shutdown. 10 4. Telephone 11 a. Provide emergency telephone service at Site for use by Contractor personnel 12 and others performing work or furnishing services at Site. 13 5. 'Temporary I-Ieat and Ventilation 14 a. Provide temporary heat as necessary for protection or completion of Work. 15 b. Provide temporary heat and ventilation to assure safe working conditions. 16 B. Sanitary Facilities 17 I. Provide and maintain sanitary facilities for persons on Site. 18 a. Comply with regulations of State and Local departments of health. 19 2. Enforce use of sanitary facilities by construction personnel at job site. 20 a. Enclose and anchor sanitary facilities. 21 b. No discharge will be allowed from these facilities. 22 c. Collect and store sewage and waste so as not to cause nuisance or health 23 problem. 24 d. Haul sewage and waste off -site at no less than weekly intervals and properly 25 dispose in accordance with applicable regulation. 26 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 27 4. Remove facilities at completion of Project 28 C. Storage Sheds and Buildings 29 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 30 above ground level for materials and equipment susceptible to weather damage. 31 2. Storage of materials not susceptible to weather damage may be on blocks off 32 ground. 33 3. Store materials in a neat and orderly manner. 34 a. Place materials and equipment to permit easy access for identification, 35 inspection and inventory. 36 4. Equip building with lockable doors and lighting, and provide electrical service for 37 equipment space heaters and heating or ventilation as necessary to provide storage 38 environments acceptable to specified manufacturers. 39 5. Fill and grade site for temporary structures to provide drainage away from 40 temporary and existing buildings. 41 6. Remove building from site prior to Final Acceptance. 42 D. Temporary Fencing 43 1. Provide and maintain for the duration or construction when required in contract 44 documents 45 E. Dust Control CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 50 00 - 3 TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1 1. Contractor is responsible for maintaining dust control through the duration of the 2 project. 3 a. Contractor remains on -call at all times 4 b. Must respond in a timely manner 5 F. Temporary Protection of Construction 6 1. Contractor or subcontractors are responsible for protecting Work from damage due 7 to weather. 8 1.5 SUBMITTALS [NOT USED] 9 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 10 1.7 CLOSEOUT SUBMITTALS [NOT USED] I I 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 12 1.9 QUALITY ASSURANCE [NOT USED] 13 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1 12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS [NOT USED] 17 PART 3 - EXECUTION [NOT USED] 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION [NOT USED] 20 3.3 PREPARATION [NOT USED] 21 3.4 INSTALLATION 22 A. Temporary Facilities 23 1. Maintain all temporary facilities for duration of construction activities as needed. 24 3.5 [REPAIR] / [RESTORATION] 25 3.6 RE -INSTALLATION 26 3.7 FIELD ion] SITE QUALITY CONTROL [NOT USED] 27 3.8 SYSTEM STARTUP [NOT USED] 28 3.9 ADJUSTING [NOT USED] 29 3.10 CLEANING [NOT USED] 30 3.11 CLOSEOUT ACTIVITIES 31 A. Temporary Facilities CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 50 00 - 4 TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1. Remove all temporary facilities and restore area after completion of the Work, to a 2 condition equal to or better than prior to start of Work. 3 3.12 PROTECTION [NOT USED] 4 3.13 MAINTENANCE [NOT USED] 5 3.14 ATTACHMENTS [NOT USED] 6 END OF SECTION 7 8 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 55 26 - 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page I of 3 1 2 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PARTI- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 I. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 3. Section 34 71 13 — Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. Contractor shall minimize lane closures and impact to vehicular/pedestrian 30 traffic. 3l b. When traffic control plans are included in the Drawings, provide Traffic 32 Control in accordance with Drawings and Section 34 71 13. 33 c. When traffic control plans are not included in the Drawings, prepare traffic 34 control plans in accordance with Section 34 71 13 and submit to City for 35 review. 36 1) Allow minimum 10 working days for review of proposed Traffic Control. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 55 26 - 2 STREET USE PERMIT AND MODIFICATIONS 10 TRAFFIC CONTROL Paget or 1 2) A traffic control "Typical" published by City of Fort Worth, the Texas 2 Manual Unified Traffic Control Devices (TMUTCD) or Texas Department 3 of Transportation (TxDOT) can be used as an alternative to preparing 4 project/site specific traffic control plan if the typical is applicable to the 5 specific project/site. 6 B. Street Use Permit 7 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 8 a. To obtain Street Use Permit, submit Traffic Control Plans to City 9 Transportation and Public Works Department. 10 1) Allow a minimum of 5 working days for permit review. 11 2) It is the Contractor's responsibility to coordinate review of Traffic Control 12 plans for Street Use Permit, such that construction is not delayed. 13 C. Modification to Approved Traffic Control 14 I . Prior to installation traffic control: 15 a. Submit revised traffic control plans to City Department Transportation and 16 Public Works Department. 17 1) Revise Traffic Control plans in accordance with Section 34 71 13. 18 2) Allow minimum 5 working days for review of revised Traffic Control. 19 3) It is the Contractor's responsibility to coordinate review of Traffic Control 20 plans for Street Use Permit, such that construction is not delayed. 21 D. Removal of Street Sign 22 I. If it is determined that a street sign must be removed for construction, then contact 23 City Transportation and Public Works Department, Signs and Markings Division to 24 remove the sign. 25 E. Temporary Signage 26 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 27 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 28 Devices (MUTCD). 29 2. Install temporary sign before the removal of permanent sign. 30 3. When construction is complete, to the extent that the permanent sign can be 31 reinstalled, contact the City Transportation and Public Works Department, Signs 32 and Markings Division, to reinstall the permanent sign. 33 F. Traffic Control Standards 34 1. Traffic Control Standards can be found on the City's website. 35 1.5 SUBMITTALS [NOT USED] 36 A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 Ol 5526-3 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page of 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log NAME SUMMARY OF CHANGE DATE 3/22/2021 M Owen 1.4 A, Added language to emphasize minimizing of lane closures and impact to traffic. 1.4 A. 1. c. Added language to allow for use of published traffic control "Typicats" if applicable to specific project/site. 1.4 F. 1) Removed reference to Huzzsaw 1.5 Added language re: submittal of permit CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 015713-1 STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the 11 Contract 12 2. Division 1 —General Requirements 13 3. Section 31 25 00 — Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 L Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Bern. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 57 13 -2 STORM WATER POLLUTION PREVENTION Page 2 of3 1 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXRI50000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works, Environmental Division, (817) 392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 31 25 00 17 b) The Drawings 18 c) TXRI50000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division, (817) 392-6088. 29 2) TCEQ Notice of Change required if making changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 31 25 00 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 01 33 00, except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 I) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 2 3 015713-3 STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2 - 12 PART 3 - 13 14 l5 PRODUCTS [NOT USED] EXECUTION [NOT USED] END OF SECTION Revision Log NAME SUMMARY OF CHANGE DATE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRAC r 2022 City Project No. 104346 1 2 SECTION 01 58 13 TEMPORARY PROJECT SIGNAGE 01 58 13- 1 TEMPORARY PROJECT SIGNAGE Page 1 of3 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Temporary Project Signage Requirements 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 — General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART2- PRODUCTS 27 2.1 OWNER -FURNISHED [oR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 28 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS 29 A. Design Criteria 30 1. Provide free standing Project Designation Sign in accordance with City's Standard 31 Details for project signs. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 015813-2 TEMPORARY PROJECT SIGNAGE Page of I B. Materials 2 1. Sign 3 a. Constructed of %-inch fir plywood, grade A-C (exterior) or better 4 2.3 ACCESSORIES [NOT USED] 5 2.4 SOURCE QUALITY CONTROL [NOT USED] 6 PART 3- EXECUTION 7 3.1 INSTALLERS [NOT USED] 8 3.2 EXAMINATION [NOT USED] 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. General 12 1. Provide vertical installation at extents of project. 13 2. Relocate sign as needed, upon request of the City. 14 B. Mounting options 15 a. Skids 16 b. Posts 17 c. Barricade 18 3.5 REPAIR l RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD loR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING [NOT USED] 24 3.11 CLOSEOUT ACTIVITIES [NOT USED] 25 3.12 PROTECTION [NOT USED] 26 3.13 MAINTENANCE 27 A. General 28 1. Maintenance will include painting and repairs as needed or directed by the City. 29 3.14 ATTACHMENTS [NOT USED] 30 31 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 015813-3 TEMPORARY PROJECT SIGNAGE Page 3 of 3 Revision Log NAME SUMMARY OF CHANGE DATE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 SECTION 01 60 00 PRODUCT REQUIREMENTS PART1- GENERAL 01 60 00 PRODUCT REQUIREMENTS Page 1 of 2 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 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 [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is available through the City's website at: https://apps.foeEvoethtexas.gov/ProjectResources/ and following the directory path; 02 - Construction Documents/Standard Products List B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. I. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer's standard product. E. See Section 01 33 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9,2020 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 60 00 PRODUCT REQUIREMENTS Page 2 of 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION NOT USED] END OF SECTION Revision Log NAME SUMMARY OF CHANGE DATE 10/12/12 D. Johnson Modified Location ofCity's Standard Product List 3/9/2020 D.V. Magana Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City's website. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 1 SECTION 01 66 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 —General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 I. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 66 00 -2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 af 4 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City's Project Representative. 24 5. Provide off -site storage and protection when on -site storage is not adequate. 25 a. Provide addresses of and access to off -site storage locations for inspection by 26 City's Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers' unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City's Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City's 38 Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 016600-3 PRODUCT STORAGE AND IIANDLING REQUIREMENTS Page 3 of 4 I 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] l I 3.7 FIELD RJR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non -Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 017o00-1 MOBILIZATION AND REMOBILIZATION Page 1 of4 1 SECTION 01 70 00 2 MOBILIZATION AND REMOBILIZATION 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Mobilization and Demobilization 7 a. Mobilization 8 1) Transportation of Contractor's personnel, equipment, and operating supplies 9 to the Site 10 2) Establishment of necessary general facilities for the Contractor's operation 11 at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor's personnel, equipment, and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor's operation 16 from 1 location to another location on the Site. 17 b. Demobilization 18 I) Transportation of Contractor's personnel, equipment, and operating supplies 19 away from the Site including disassembly 20 2) Site Clean-up 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract. 25 2. Remobilization 26 a. Remobilization for Suspension of Work specifically required in the Contract 27 Documents or as required by City includes: 28 1) Demobilization 29 a) Transportation of Contractor's personnel, equipment, and operating 30 supplies from the Site including disassembly or temporarily securing 31 equipment, supplies, and other facilities as designated by the Contract 32 Documents necessary to suspend the Work. 33 b) Site Clean-up as designated in the Contract Documents 34 2) Remobilization 35 a) Transportation of Contractor's personnel, equipment, and operating 36 supplies to the Site necessary to resume the Work. 37 b) Establishment of necessary general facilities for the Contractor's 38 operation at the Site necessary to resume the Work. 39 3) No Payments will be made for: 40 a) Mobilization and Demobilization from one location to another on the 41 Site in the normal progress of performing the Work. 42 b) Stand-by or idle time 43 c) Lost profits 44 3. Mobilizations and Demobilization for Miscellaneous Projects 45 a. Mobilization and Demobilization CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 70 00 -2 MOBILIZATION AND REMOBILIZATION Page 2 of4 1) Mobilization shall consist of the activities and cost on a Work Order basis 2 necessary for: 3 a) Transportation of Contractor's personnel, equipment, and operating 4 supplies to the Site for the issued Work Order. 5 b) Establishment of necessary general facilities for the Contractor's 6 operation at the Site for the issued Work Order 7 2) Demobilization shall consist of the activities and cost necessary for: 8 a) Transportation of Contractor's personnel, equipment, and operating 9 supplies from the Site including disassembly for each issued Work l0 Order 11 b) Site Clean-up for each issued Work Order 12 c) Removal of all buildings or other facilities assembled at the Site for 13 each Work Oder 14 b. Mobilization and Demobilization do not include activities for specific items of 15 work for which payment is provided elsewhere in the contract. 16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 17 a. A Mobilization for Miscellaneous Projects when directed by the City and the 18 mobilization occurs within 24 hours of the issuance of the Work Order. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. 1.1 Summary / A. Section Includes: 4. Emergency Mobilizations and 21 Demobilizations for Miscellaneous Projects: 22 a) A Mobilization for Miscellaneous Projects when directed by the City and 23 the mobilizations occur within 24 hours of notification by Project Manager. 24 (instead of issuance of work order) 25 2. 1.2 Price and Payment Procedures / A. Measurement and Payment / 5. 26 Emergency Mobilization and Demobilizations for Miscellaneous Projects: 27 e) After the emergency work order has been complete, there will be no 28 additional mobilization charges paid to remobilize back to the previous project 29 location site. 30 C. Related Specification Sections include, but are not necessarily limited to: 31 5. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contact 32 6. Division I —General Requirements 33 1.2 PRICE AND PAYMENT PROCEDURES 34 Measurement and Payment 35 1. Mobilization and Demobilization 36 a. Measure 37 1) This Item is considered subsidiary to the various Items bid. 38 b. Payment 39 1) The work performed and materials furnished in accordance with this Item 40 are subsidiary to the various Items bid and no other compensation will be 41 allowed. 42 2. Remobilization for suspension of Work as specifically required in the Contract 43 Documents 44 a. Measurement 45 1) Measurement for this Item shall be per each remobilization performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 017000-3 MOBILIZATION AND REMOBILIZAI ION Page 3 of 4 1 b. Payment 2 I) The work performed and materials furnished in accordance with this Item 3 and measured as provided under "Measurement" will be paid for at the unit 4 price per each "Specified Remobilization" in accordance with Contract 5 Documents. 6 c. The price shall include: 7 1) Demobilization as described in Section 1.1.A.2.a.1) 8 2) Remobilization as described in Section 1.1.A.2.a.2) 9 d. No payments will be made for standby, idle time, or lost profits associated this 10 Item. 11 3. Remobilization for suspension of Work as required by City 12 a. Measurement and Payment 13 I) This shall be submitted as a Contract Claim in accordance with Article 10 14 of Section 00 72 00. 15 2) No payments will be made for standby, idle time, or lost profits associated 16 with this Item. 17 4. Mobilizations and Demobilizations for Miscellaneous Projects 18 a. Measurement 19 I) Measurement for this Item shall be for each Mobilization and 20 Demobilization required by the Contract Documents 21 b. Payment 22 1) The Work performed and materials furnished in accordance with this Item 23 and measured as provided under "Measurement" will be paid for at the unit 24 price per each "Work Order Mobilization" in accordance with Contract 25 Documents. Demobilization shall be considered subsidiary to mobilization 26 and shall not be paid for separately. 27 c. The price shall include: 28 1) Mobilization as described in Section 1.1.A.3.a.1) 29 2) Demobilization as described in Section 1.1.A.3.a.2) 30 d. No payments will be made for standby, idle time, or lost profits associated this 31 Item. 32 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 33 a. Measurement 34 1) Measurement for this Item shall be for each Mobilization and 35 Demobilization required by the Contract Documents 36 b. Payment 37 1) The Work performed and materials furnished in accordance with this Item 38 and measured as provided under "Measurement" will be paid for at the unit 39 price per each "Work Order Emergency Mobilization" in accordance with 40 Contract Documents. Demobilization shall be considered subsidiary to 41 mobilization and shall not be paid for separately. 42 c. The price shall include 43 1) Mobilization as described in Section 1.1.A.4.a) 44 2) Demobilization as described in Section 1.1.A.3.a.2) 45 d. No payments will be made for standby, idle time, or Lost profits associated this 46 Item. 47 1.3 REFERENCES [NOT USED] 48 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 017000-4 MOBILIZATION AND REMOBILIZATION Page 4 of 4 I 1.5 SUBMITTALS [NOT USED] 2 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2- 10 PART 3 - II 12 13 PRODUCTS [NOT USED] EXECUTION [NOT USEDI END OF SECTION Revision Log NAME SUMMARY OF CHANGE DATE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 PARTI- GENERAL 1.1 SUMMARY 017123-I CONSTRUCTION STAKING AND SURVEY Pagel of 8 SECTION 01 71 23 CONSTRUCTION STAKING AND SURVEY A. Section Includes: 1. Requirements for construction staking and construction survey B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment I. Construction Staking a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "Construction Staking". 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following: 1) Verification of control data provided by City. 2) Placement, maintenance and replacement of required stakes and markings in the field. 3) Preparation and submittal of construction staking documentation in the form of "cut sheets" using the City's standard template. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 3. As -Built Survey a. Measurement 1) Measurement for this Item shall be by lump sum. b. Payment 1) The work performed and the materials furnished in accordance with this Item shall be paid for at the lump sum price bid for "As -Built Survey". CITY OF FORT WORTH S'rANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14,2018 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Paget of8 2) Payment for "Construction Staking" shall be made in partial payments prorated by work completed compared to total work included in the lump sum item. c. The price bid shall include, but not be limited to the following:: I) Field measurements and survey shots to identify location of completed facilities. 2) Documentation and submittal of as -built survey data onto contractor redline plans and digital survey files. 1.3 REFERENCES A. Definitions 1. Construction Survey - The survey measurements made prior to or while construction is in progress to control elevation, horizontal position, dimensions and configuration of structures/improvements included in the Project Drawings. 2. As -built Survey The measurements made after the construction of the improvement features are complete to provide position coordinates for the features of a project. 3. Construction Staking— The placement of stakes and markings to provide offsets and elevations to cut and fill in order to locate on the ground the designed structures/improvements included in the Project Drawings. Construction staking shall include staking easements and/or right of way if indicated on the plans. 4. Survey "Field Checks" —Measurements made after construction staking is completed and before construction work begins to ensure that structures marked on the ground are accurately located per Project Drawings. B. Technical References 1. City of Fort Worth —Construction Staking Standards (available on City's Buzzsaw website) — 01 71 23.16.01_ Attachment A_Survey Staking Standards 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available on City's Buzzsaw website). 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land Surveying in the State of'I'exas, Category 5 1.4 ADMINISTRATIVE REQUIREMENTS A.The Contractor's selection of a surveyor must comply with Texas Government Code 2254 (qualifications based selection) for this project. 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 01 33 00. B. All submittals shall be received and reviewed by the City prior to delivery of work. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Field Quality Control Submittals CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14,2018 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 017123-3 CONSTRUCTION STAKING AND SURVEY Page3 of8 1. Documentation verifying accuracy of field engineering work, including coordinate conversions if plans do not indicate grid or ground coordinates. 2. Submit "Cut -Sheets" conforming to the standard template provided by the City (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 1.7 CLOSEOUT SUBMITTALS B. As -built Redline Drawing Submittal I. Submit As -Built Survey Redline Drawings documenting the locations/elevations of constructed improvements signed and sealed by Registered Professional Land Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 — Attachment A — Survey Staking Standards). 2. Contractor shall submit the proposed as -built and completed redline drawing submittal one (1) week prior to scheduling the project final inspection for City review and comment. Revisions, if necessary, shall be made to the as -built redline drawings and resubmitted to the City prior to scheduling the construction final inspection. 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the Contractor. 2. Coordination a. Contact City's Project Representative at least one week in advance notifying the City of when Construction Staking is scheduled. b. It is the Contractoi's responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes. If City surveyors are required to re -stake for any reason, the Contractor will be responsible for costs to perform staking. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed disturbed or omitted that the contracted Work cannot take place then the Contractor will be required to stake or re -stake the deficient areas. B. Construction Survey 1. Construction Survey will be performed by the Contractor. 2. Coordination a. Contractor to verify that horizontal and vertical control data established in the design survey and required for construction survey is available and in place. 3. General a. Construction survey will be performed in order to construct the work shown on the Construction Drawings and specified in the Contract Documents. b. For construction methods other than open cut, the Contractor shall perform construction survey and verify control data including, but not limited to, the following: 1) Verification that established benchmarks and control are accurate. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14,2018 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 71 23 -4 CONSTRUCTION STAKING AND SURVEY Page4 of8 2) Use of Benchmarks to furnish and maintain all reference lines and grades for tunneling. 3) Use of line and grades to establish the location of the pipe. 4) Submit to the City copies of field notesused to establish all lines and grades, if requested, and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City, if requested, to verify the guidance system and the line and grade of the carrier pipe. 6) The Contractor remains fully responsible for the accuracy of the work and correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to the City. 9) If the installation does not meet the specified tolerances (as outlined in Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct the installation in accordance with the Contract Documents. C. As -Built Survey 1. Required As -Built Survey will be performed by the Contractor. 2. Coordination a. Contractor is to coordinate with City to confirm which features require as - built surveying. b. It is the Contractor's responsibility to coordinate the as -built survey and required measurements for items that are to be buried such that construction activities are not delayed or negatively impacted. c. For sewer mains and water mains 12" and under in diameter, it is acceptable to physically measure depth and mark the location during the progress of construction and take as -built survey after the facility has been buried. The Contractor is responsible for the quality control needed to ensure accuracy. 3. General a. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features during the progress of the construction including the following: 1) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Minimum every 250 linear feet, including (2) Horizontal and vertical points of inflection, curvature, etc. (3) Fire line tee (4) Plugs, stub -outs, dead-end lines (5) Casing pipe (each end) and all buried fittings 2) Sanitary Sewer a) Top of pipe elevations and coordinates for force mains and siphon sanitary sewer lines (non -gravity facilities) at the following locations: (1) Minimum every 250 linear feet and any buried fittings (2) Horizontal and vertical points of inflection, curvature, etc. 3) Stormwater—Not Applicable CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14,2018 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 b. The Contractor shall provide as -built survey including the elevation and location (and provide written documentation to the City) of construction features after the construction is completed including the following: 1) Manholes a) Rim and flowline elevations and coordinates for each manhole 2) Water Lines a) Cathodic protection test stations b) Sampling stations c) Meter boxes/vaults (All sizes) d) Fire hydrants e) Valves (gate, butterfly, etc.) f) Air Release valves (Manhole rim and vent pipe) g) Blow off valves (Manhole rim and valve lid) h) Pressure plane valves i) Underground Vaults (1) Rim and flowline elevations and coordinates for each Underground Vault. 3) Sanitary Sewer a) Cleanouts (1) Rim and flowline elevations and coordinates for each b) Manholes and Junction Structures (I) Rim and flowline elevations and coordinates for each manhole and Junction structure. 4) Stormwater—Not Applicable 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY PART2- PRODUCTS A. A construction survey will produce, but will not be limited to: 1. Recovery of relevant control points, points of curvature and points of intersection. 2. Establish temporary horizontal and vertical control elevations (benchmarks) sufficiently permanent and located in a manner to be used throughout construction. 3. The location of planned facilities, easements and improvements. a. Establishing final line and grade stakes for piers, floors, grade beams, parking areas, utilities, streets, highways, tunnels, and other construction. b. A record of revisions or corrections noted in an orderly manner for reference. c. A drawing, when required by the client, indicating the horizontal and vertical location of facilities, easements and improvements, as built. 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all construction staking projects. These cut sheets shall be on the standard city template which can be obtained from the Survey Superintendent (817-392-7925). 5. Digital survey files in the following formats shall be acceptable: a. AutoCAD (.dwg) b. ESRI Shapefile (.shp) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use standard templates, if available) 6. Survey files shall include vertical and horizontal data tied to original project control and benchmarks, and shall include feature descriptions PART 3 - EXECUTION 3.1 INSTALLERS A. Tolerances: 1. The staked location of any improvement or facility should be as accurate as practical and necessary. The degree of precision required is dependent on many factors all of which must remain judgmental. The tolerances listed hereafter are based on generalities and, under certain circumstances, shall yield to specific requirements. The surveyor shall assess any situation by review of the overall plans and through consultation with responsible parties as to the need for specific tolerances. a. Earthwork. Grades for earthwork or rough cut should not exceed 0.1 ft. vertical tolerance. Horizontal alignment for earthwork and rough cut should not exceed 1.0 ft. tolei ance. b. Horizontal alignment on a structure shall be within .0.1ft tolerance. c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and walkways shall be located within the confines of the site boundaries and, occasionally, along a boundary or any other restrictive line. Away from any restrictive line, these facilities should be staked with an accuracy producing no more than 0.05ft. tolerance from their specified locations. d. Underground and overhead utilities, such as sewers, gas, water, telephone and electric lines, shall be located hoi izontally within their prescribed areas or easements. Within assigned areas, these utilities should be staked with an accuracy producing no more than 0.1 ft tolerance from a specified location. e. The accuracy required for the vertical location of utilities varies widely. Many underground utilities require only a minimum cover and a tolerance of 0.1 ft. should be maintained. Underground and overhead utilities on planned profile, but not depending on gravity flow for performance, should not exceed 0.1 ft. tolerance. B.Surveying instruments shall be kept in close adjustment according to manufacturer's specifications or in compliance to standards. The City reserves the right to request a calibration report at any time and recommends regular maintenance schedule be performed by a certified technician every 6 months. 1. Field measurements of angles and distances shall be done in such fashion as to satisfy the closures and tolerances expressed in Part 3.1.A. 2. Vertical locations shall be established from a pre -established benchmark and checked by closing to a different bench mark on the same datum. 3. Construction survey field work shall correspond to the client's plans. Irregularities or conflicts found shall be reported promptly to the City. 4. Revisions, corrections and other pertinent data shall be logged for future reference. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Pagel of 8 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION 3.5 REPAIR / RESTORATION A.If the Contractor's work damages or destroys one or more of the control monuments/points set by the City, the monuments shall be adequately referenced for expedient restoration. 1. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. a. Contractor shall perform replacements and/or restorations. b. The City may require at any time a survey "Field Check" of any monument or benchmarks that are set be verified by the City surveyors before further associated work can move forward. 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD loR] SITE QUALITY CONTROL A.It is the Contractor's responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. This includes easements and right of way, if noted on the plans. B. Do not change or relocate stakes or control data without approval from the City. 3.8 SYSTEM STARTUP A. Survey Checks 1. The City reserves the right to perform a Survey Check at any time deemed necessary. 2. Checks by City personnel or 3`d party contracted surveyor are not intended to relieve the contractor of his/her responsibility for accuracy. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14,2018 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 71 23 - 8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 NAME SUMMARY OF CHANGE DATE 8/31/2012 D. Johnson 8/31/2017 M. Owen Added instruction and modified measurement & payment under 1.2; added definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 — PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. 2/14/2018 M Owen Removed "blue text"; revised measurement and payment sections for Construction Staking and As -Built Survey; added reference to selection compliance with TGC 2254; revised action and Closeout submittal requirements; added acceptable depth measurement criteria; revised list of items requiring as -built survey "during" and "after" construction; and revised acceptable digital survey file format CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 14, 2018 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 017423-1 CLEANING Page I of 4 1 SECTION 01 74 23 2 CLEANING 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 1 I 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 3. Section 32 92 13 — Hydro -Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 I. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 I. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 STORAGE, AND HANDLING 3I A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 017423-2 CLEANING Page 2 of 4 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART2- PRODUCTS 4 2.1 OWNER -FURNISHED Loa] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3- EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE -INSTALLATION [NOT USED] 20 3.7 FIELD Ion] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 74 23- 3 CLEANING Page 3 of 4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Construction 10 I. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as -needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Interior Final Cleaning 22 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and 23 foreign materials from sight -exposed surfaces. 24 Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 25 26 27 28 29 30 31 32 2. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. other 6. Replace all burned out lamps. 33 7. Broom clean process area floors. 34 8. Mop office and control room floors. 35 D. Exterior (Site or Right of Way) Final Cleaning 36 I. Remove trash and debris containers from site. 37 a. Re -seed areas disturbed by location of trash and debris containers in accordance 38 with Section 32 92 13. 39 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 40 that may hinder or disrupt the flow of traffic along the roadway. 41 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 42 junction boxes and inlets. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CON I RACT 2022 City Project No. 104346 017423-4 CLEANING Page 4 of 4 4. If no longer required for maintenance of erosion facilities, and upon approval by 2 City, remove erosion control from site. 3 5. Clean signs, lights, signals, etc. 4 3.11 CLOSEOUT ACTIVITIES [NOT USED] 5 3.12 PROTECTION [NOT USED] 6 3.13 MAINTENANCE [NOT USED] 7 3.14 ATTACHMENTS [NOT USED] 8 END OF SECTION 9 10 Revision Log NAME SUMMARY OF CHANGE DATE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 SECTION 01 77 19 CLOSEOUT REQUIREMENTS 3 PART1- GENERAL 017719-I CLOSEOUT REQUIREMENTS Page I of 3 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 I. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 I. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 12 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City's Project Representative. 27 28 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 29 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 PART 2 - PRODUCTS [NOT USED] 32 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 77 19 -2 CLOSEOUT REQUIREMENTS Page 2 of 3 1 PART 3- EXECUTION 2 3.1 INSTALLERS [NOT USED] 3 3.2 EXAMINATION [NOT USED] 4 3.3 PREPARATION [NOT USED] 5 3.4 CLOSEOUT PROCEDURE 6 A. Prior to requesting Final Inspection, submit: 7 1. Project Record Documents in accordance with Section 01 78 39 8 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 9 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 10 01 74 23. 11 C. Final Inspection 12 1. After final cleaning, provide notice to the City Project Representative that the Work 13 is completed. 14 a. The City will snake an initial Final Inspection with the Contractor present. 15 b. Upon completion of this inspection, the City will notify the Contractor, in 16 writing within 10 business days, of any particulars in which this inspection 17 reveals that the Work is defective or incomplete. 18 2. Upon receiving written notice from the City, immediately undertake the Work 19 required to remedy deficiencies and complete the Work to the satisfaction of the 20 City. 21 3. The Right-of-way shall be cleared of all construction materials, barricades, and 22 temporary signage. 23 4. Upon completion of Work associated with the items listed in the City's written 24 notice, inform the City that the required Work has been completed. Upon receipt of 25 this notice, the City, in the presence of the Contractor, will make a subsequent Final 26 Inspection of the project. 27 5. Provide all special accessories required to place each item of equipment in full 28 operation. These special accessory items include, but are not limited to: 29 a. Specified spare parts 30 b. Adequate oil and grease as required for the first lubrication of the equipment 31 c. Initial fill up of all chemical tanks and fuel tanks 32 d. Light bulbs 33 e. Fuses 34 f Vault keys 35 g. Handwheels 36 h. Other expendable items as required for initial start-up and operation of all 37 equipment 38 D. Notice of Project Completion 39 1. Once the City Project Representative finds the Work subsequent to Final Inspection 40 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 41 E. Supporting Documentation CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 77 19 -3 CLOSEOUT REQUIREMENTS Page 3 of 3 I 1. Coordinate with the City Project Representative to complete the following 2 additional forms: 3 a. Final Payment Request 4 b. Statement of Contract Time 5 c. Affidavit of Payment and Release of Liens 6 d. Consent of Surety to Final Payment 7 e. Pipe Report (if required) 8 f. Contractor's Evaluation of City 9 g. Performance Evaluation of Contractor 10 F. Letter of Final Acceptance I I 1. Upon review and acceptance of Notice of Project Completion and Supporting 12 Documentation, in accordance with General Conditions, City will issue Letter of 13 Final Acceptance and release the Final Payment Request for payment. 14 3.5 REPAIR / RESTORATION [NOT USED] 15 3.6 RE -INSTALLATION [NOT USED] 16 3.7 FIELD ion] SITE QUALITY CONTROL [NOT USED] 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3 12 PROTECTION [NOT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END OF SECTION 25 26 Revision Log NAME SUMMARY OF CHANGE DATE 3/22/2021 M Owen 3.4 C. Added language to clarify and emphasize requirement to "Clearing ROW" CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 22, 2021 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 78 23 - 1 OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 01 78 23 2 OPERATION AND MAINTENANCE DATA 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include, but are not limited to: 9 a. Traffic Controllers 10 b. hrigation Controllers (to be operated by the City) 11 c. Butterfly Valves 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 I. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES l8 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 01 33 00 . All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 'A inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 017823-2 OPERATION AND MAINTENANCE DATA Page 2 of 5 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly -leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available, provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, name of responsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 017823-3 OPERATION AND MAINTENANCE DATA Page 3 of 5 1 5. Copy of each warranty, bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 I) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 I) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function, normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up, break-in, routine and normal operating instructions 32 2) Regulation, control, stopping, shut -down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly, repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 017823-5 OPERATION AND MAINTENANCE DATA Page 5 of 5 I 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - 5 PART 3 - 6 7 8 PRODUCTS [NOT USED] EXECUTION [NOT USED] END OF SECTION Revision Log NAME SUMMARY OF CHANGE DATE 8/31/2012 D. Johnson 1.5.A.1 — title of section removed CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 3 PART 1- GENERAL 4 1.1 SUMMARY SECTION 01 78 39 PROJECT RECORD DOCUMENTS 01 78 39 - 1 PROJECT RECORD DOCUMENTS Page 1 of 4 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City's Project Representative. 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 017839-2 PROJECT RECORD DOCUMENTS Page 2 of 4 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and FIandling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART2- PRODUCTS 18 2.1 OWNER -FURNISHED foal OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, I complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 017839-3 PROJECT RECORD DOCUMENTS Page 3 of 4 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum, in accordance with the intervals set forth in Section 01 71 23, 11 clearly mark any deviations from Contract Documents associated with 12 installation of the infrastructure. 13 4. Making entries on Drawings 14 a. Record any deviations from Contract Documents. 15 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 16 change by graphic line and note as required. 17 c. Date all entries. 18 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 19 e. In the event of overlapping changes, use different colors for the overlapping 20 changes. 21 5. Conversion of schematic layouts 22 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 23 ducts, and similar items, are shown schematically and are not intended to 24 portray precise physical layout. 25 1) Final physical arrangement is determined by the Contractor, subject to the 26 City's approval. 27 2) However, design of future modifications of the facility may require 28 accurate information as to the final physical layout of items which are 29 shown only schematically on the Drawings. 30 b. Show on the job set of Record Drawings, by dimension accurate to within 1 31 inch, the centerline of each run of items. 32 1) Final physical arrangement is determined by the Contractor, subject to the 33 City's approval. 34 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 35 ceiling plenum", "exposed", and the like). 36 3) Make all identification sufficiently descriptive that it may be related 37 reliably to the Specifications. 38 c. The City may waive the requirements for conversion of schematic layouts 39 where, in the City's judgment, conversion serves no useful purpose. However, 40 do not rely upon waivers being issued except as specifically issued in writing 41 by the City. 42 B. Final Project Record Documents 43 1. Transfer of data to Drawings 44 a. Carefully transfer change data shown on the job set of Record Drawings to the 45 corresponding final documents, coordinating the changes as required. 46 b. Clearly indicate at each affected detail and other Drawing a full description of 47 changes made during construction, and the actual location of items. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 01 78 39-4 PROJECT RECORD DOCUMENTS Page 4 of 4 1 c. Call attention to each entry by drawing a "cloud" around the area or areas 2 affected. 3 d. Make changes neatly, consistently and with the proper media to assure 4 longevity and clear reproduction. 5 2. Transfer of data to other Documents 6 a. If the Documents, other than Drawings, have been kept clean during progress of 7 the Work, and if entries thereon have been orderly to the approval of the City, 8 the job set of those Documents, other than Drawings, will be accepted as final 9 Record Documents. 10 b. If any such Document is not so approved by the City, secure a new copy of that I Document from the City at the City's usual charge for reproduction and 12 handling, and carefully transfer the change data to the new copy to the approval 13 of the City. 14 3.5 REPAIR / RESTORATION [NOT USED] 15 3.6 RE -INSTALLATION [NOT USED] 16 3.7 FIELD bolt] SITE QUALITY CONTROL [NOT USED] 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION [NOT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END OF SECTION 25 26 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTII STANDARD CONSTRUCTION SPEC Revised July 1, 2011 CATION DOCUMENTS SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 024114-I UTILITY REMOVAL/ABANDONMENT Page 1 of 17 t OSECTION 02 41 14 2 UTILITY REMOVAL/ABANDONMENT 3 PARTI- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Direction for the removal, abandonment or salvaging of the following utilities: 7 a. Cathodic Protection Test Stations 8 b. Water Lines 9 c. Gate Valves 10 d. Water Valves I l e. Fire I-lydrants 12 f. Water Meters and Meter Box 13 g. Water Sampling Station 14 h. Concrete Water Vaults 15 i. Sanitary Sewer Lines 16 J. Sanitary Sewer Manholes 17 k. Sanitary Sewer Junction Boxes 18 I. Storm Sewer Lines 19 m. Storm Sewer Manhole Risers 20 n. Storm Sewer Junction Boxes 21 o. Storm Sewer Inlets 22 p. Box Culverts 23 q. Headwalls and Safety End Treatments 24 r. "french Drains 25 B. Deviations from this City of Fort Worth Standard Specification 26 1. 1.2 Price and Payment Procedures / C. Sanitary Sewer Lines and 27 Appurtenances / 1. Abandonment of Sanitary Sewer Line by Cut and 28 Installation of Abandonment Plug / a. Measurement: 29 1) Measurement per each cut and abandonment plug installed only in a 30 separate trench. 31 C. Related Specification Sections include, but are not necessarily limited to: 32 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 33 2. Division 1 — General Requirements 34 3. Section 03 34 13 — Controlled Low Strength Material (CLSM) 35 4. Section 33 05 10 — Utility Trench Excavation, Embedment and Backfill 36 5. Section 33 05 24 — Installation of Carrier Pipe in Casing or Tunnel Liner Plate 37 6. Section 33 11 11— Ductile Iron Fittings 38 7. Section 33 11 13 — Concrete Pressure Pipe, Bar -wrapped, Steel Cylinder Type 39 8. Section 33 11 14 — Buried Steel Pipe and Fittings 40 9. Section 33 12 25 — Connection to Existing Water Mains CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 02 41 14 -2 UTILITY REMOVAL/ABANDONMENT Page 2 of 17 I 1.2 PRICE AND PAYMENT PROCEDURES 2 A. Utility Lines 3 1. Abandonment of Utility Line by Grouting 4 a. Measurement 5 I) Measurement for this Item shall be per cubic yard of existing utility line to 6 be grouted. Measure by tickets showing cubic yards of grout applied. 7 b. Payment 8 1) The work performed and materials furnished in accordance with this Item 9 and measured as provided under "Measurement" shall be paid for at the unit 10 price per cubic yard of "Line Grouting" for: 11 a) Various types of utility line 12 c. The price bid shall include: 13 I) Low density cellular grout or CLSM 14 2) Water 15 3) Pavement removal 16 4) Excavation 17 5) Hauling 18 6) Disposal of excess materials 19 7) Furnishing, placement and compaction of backfill 20 8) Clean-up 21 2. Utility Line Removal, Separate Trench 22 a. Measurement 23 1) Measurement for this Item shall be per linear foot of existing utility line to 24 be removed. 25 b. Payment 26 I) The work performed and materials furnished in accordance with this Item 27 and measured as provided under "Measurement" shall be paid for at the unit 28 price bid per linear foot of "Remove Line" for: 29 a) Various types of existing utility line 30 b) Various sizes 31 c. The price bid shall include: 32 I) Removal and disposal of existing utility pipe 33 2) Pavement removal 34 3) Excavation 35 4) Hauling 36 5) Disposal of excess materials 37 6) Furnishing, placement and compaction of backfill 38 7) Clean-up 39 3. Utility Line Removal, Same Trench 40 a. Measurement 41 1) This Item is considered subsidiary the proposed utility line being installed. 42 b. Payment 43 I) The work performed and materials furnished in accordance with this Item 44 are subsidiary to the installation of proposed utility pipe and shall be 45 subsidiary to the unit price bid per linear foot of pipe complete in place, and 46 no other compensation will be allowed. 47 4. Manhole Abandonment 48 a. Measurement CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 02 41 14 - 3 UTILITY REMOVAL/ABANDONMENT Page of 17 1 1) Measurement for this Item will be per each manhole to be abandoned. 2 b. Payment 3 1) The work performed and materials furnished in accordance with this Item 4 and measured as provided under "Measurement" shall be paid for at the unit 5 price bid per each "Abandon Manhole" for: 6 a) Various diameters 7 b) Various types 8 c. The price bid shall include: 9 1) Removal and disposal of manhole cone 10 2) Removal, salvage and delivery of frame and cover to City, if applicable 11 3) Cutting and plugging of existing sewer lines 12 4) Concrete 13 5) Acceptable material for backfilling manhole void 14 6) Pavement removal 15 7) Excavation 16 8) Hauling 17 9) Disposal of excess materials 18 10) Furnishing, placement and compaction of backfill 19 11) Surface restoration 20 12) Clean-up 21 5. Cathodic Test Station Abandonment 22 a. Measurement 23 I) Measurement for this Item will be per each cathodic test station to be 24 abandoned. 25 b. Payment 26 1) The work performed and materials furnished in accordance with this Item 27 and measured as provided under "Measurement" shall be paid for at the unit 28 price bid per each "Abandon Cathodic Test Station". 29 c. The price bid shall include: 30 1) Abandon cathodic test station 31 2) CLSM 32 3) Pavement removal 33 4) Excavation 34 5) Hauling 35 6) Disposal of excess materials 36 7) Furnishing, placement and compaction of backfill 37 8) Clean-up 38 B. Water Lines and Appurtenances 39 1. Installation of a Water Line Pressure Plug 40 a. Measurement 41 1) Measurement for this Item shall be per each pressure plug to be installed. 42 b. Payment 43 1) The work performed and materials furnished in accordance with this Item 44 and measured as provided under "Measurement" shall be paid for at the unit 45 price bid for each "Pressure Plug" installed for: 46 a) Various sizes 47 c. The price bid shall include: 48 1) Furnishing and installing pressure plug 49 2) Pavement removal CETY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 02 41 14-4 UTILITY REMOVAL/ABANDONMENT Page 4 of 17 1 3) Excavation 2 4) Hauling 3 5) Disposal of excess material 4 6) Gaskets 5 7) Bolts and Nuts 6 8) Furnishing, placement and compaction of embedment 7 9) Furnishing, placement and compaction of backfill 8 10) Disinfection 9 11) Testing 10 12) Clean-up 11 2. Abandonment of Water Line by Cut and installation of Abandonment Plug 12 a. Measurement 13 1) Measurement for this Item shall be per each cut and abandonment plug 14 installed. 15 b. Payment 16 1) The work performed and materials furnished in accordance with this Item 17 and measured as provided under "Measurement" shall be paid for at the unit 18 price bid for each "Water Abandonment Plug" installed for: 19 a) Various sizes 20 c. The price bid shall include: 21 1) Furnishing and installing abandonment plug 22 2) Pavement removal 23 3) Excavation 24 4) Hauling 25 5) CLSM 26 6) Disposal of excess material 27 7) Furnishing, placement and compaction of backfill 28 8) Clean-up 29 3. Water Valve Removal 30 a. Measurement 31 1) Measurement for this Item will be per each water valve to be removed. 32 b. Payment 33 1) The work performed and materials furnished in accordance with this Item 34 and measured as provided under "Measurement" shall be paid for at the unit 35 price bid per each "Remove Water Valve" for: 36 a) Various sizes 37 c. The price bid shall include: 38 1) Removal and disposal of valve 39 2) CLSM 40 3) Pavement removal 41 4) Excavation 42 5) Hauling 43 6) Disposal of excess materials 44 7) Furnishing, placement and compaction of backfill 45 8) Clean-up 46 4. Water Valve Removal and Salvage 47 a. Measurement 48 1) Measurement for this Item will be per each water valve to be removed and 49 salvaged. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 024114-5 UTILITY REMOVAL/ABANDONMENT Page 5of17 1 b. Payment 2 1) The work performed and materials furnished in accordance with this Item 3 and measured as provided under "Measurement" shall be paid for at the unit 4 price bid per each "Salvage Water Valve" for: 5 a) Various sizes 6 c. The price bid shall include: 7 1) Removal and Salvage of valve 8 2) CLSM 9 3) Delivery to City 10 4) Pavement removal 11 5) Excavation 12 6) Hauling 13 7) Disposal of excess materials 14 8) Furnishing, placement and compaction of backfill 15 9) Clean-up 16 5. Water Valve Abandonment 17 a. Measurement 18 1) Measurement for this Item will be per each water valve to be abandoned. 19 b. Payment 20 1) The work performed and materials furnished in accordance with this Item 21 and measured as provided under "Measurement" shall be paid for at the unit 22 price bid per each "Abandon Water Valve" for: 23 a) Various Sizes 24 c. The price bid shall include: 25 1) Abandonment of valve 26 2) CLSM 27 3) Pavement removal 28 4) Excavation 29 5) Hauling 30 6) Disposal of excess materials 31 7) Furnishing, placement and compaction of backfill 32 8) Clean-up 33 6. Fire Hydrant Removal and Salvage 34 a. Measurement 35 1) Measurement for this Item will be per each fire hydrant to be removed. 36 b. Payment 37 1) The work performed and materials furnished in accordance with this Item 38 and measured as provided under "Measurement" shall be paid for at the unit 39 price bid per each "Salvage Fire Hydrant'. 40 c. The price bid shall include: 41 1) Removal and salvage of fire hydrant 42 2) Delivery to City 43 3) Pavement removal 44 4) Excavation 45 5) Hauling 46 6) Disposal of excess materials 47 7) Furnishing, placement and compaction of backfill 48 8) Clean-up 49 7. Water Meter Removal and Salvage CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 0241 I4-6 UTILITY REMOVAL/ABANDONMENT Page of 17 1 a. Measurement 2 1) Measurement for this Item will be per each water meter to be removed and 3 salvaged. 4 b. Payment 5 1) The work performed and materials furnished in accordance with this Item 6 and measured as provided under "Measurement" shall be paid for at the unit 7 price bid per each "Salvage Water Meter" for: 8 a) Various sizes 9 2) If a "Water Meter Service Relocate" is performed in accordance with 10 Section 33 12 10, removal and salvage or disposal of the existing (2-inch or 11 smaller) water meter shall be subsidiary to the cost of the "Water Meter 12 Service Relocate", no other compensation will be allowed. 13 c. The price bid shall include: 14 1) Removal and salvage of water meter 15 2) Delivery to City 16 3) Pavement removal 17 4) Excavation 18 5) Hauling 19 6) Disposal of excess materials 20 7) Furnishing, placement and compaction of backfill 21 8) Clean-up 22 8. Water Sampling Station Removal and Salvage 23 a. Measurement 24 1) Measurement for this Item will be per each water sampling station to be 25 removed. 26 b. Payment 27 1) The work performed and materials furnished in accordance with this Item 28 and measured as provided under "Measurement" shall be paid for at the unit 29 price bid per each "Salvage Water Sampling Station". 30 c. The price bid shall include: 31 1) Removal and salvage of water sampling station 32 2) Delivery to City 33 3) Pavement removal 34 4) Excavation 35 5) Hauling 36 6) Disposal of excess materials 37 7) Furnishing, placement and compaction of backfill 38 8) Clean-up 39 9. Concrete Water Vault Removal 40 a. Measurement 41 I) Measurement for this Item will be per each concrete water vault to be 42 removed. 43 b. Payment 44 1) The work performed and materials furnished in accordance with this Item 45 and measured as provided under "Measurement" shall be paid for at the unit 46 price bid per each "Remove Concrete Water Vault". 47 c. The price bid shall include: 48 1) Removal and disposal of concrete water vault 49 2) Removal, salvage and delivery of frame and cover to City, if applicable CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 024114-7 UTILITY REMOVAL/ABANDONMENT Page 7 of 17 1 3) Removal, salvage and delivery of any valves to City, if applicable 2 4) Removal, salvage and delivery of any water meters to City, if applicable 3 5) Pavement removal 4 6) Excavation 5 7) Hauling 6 8) Disposal of excess materials 7 9) Furnishing, placement and compaction of backfill 8 10) Clean-up 9 C. Sanitary Sewer Lines and Appurtenances 10 1. Abandonment of Sanitary Sewer Line by Cut and installation of Abandonment Plug 11 a. Measurement 12 1) Measurement for this Item shall be per each cut and abandonment plug 13 installed. 14 b. Payment 15 1) The work performed and materials furnished in accordance with this Item 16 and measured as provided under "Measurement" shall be paid for at the unit 17 price bid for each "Sewer Abandonment Plug" for: 18 a) Various sizes 19 c. The price bid shall include: 20 1) Furnishing and installing abandomnent plug 21 2) Pavement removal 22 3) Excavation 23 4) Hauling 24 5) CLSM 25 6) Disposal of excess material 26 7) Furnishing, placement and compaction of backfill 27 8) Clean-up 28 2. Sanitary Sewer Manhole Removal 29 a. Measurement 30 1) Measurement for this Item will be per each sanitary sewer manhole to be 31 removed. 32 b. Payment 33 1) The work performed and materials furnished in accordance with this Item 34 and measured as provided under "Measurement" shall be paid for at the unit 35 price bid per each "Remove Sewer Manhole" for: 36 a) Various diameters 37 c. The price bid shall include: 38 1) Removal and disposal of manhole 39 2) Removal, salvage and delivery of frame and cover to City, if applicable 40 3) Cutting and plugging of existing sewer lines 41 4) Pavement removal 42 5) Excavation 43 6) Hauling 44 7) Disposal of excess materials 45 8) Furnishing, placement and compaction of backfill 46 9) Clean-up 47 3. Sanitary Sewer Junction Structure Removal 48 a. Measurement CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 02 41 14-8 UTILITY REMOVAL/ABANDONMENT Page 8 of17 1 1) Measurement for this Item will be per each sanitary sewer Junction 2 structure being removed. 3 b. Payment 4 I) The work performed and materials furnished in accordance with this Item 5 and measured as provided under "Measurement" shall be paid for at the lump 6 sum bid per each "Remove Sewer Junction Box" location. 7 c. The price bid shall include: 8 1) Removal and disposal of Junction box 9 2) Removal, salvage and delivery of frame and cover to City. 10 3) Pavement removal 11 4) Excavation 12 5) Hauling 13 6) Disposal of excess materials 14 7) Furnishing, placement and compaction of backfill 15 8) Clean-up 16 D. Storm Sewer I,ines and Appurtenances 17 1. Abandonment of Storm Sewer Line by Cut and installation of Abandonment Plug 18 a. Measurement 19 1) Measurement for this Item shall be per each cut and abandonment plug to 20 be installed. 21 b. Payment 22 1) The work performed and materials furnished in accordance with this Item 23 and measured as provided under "Measurement" shall be paid for at the unit 24 price bid for each "Storm Abandonment Plug" installed for: 25 a) Various sizes 26 c. The price bid shall include: 27 1) Furnishing and installing abandonment plug 28 2) Pavement removal 29 3) Excavation 30 4) Hauling 31 5) CLSM 32 6) Disposal of excess material 33 7) Furnishing, placement and compaction of backfill 34 8) Clean-up 35 2. Storm Sewer Manhole Removal 36 a. Measurement 37 1) Measurement for this Item will be per each storm sewer manhole to be 38 removed. 39 b. Payment 40 1) The work performed and materials furnished in accordance with this Item 41 and measured as provided under "Measurement" shall be paid for at the unit 42 price bid per each "Remove Manhole Riser" for: 43 a) Various sizes 44 c. The price bid shall include: 45 1) Removal and disposal of manhole 46 2) Removal, salvage and delivery of frame and cover to City, if applicable 47 3) Pavement removal 48 4) Excavation 49 5) Hauling CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 02 41 14- 9 UTILITY REMOVAL/ABANDONMENT Page 9 of 17 1 6) Disposal of excess materials 2 7) Furnishing, placement and compaction of backfill 3 8) Clean-up 4 3. Storm Sewer Junction Box Removal 5 a. Measurement 6 1) Measurement for this Item will be per each storm sewer Junction structure 7 to be removed. 8 b. Payment 9 1) The work performed and materials furnished in accordance with this Item 10 and measured as provided under "Measurement" shall be paid for at the unit 11 price bid per each "Retnove Storm Junction Box" for: 12 a) Various sizes 13 c. The price bid shall include: 14 1) Removal and disposal of Junction box 15 2) Removal, salvage and delivery of frame and cover to City, if applicable 16 3) Pavement removal 17 4) Excavation 18 5) Hauling 19 6) Disposal of excess materials 20 7) Furnishing, placement and compaction of backfill 21 8) Clean-up 22 4. Storm Sewer Junction Structure Removal 23 a. Measurement 24 I) Measurement for this Item will be per each storm sewer Junction structure 25 being removed. 26 b. Payment 27 1) The work performed and materials furnished in accordance with this Item 28 and measured as provided under "Measurement" shall be paid for at the lump 29 sum bid per each "Remove Storm Junction Structure" location. 30 c. The price bid shall include: 31 1) Removal and disposal of junction structure 32 2) Removal, salvage and delivery of frame and cover to City, if applicable 33 3) Pavement removal 34 4) Excavation 35 5) Hauling 36 6) Disposal of excess materials 37 7) Furnishing, placement and compaction of backlit! 38 8) Clean-up 39 5. Storm Sewer Inlet Removal 40 a. Measurement 41 1) Measurement for this Item will be per each storm sewer inlet to be 42 removed. 43 b. Payment 44 l) The work performed and materials furnished in accordance with this Item 45 and measured as provided under "Measurement" shall be paid for at the unit 46 price bid per each "Remove Storm Inlet" for: 47 a) Various types 48 b) Various sizes 49 c. The price bid shall include: ci ry OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 024114-10 U ILI"I Y REMOVAL/ABANDONMENT Page 10 of 17 1) Removal and disposal of inlet 2 2) Pavement removal 3 3) Excavation 4 4) Hauling 5 5) Disposal of excess materials 6 6) Furnishing, placement and compaction of backfill 7 7) Clean-up 8 6. Storm Sewer Junction Box Removal 9 a. Measurement 10 1) Measurement for this Item shall be per linear foot of existing storm sewer 11 box to be removed. 12 b. Payment 13 1) The work performed and materials furnished in accordance with this Item 14 and measured as provided under "Measurement" shall be paid for at the unit 15 price bid per linear foot of "Remove Storm Junction Box" for all sizes. 16 c. The price bid shall include: 17 1) Removal and disposal of Storm Sewer Box 18 2) Pavement removal 19 3) Excavation 20 4) Hauling 21 5) Disposal of excess materials 22 6) Furnishing, placement and compaction of backfill 23 7) Clean-up 24 7. headwall/SET Removal 25 a. Measurement 26 1) Measurement for this Item will be per each headwall or safety end 27 treatment (SET) to be removed. 28 b. Payment 29 1) The work performed and materials furnished in accordance with this Item 30 and measured as provided under "Measurement" shall be paid for at the unit 31 price bid per each "Remove Headwall/SET". 32 c. The price bid shall include: 33 I) Removal and disposal of Headwall/SET 34 2) Pavement removal 35 3) Excavation 36 4) Hauling 37 5) Disposal of excess materials 38 6) Furnishing, placement and compaction of backfill 39 7) Clean-up 40 8. Trench Drain Removal 41 a. Measurement 42 1) Measurement for this Item shall be per linear foot of storm sewer trench 43 drain to be removed. 44 b. Payment 45 1) The work performed and materials furnished in accordance with this Item 46 and measured as provided under "Measurement" shall be paid for at the unit 47 price bid per linear foot of"Remove Trench Drain" for: 48 a) Various sizes 49 c. The price bid shall include: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 024114-11 UTILITY REMOVAL/ABANDONMENT Page 11 of 17 I I) Removal and disposal of storm sewer line 2 2) Pavement removal 3 3) Excavation 4 4) Hauling 5 5) Disposal of excess materials 6 6) Furnishing, placement and compaction of back611 7 7) Clean-up 8 1.3 REFERENCES [NOT USED] 9 1.4 ADMINISTRATIVE REQUIREMENTS 10 A. Coordination 1 1 1. Contact Inspector and the Water Department Field Operation Storage Yard for 12 coordination of salvage material return. 13 1.5 SUBMITTALS [NOT USED] 14 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 15 1.7 CLOSEOUT SUBMITTALS [NOT USED] 16 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 17 1.9 QUALITY ASSURANCE [NOT USED] 18 1.10 DELIVERY, STORAGE, AND HANDLING 19 A. Storage and Handling Requirements 20 1. Protect and salvage all materials such that no damage occurs during delivery to the 21 City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 02 41 14 - 12 UTILITY REMOVAL/ABANDONMENT Page 12 of 17 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS 4 2.1 OWNER -FURNISHED loi] OWNER -SUPPLIED PRODUCTS [NOT USED] 5 2.2 MATERIALS 6 2.3 ACCESSORIES [NOT USED] 7 2.4 SOURCE QUALITY CONTROL [NOT USED] 8 PART 3- EXECUTION 9 3.1 INSTALLERS [NOT USED] 10 3.2 EXAMINATION [NOT USED] 11 3.3 PREPARATION [NOT USED] 12 3.4 REMOVAL, SALVAGE, AND ABANDONMENT 13 A. General 14 1. Manhole Abandonment 15 a. All manholes that are to be taken out of service are to be removed unless 16 specifically requested and/or approved by City. 17 b. Excavate and backfill in accordance with Section 33 05 10. 18 c. Remove and salvage manhole frame and cover as coordinated with City. 19 d. Deliver salvaged material to the City. 20 e. Cut and plug sewer lines to be abandoned. 21. f. Backfill manhole void in accordance with City Standard Details. 22 B. Water Lines and Appurtenances 23 1. Water Line Pressure Plugs 24 a. Ductile Iron Water Lines 25 1) Excavate, embed, and backfill in accordance with Section 33 05 10. 26 2) Plug with an MJ Plug with mechanical restraint and blocking in accordance 27 with Section 33 11 11. 28 3) Perform Cut and Plug in accordance with Section 33 12 25. 29 b. PVC C900 and C905 Water Lines 30 1) Excavate, embed, and backfill in accordance with Section 33 05 10. 31 2) Plug with an MJ Plug with mechanical restraint and blocking in accordance 32 with Section 33 11 11. 33 3) Perform Cut and Plug in accordance with Section 33 12 25. 34 c. Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type Water Lines 35 I) Excavate, embed, and backfill in accordance with Section 33 05 10 36 2) Plug using: 37 a) A fabricated plug restrained by welding or by a Snap Ring in 38 accordance with Section 33 11 13; or CITY OF FORT WORTH STANDARD CONSTRUCiION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CON IRACr 2022 City Project No. 104346 024114-13 UTILITY REMOVAL/ABANDONMENT Page 13 of 17 1 b) A blind flange in accordance with Section 33 11 13 2 3) Perform Cut and Plug in accordance with Section 33 12 25. 3 d. Buried Steel Water Lines 4 1) Excavate, embed, and backfill in accordance with Section 33 05 10. 5 2) Plug using: 6 a) A fabricated plug restrained by welding in accordance with Section 33 7 11 14; or 8 b) A blind flange in accordance with Section 33 11 14 9 3) Perform Cut and Plug in accordance with Section 33 12 25. 10 2. Water Line Abandonment Plug 11 a. Excavate and backfill in accordance with Section 33 05 10. 12 b. Plug with CLSM in accordance with Section 03 34 13. 13 3. Water Line Abandonment by Grouting 14 a. Excavate and backfill in accordance with Section 33 05 10. 15 b. Dewater from existing line to be grouted. 16 c. Fill line with Low Density Cellular Grout in accordance with Section 33 05 24 17 or CLSM in accordance with 03 34 13. 18 d. Dispose of any excess material. 19 4. Water Line Removal 20 a. Excavate and backfill in accordance with Section 33 05 10. 21 b. Cut existing line from the utility system prior to removal. 22 c. Cut any services prior to removal. 23 d. Remove existing pipe line and properly dispose as approved by City. 24 5. Water Valve Removal 25 a. Excavate and backfill in accordance with Section 33 05 10. 26 b. Remove and dispose of valve bonnet, wedge and stem. 27 c. Fill valve body with CLSM in accordance with Section 03 34 13. 28 6. Water Valve Removal and Salvage 29 a. Excavate and backfill in accordance with Section 33 05 10. 30 b. Remove valve bonnet, wedge and stem. 31 c. Deliver salvaged material to the Water Department Field Operation Storage 32 Yard. 33 d. Protect salvaged materials from damage. 34 e. Fill valve body with CLSM in accordance with Section 03 34 13. 35 7. Water Valve Abandonment 36 a. Excavate and backfill in accordance with Section 33 05 10. 37 b. Remove the top 2 feet of the valve stack and any valve extensions. 38 c. Fill the remaining valve stack with CLSM in accordance with Section 03 34 13. 39 8. Fire Hydrant Removal and Salvage 40 a. Excavate and backfill in accordance with Section 33 05 10. 41 b. Remove Fire Hydrant. 42 c. Place abandonment plug on fire hydrant lead line. 43 d. Deliver salvaged fire hydrant to the Water Department Field Operation Storage 44 Yard. 45 e. Protect salvaged materials from damage. 46 9. Water Meter Removal and Salvage 47 a. Remove and salvage water meter. 48 b. Return salvaged meter to Project Representative. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 024114-14 UTILITY REMOVAL/ABANDONMENT Page 14 of 17 c. City will provide replacement meter for installation. 2 d. Meter Box and Lid 3 1) Remove and salvage cast iron meter box lid. 4 2) Remove and dispose of any non -cast iron meter box lid. 5 3) Return salvaged material to the Water Department Field Operation Storage 6 Yard. 7 4) Remove and dispose of meter box. 8 10. Water Sample Station Removal and Salvage 9 a. Remove and salvage existing water sample station. 10 b. Deliver salvaged material to the Water Department Field Operation Storage 11 Yard. 12 11. Concrete Water Vault Removal 13 a. Excavate and backfill in accordance with Section 33 05 10. 14 b. Remove and salvage vault lid. 15 c. Remove and salvage valves. 16 d. Remove and salvage meters. 17 e. Deliver salvaged material to the Water Department Field Operation Storage 18 Yard. 19 f. Remove and dispose of any piping or other appurtenances. 20 g. Demolish and remove entire concrete vault. 21 h. Dispose of all excess materials. 22 12. Cathodic Test Station Abandonment 23 a. Excavate and backfill in accordance with Section 33 05 10 24 b. Remove the top 2 feet of the cathodic test station stack and contents. 25 c. Fill any remaining voids with CLSM in accordance with Section 03 34 13. 26 C. Sanitary Sewer Lines and Appurtenances 27 1. Sanitary Sewer Line Abandonment Plug 28 a. Excavate and backfill in accordance with Section 33 05 10. 29 b. Remove and dispose of any sewage. 30 c. Plug with CLSM in accordance with Section 03 34 13. 31 2. Sanitary Sewer Line Abandonment by Grouting 32 a. Excavate and backfill in accordance with Section 33 05 10. 33 b. Dewater and dispose of any sewage from the existing line to be grouted. 34 c. Fill line with Low Density Cellular Grout in accordance with Section 33 05 24 35 or CLSM in accordance with 03 34 13. 36 d. Dispose of any excess material. 37 3. Sanitary Sewer Line Removal 38 a. Excavate and backfill in accordance with Section 33 05 10. 39 b. Cut existing line from the utility system prior to removal. 40 c. Cut any services prior to removal. 41 d. Remove existing pipe line and properly dispose as approved by City. 42 4. Sanitary Sewer Manholes Removal 43 a. All sanitary sewer manholes that are to be taken out of service are to be 44 removed unless specifically requested and/or approved by City. 45 b. Excavate and backfill in accordance with Section 33 05 10. 46 c. Remove and salvage manhole frame and cover. 47 d. Deliver salvaged material to the Water Department Field Operation Storage. 48 e. Demolish and remove entire concrete tnanhole. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CON IT2ACT 2022 City Project No. 104346 024114-15 UTILITY REMOVAL/ABANDONMENT Page 15 of 17 1 f. Cut and plug sewer lines to be abandoned. 2 5. Sanitary Sewer Junction Structure Removal 3 a. Excavate and backfill in accordance with Section 33 05 10. 4 b. Remove and salvage manhole frame and cover. 5 c. Deliver salvaged material to the Water Department Field Operation Storage. 6 d. Demolish and remove entire concrete manhole. 7 e. Cut and plug sewer lines to be abandoned. 8 D. Storm Sewer Lines and Appurtenances 9 1. Storm Sewer Abandonment Plug 10 a. Excavate and backfill in accordance with Section 33 05 10. 11 b. Dewater line. 12 c. Plug with CLSM in accordance with Section 03 34 13. 13 2. Storm Sewer Line Abandonment by Grouting 14 a. Excavate and backfill in accordance with Section 33 05 10. 15 b. Dewater the existing line to be grouted. 16 c. Fill line with Low Density Cellular Grout in accordance with Section 33 05 24 17 or CLSM in accordance with 03 34 13. 18 d. Dispose of any excess material. 19 3. Storm Sewer Line Removal 20 a. Excavate and backfill in accordance with Section 33 05 10. 21 b. Remove existing pipe line and properly dispose as approved by City. 22 4. Storm Sewer Manhole Removal 23 a. All storm sewer manholes that are to be taken out of service are to be removed 24 unless specifically requested and/or approved by City. 25 b. Excavate and backfill in accordance with Section 33 05 10. 26 c. Demolish and remove entire concrete manhole. 27 d. Cut and plug storm sewer lines to be abandoned. 28 5. Storm Sewer Junction Box and/or Junction Structure Removal 29 a. Excavate and backfill in accordance with Section 33 05 10. 30 b. Demolish and remove entire concrete structure. 31 c. Cut and plug storm sewer lines to be abandoned. 32 6. Storm Sewer Inlet Removal 33 a. Excavate and backfill in accordance with Section 33 05 10. 34 b. Demolish and remove entire concrete inlet. 35 c. Cut and plug storm sewer lines to be abandoned. 36 7. Storm Sewer Box Removal 37 a. Excavate and backfill in accordance with Section 33 05 10. 38 b. Cut existing line from the utility system prior to removal. 39 c. Cut any services prior to removal. 40 d. Remove existing pipe line and properly dispose as approved by City. 41 8. Headwall/SET Removal 42 a. Excavate and backfill in accordance with Section 33 05 10. 43 b. Demolish and remove entire concrete inlet. 44 c. Cut and plug storm sewer lines to be abandoned. 45 9. Storm Sewer Trench Drain Removal 46 a. Excavate and backfill in accordance with Section 33 05 10. 47 b. Remove existing pipe line and dispose as approved by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 3.5 REPAIR / RESTORATION [NOT USED] 2 3.6 RE -INSTALLATION [NOT USED] 3 3.7 FIELD loR] SITE QUALITY CONTROL 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES [NOT USED] 8 3.12 PROTECTION [NOT USED] 9 3.13 MAINTENANCE [NOT USED] 10 3.14 ATTACHMENTS [NOT USED] 11 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 02 41 14 - 16 UTILITY REMOVAL/ABANDONMENT Page 16 of 17 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 02 41 14 - 17 UTILITY REMOVAL/ABANDONMENT Page 17 of 17 I END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/12 D. Johnson 1.2.C.3.c. — Include Frame and Cover in Payment description Throughout — added abandonment of storm and sewer manholes when requested and/or approved by City CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 32 17 23 PAVEMENT MARKINGS 321723-1 PAVEMENT MARKINGS Page l ofll 5 A.Section Includes: 6 I . Pavement Markings 7 a. Thermoplastic, hot -applied, spray (HAS) pavement markings 8 b. Thermoplastic, hot -applied, extruded (HAE) pavement markings 9 c. Preformed polymer tape 10 d. Preformed heat -activated thermoplastic tape I I e. Preformed Contrast Markings 12 2. Raised markers 13 3. Work zone markings 14 4. Removal of pavement markings and markers 15 B.Deviations from this City of Fort Worth Standard Specification 16 1. For Miscellaneous Water and Sewer Contracts, all Pavement Marking repairs and replacements shall be subsidiary to the appropriate pavement repair bid item. 17 C.Related Specification Sections include, but are not necessarily limited to: 18 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 19 2. Division I —General Requirements 20 1.2 PRICE AND PAYMENT PROCEDURES 21 A.Measurement and Payment 22 1. Pavement Markings 23 a. Measurement 24 1) Measurement for this Item shall be per linear foot of material placed. 25 b. Payment 26 1) The work performed and materials furnished in accordance with this Item 27 and measured as provided under "Measurement" shall be paid for at the unit 28 price bid per linear foot of"Pvmt Marking" installed for: 29 a) Various Widths 30 b) Various Types 31 c) Various Materials 32 d) Various Colors 33 c. The price bid shall include: 34 1) Installation of Pavement Marking 35 2) Glass beads, when required 36 3) Surface preparation 37 4) Clean-up 38 5) Testing (when required) 39 2. Legends 40 a. Measurement 41 1) Measurement for this Item shall be per each Legend installed. CITY OF FORT WORTH SANITARY SEWER EMERGENCY STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RESPONSE CONTRACT 2022 Revised June 10, 2022 City Project No. 104346 32 17 23 - 2 PAVEMENT MARKINGS Page 2 of 11 1 b. Payment 2 1) The work performed and materials furnished in accordance with this Item 3 shall be paid for at the unit price bid per each "Legend" installed for: 4 a) Various types 5 b) Various applications 6 c. The price bid shall include: 7 1) Installation of Pavement Marking 8 2) Glass beads, when required 9 3) Surface preparation 10 4) Clean-up 11 5) Testing 12 3. Preformed Thermoplastic — Contrast Markings 13 a. Measurement 14 1) Measurement for this Item shall be per linear foot of material placed or per 15 each for legend items 16 b. Payment 17 1) The work performed and materials furnished in accordance with this Item 18 shall be paid for at the unit price bid per linear foot or per each for legends for 19 "Preformed Thermoplastic — Contract Markings" installed for: 20 a) Various Widths 21 b) Various Types 22 c) Various Applications 23 c. The price bid shall include: 24 1) Installation of Contrast Markings, including solid black and solid white or 25 yellow material as preformed 26 2) Railroad Legend shall include X and RR legend markings and three 24" 27 stop bars 28 3) Surface preparation 29 4) Clean-up 30 5) Testing 31 4. Raised Markers 32 a. Measurement 33 1) Measurement for this Item shall be per each Raised Marker installed. 34 b. Payment 35 1) The work performed and materials furnished in accordance with this Item 36 shall be paid for at the unit price bid per each "Raised Marker" installed for: 37 a) Various types 38 c. The price bid shall include: 39 1) Installation of Raised Markers 40 2) Surface preparation 41 3) Clean-up 42 4) Testing 43 5. Work Zone Tab Markers 44 a. Measurement 45 1) Measurement for this Item shall be per each Tab Marker installed. 46 b. Payment 47 1) The work performed and materials furnished in accordance with this Item 48 shall be paid for at the unit price bid per each "Tab Marker" installed for: 49 a) Various types CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 321723-3 PAVEMENT MARKINGS Page 3 of 11 1 c. The price bid shall include: 2 1) Installation of Tab Work Zone Markers 3 6. Fire Lane Markings 4 a. Measurement 5 1) Measurement for this Item shall be per the linear foot. 6 b. Payment 7 1) The work performed and materials furnished in accordance with this Item 8 and measured as provided under "Measurement" shall be paid for at the unit 9 price bid per linear foot of"Fire Lane Marking" installed. 10 c. The price bid shall include: 11 1) Surface preparation 12 2) Clean-up 13 3) Testing 14 7. Pavement Marking Removal 15 a. Measurement 16 1) Measure for this Item shall be per linear foot. 17 b. Payment 18 1) The work performed and materials furnished in accordance with this Item 19 and measured as provided under "Measurement" shall be paid for at the unit 20 price bid per linear foot of "Remove Pvmt Marking" performed for: 21 a) Various widths 22 c. The price bid shall include: 23 1) Removal of Pavement Markings 24 2) Clean-up 25 8. Raised Marker Removal 26 a. Measurement 27 1) Measurement for this Item shall be per each Pavement Marker removed. 28 b. Payment 29 1) The work performed and materials furnished in accordance with this Item 30 shall be paid for at the unit price bid per each "Remove Raised Marker" 31 performed. 32 c. The price bid shall include: 33 1) Removal of each Marker 34 2) Disposal of removed materials 35 3) Clean-up 36 9. Legend Removal 37 a. Measurement 38 1) Measure for this Item shall be per each Legend removed. 39 b. Payment 40 1) The work performed and materials furnished in accordance with this Item 41 and measured as provided under "Measurement" shall be paid for at the unit 42 price bid per linear foot of "Remove Legend" performed for: 43 a) Various types 44 b) Various applications 45 c. The price bid shall include: 46 1) Removal of Pavement Markings 47 2) Clean-up CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 32 1723-4 PAVEMENT MARKINGS Page of I I 1.3 REFERENCES 2 A.Reference Standards 3 1. Reference standards cited in this Specification refer to the current reference 4 standard published at the time of the latest revision date logged at the end of this 5 Specification, unless a date is specifically cited. 6 2. Texas Manual on Uniform Traffic Control Devices (MUTCD) 2011 Edition 7 a. Part 3, Markings 8 3. American Association of State Highway and Transportation Officials (AASI-ITO) 9 a. Standard Specification for Glass Beads Used in Pavement Markings, M 247-09 10 4. Federal Highway Administration (FHWA) 11 a. 23 CFR Part 655, FHWA Docket No. FHWA-2009-0139 12 5. Texas Department of Transportation (TxDOT) 13 a. DMS-4200, Pavement Markers (Reflectorized) 14 b. DMS-4300, Traffic Buttons 15 c. DMS-8220, Hot Applied Thermoplastic 16 d. DMS-8240, Permanent Prefabricated Pavement Markings 17 e. DMS-8241, Removable Prefabricated Pavement Markings 18 f. DMS-8242, Temporary Flexible -Reflective Road Marker Tabs 19 1.4 ADMINISTRATIVE REQUIREMENTS INOT USED] 20 1.5 SUBMITTALS 21 A.Submittals shall be in accordance with Section 01 33 00. 22 B.AII submittals shall be approved by the City prior to delivery and/or fabrication for 23 specials. 24 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 25 1.7 CLOSEOUT SUBMITTALS [NOT USED] 26 1.8 MAINTENANCE MATERIAL SUBMTTTALS [NOT USED] 27 1.9 QUALITY ASSURANCE [NOT USED] 28 1.10 DELIVERY, STORAGE, AND HANDLING 29 A.Storage and Handling Requirements 30 I. The Contractor shall secure and maintain a location to store the material in 31 accordance with Section 01 50 00. 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART2- PRODUCTS 35 2.1 OWNER -SUPPLIED PRODUCTS 36 A.New Products 37 1. Refer to Drawings to determine if there are owner -supplied products for the Protect. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 32 17 23 -5 PAVEMENT MARKINGS Page of 11 I 2.2 MATERIALS 2 A.Manufacturers 3 1. Only the manufacturers as listed in the City's Standard Products List will be 4 considered as shown in Section 01 60 00. 5 a. The manufacturer must comply with this Specification and related Sections. 6 2. Any product that is not listed on the Standard Products List is considered a 7 substitution and shall be submitted in accordance with Section 01 25 00. 8 B.Materials 9 1. Pavement Markings 10 a. Thermoplastic, hot applied, spray 11 1) Refer to Drawings and City Standard Detail Drawings for width of 12 longitudinal lines. 13 2) Product shall be especially compounded for traffic markings. 14 3) When placed on the roadway, the markings shall not be slippery when wet, 15 lift from pavement under normal weather conditions nor exhibit a tacky 16 exposed surface. 17 4) Cold ductility of the material shall permit normal road surface expansion 18 and contraction without chipping or cracking. 19 5) The markings shall retain their original color, dimensions and placement 20 under normal traffic conditions at road surface temperatures of 158 degrees 21 Fahrenheit and below. 22 6) Markings shall have uniform cross-section, clean edges, square ends and no 23 evidence of tracking. 24 7) The density and quality of the material shall be uniform throughout the 25 markings. 26 8) The thickness shall be uniform throughout the length and width of the 27 markings. 28 9) The markings shall be 95 percent free of holes and voids, and free of 29 blisters for a minimum of 60 days after application. 30 10) The material shall not deteriorate by contact with sodium chloride, calcium 31 chloride or other chemicals used to prevent roadway ice or because of the oil 32 content of pavement markings or from oil droppings or other effects of traffic. 33 11) The material shall not prohibit adhesion of other thermoplastic markings if, 34 at some future time, new markings are placed over existing material. 35 a) New material shall bond itself to the old line in such a manner that no 36 splitting or separation takes place. 37 12) The markings placed on the roadway shall be completely retroreflective 38 both internally and externally with traffic beads and shall exhibit uniform 39 retro-directive reflectance. 40 13) Traffic beads 41 a) Manufactured from glass 42 b) Spherical in shape 43 c) Essentially free of sharp angular particles 44 d) Essentially free of particles showing cloudiness, surface scoring or 45 surface scratching 46 e) Water white in color 47 f) Applied at a uniform rate CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 321723-6 PAVEMENT MARKINGS Page 6 of 11 g) Meet or exceed Specifications shown in AASHTO Standard 2 Specification for Glass Beads Used in Pavement Markings, AASHTO 3 Designation: M 247-09. 4 b. Thermoplastic, hot applied, extruded 5 I) Product shall be especially compounded for traffic markings 6 2) When placed on the roadway, the markings shall not be slippery when wet, 7 lift from pavement under normal weather conditions nor exhibit a tacky 8 exposed surface, 9 3) Cold ductility of the material shall permit normal road surface expansion 10 and contraction without chipping or cracking. 11 4) The markings shall retain their original color, dimensions and placement 12 under normal traffic conditions at road surface temperatures of 158 degrees 13 Fahrenheit and below. 14 5) Markings shall have uniform cross-section, clean edges, square ends and no 15 evidence of tracking. 16 6) The density and quality of the material shall be uniform throughout the 17 markings. 18 7) The thickness shall be uniform throughout the length and width of the 19 markings. 20 8) The markings shall be 95 percent free of holes and voids, and free of 21 blisters for a minimum of 60 days after application. 22 9) The minimum thickness of the marking, as measured above the plane 23 formed by the pavement surface, shall not be less than 1/8 inch in the center 24 of the marking and 3/32 inch at a distance of 'A inch from the edge. 25 10) Maximum thickness shall be 3/16 inch. 26 11) The material shall not deteriorate by contact with sodium chloride, calcium 27 chloride or other chemicals used to prevent roadway ice or because of the oil 28 content of pavement markings or from oil droppings or other effects of traffic. 29 12) The material shall not prohibit adhesion of other thermoplastic markings if, 30 at some future time, new markings are placed over existing material. New 31 material shall bond itself to the old line in such a manner that no splitting or 32 separation takes place. 33 13) The markings placed on the roadway shall be completely retroreflective 34 both internally and externally with traffic beads and shall exhibit uniform 35 retro-directive reflectance. 36 14) Traffic beads 37 a) Manufactured from glass 38 b) Spherical in shape 39 c) Essentially free of sharp angular particles 40 d) Essentially free of particles showing cloudiness, surface scoring or 41 surface scratching 42 e) Water white in color 43 f) Applied at a uniform rate 44 g) Meet or exceed Specifications shown in AASI-ITO Standard 45 Specification for Glass Beads Used in Pavement Markings, AASHTO 46 Designation: M 247-09. 47 c. Preformed Polymer Tape 48 1) Material shall meet or exceed the Specifications for SWARCO Director 35, 49 3M High Performance Tape Series 3801 ES, or approved equal. 50 d. Preformed Heat -Activated Thermoplastic Tape CITY OF FORT WORTII STANDARD CONSTRUC LION SPECIFICATION DOCUMENTS Revised June 10, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 321723-7 PAVEMENT MARKINGS Page of 11 I) Material shall meet or exceed the Specifications for HOT Tape Brand 0.125 2 mil preformed thermoplastic or approved equal. 3 2. Raised Markers 4 a. Markers shall meet the requirements of the Texas Manual on Uniform Traffic 5 Control Devices. 6 b. Non -reflective markers shall be Type Y (yellow body) and Type W (white body) 7 round ceramic markers and shall meet or exceed the TxDOT Specification 8 DMS 4300. 9 c. The reflective markers shall be plastic, meet or exceed the TxDOT Specification 10 DMS-4200 for high -volume retroreflective raised markers and be available in 11 the following types: 12 1) Type I-C, white body, 1 face reflects white 13 2) Type II -A -A, yellow body, 2 faces reflect amber 14 3) Type II-C-R, white body, 1 face reflects white, the other red 15 16 3. Work Zone Markings 17 a. Tabs 18 1) Temporary flexible -reflective roadway marker tabs shall meet requirements 19 of TxDOT DMS-8242, "Temporary Flexible -Reflective Road Marker Tabs." 20 2) Removable markings shall not be used to simulate edge lines. 21 3) No segment of roadway open to traffic shall remain without permanent 22 pavement markings for a period greater than 14 calendar days. 23 b. Raised Markers 24 1) All raised pavement markers shall meet the requirements of DMS-4200. 25 c. Striping 26 1) Work Zone striping shall meet or exceed the TxDOT Specification DMS- 27 8200. 28 2.3 ACCESSORIES [NOT USED] 29 2.4 SOURCE QUALITY CONTROL 30 A.Performance 31 1. Minimum maintained retroreflectivity levels for longitudinal markings shall meet 32 the requirements detailed in the table below for a minimum of 30 calendar days. Posted Speed (mph) <30 35-50 >55 2-lane roads with centerlineili markings only (1) a 100 250 All other roads (2) n/a 50 100 33 (I) Measured at standard 30-m geometry in units of mcd/m'/lux. 34 (2) Exceptions: 35 A. When raised reflective pavement markings (RRPMs) supplement or substitute for a 36 longitudinal line, minimum pavement marking retroreflectivity levels are not applicable as 37 long as the RRPMs are maintained so that at least 3 are visible from any position along that 38 line during nighttime conditions. 39 B. When continuous roadway lighting assures that the markings are visible, minimum 40 pavement marking retroreflectivity levels are not applicable. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 321723-8 PAVEMENT MARKINGS Page 8 or 11 1 PART 3 - EXECUTION 2 3.1 EXAMINATION [NOT USED] 3 3.2 PREPARATION 4 A.Pavement Conditions 5 1. Roadway surfaces shall be free of dirt, grease, loose and/or flaking existing 6 markings and other forms of contamination. 7 2. New Portland cement concrete surfaces shall be cleaned sufficiently to remove the 8 curing membrane. 9 3. Pavement to which material is to be applied shall be completely dry. 10 4. Pavement shall be considered dry, if, on a sunny day after observation for 15 11 minutes, no condensation develops on the underside of a 1 square foot piece of 12 clear plastic that has been placed on the pavement and weighted on the edges. 13 5. Equipment and methods used for surface preparation shall not damage the 14 pavement or present a hazard to motorists or pedestrians. 15 3.3 INSTALLATION 16 A.General 17 1. The materials shall be applied according to the manufacturer's recommendations. 18 2. Markings and markers shall be applied within temperature limits recommended by 19 the material manufacturer, and shall be applied on clean, dry pavement having a 20 surface temperature above 50 degrees Fahrenheit. 21 3. Markings that are not properly applied due to faulty application methods or being 22 placed in the wrong position or alignment shall be removed and replaced by the 23 Contractor at the Contractor's expense. If the mistake is such that it would be 24 confusing or hazardous to motorists, it shall be remedied the same day of 25 notification. Notification will be made by phone and confirmed by fax. Other 26 mistakes shall be remedied within 5 days of written notification. 27 4. When markings are applied on roadways open to traffic, care will be taken to 28 ensure that proper safety precautions are followed, including the use of signs, 29 cones, barricades, flaggers, etc. 30 5. Freshly applied markings shall be protected from traffic damage and disfigurement. 31 6. Temperature of the material must be equal to the temperature of the road surface 32 before allowing traffic to travel on it. 33 B.Pavement Markings 34 1. Thermoplastic, hot applied, spray 35 a. This method shall be used to install and replace long lines —centerlines, lane 36 lines, edge lines, turn lanes, and dots. 37 b. Markings shall be applied at a 110-mil thickness. 38 c. Markings shall be applied at a 90-mil thickness when placed over existing 39 markings. 40 d. A sealer shall be used if concrete or asphalt is older than three (3) years. 41 e. Typical setting time shall be between 4 minutes and 10 minutes depending upon 42 the roadway surface temperature and the humidity factor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 32 17 23 -9 PAVEMENT MARKINGS Page 9 of 11 f. Retroreflective raised markers shall be used to supplement the centerlines, lane 2 lines, and turn lanes. Refer to City Standard Detail Drawings for placement. 3 g. Minimum retroreflectivity of markings shall meet or exceed values shown in 4 • subparagraph 2.4.A.1 of this Specification. 5 2. Thermoplastic, hot applied, extruded 6 a. This method shall be used to install and replace crosswalks and stop -lines. 7 b. Markings shall be applied at a 125-mil thickness. 8 c. Minimum retroreflectivity of markings shall meet or exceed values shown in 9 this Specification. 10 3. Preformed Polymer Tape 11 a. This method shall be used to install and replace crosswalks, stop -lines, and 12 legends. 13 b. The applied marking shall adhere to the pavement surface with no slippage or 14 lifting and have square ends, straight lines and clean edges. 15 c. Minitnum retroreflectivity of markings shall meet or exceed values shown in 16 this Specification. 17 4. Preformed Heat -Activated Thermoplastic Tape 18 a. This method shall be used to install and replace crosswalks, stop -lines, and 19 legends. 20 b. The applied marking shall adhere to the pavement surface with no slippage or 21 lifting and have square ends, straight lines and clean edges. 22 c. Minimum retroreflectivity of markings shall meet or exceed values shown in 23 this Specification. 24 C.Raised Markers 25 I. All permanent raised pavement markers on Portland Cement roadways shall be 26 installed with epoxy adhesive. Bituminous adhesive is not acceptable. 27 2. All permanent raised pavement markers on new asphalt roadways may be installed 28 with epoxy or bituminous adhesive. 29 3. A chalk line, chain or equivalent shall be used during layout to ensure that 30 individual markers are properly aligned. All markers shall be placed uniformly 31 along the line to achieve a smooth continuous appearance. 32 D. W ork Zone Markings 33 1. Work shall be performed with as little disruption to traffic as possible. 34 2. Install longitudinal markings on pavement surfaces before opening to traffic. 35 3. Maintain lane alignment traffic control devices and operations until markings are 36 installed. 37 4. Install markings in proper alignment in accordance with the Texas MUTCD and as 38 shown on the Drawings. 39 5. Place standard longitudinal lines no sooner than 3 calendar days after the placement 40 of a surface treatment, unless otherwise shown on the Drawings. 41 6. Place markings in proper alignment with the location of the final pavement 42 markings. 43 7. Do not use raised pavement markers for words, symbols, shapes, or diagonal or 44 transverse lines. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 32 17 23 -10 PAVEMENT MARKINGS Page 10 of 11 l 8. All markings shall be visible from a distance of 300 feet in daylight conditions and 2 from a distance of at least 160 feet in nighttime conditions, illuminated by low- 3 beam automobile headlight. 4 9. The daytime and nighttime reflected color of the markings must be distinctly white 5 or yellow. 6 10. The markings must exhibit uniform retroreflective characteristics. 7 11. Epoxy adhesives shall not be used to work zone markings. 8 3,4 REMOVALS 9 1. Pavement Marking and Marker Removal 10 a. The industry's best practice shall be used to remove existing pavement markings 11 and markers. 12 b. If the roadway is being damaged during the marker removal, Work shall be 13 halted until consultation with the City. 14 c. Removals shall be done in such a matter that color and texture contrast of the 15 pavement surface will be held to a minimum. 16 d. Repair damage to asphaltic surfaces, such as spalling, shelling, etc., greater than 17 'A inch in depth resulting from the removal of pavement markings and markers. 18 Driveway patch asphalt emulsion may be broom applied to reseal damage to 19 asphaltic surfaces. 20 e. Dispose of markers in accordance with federal, state, and local regulations. 21 f. Use any of the following methods unless otherwise shown on the Drawings. 22 I) Surface Treatment Method 23 a) Apply surface treatment at rates shown on the Drawings or as directed. 24 Place a surface treatment a minimum of 2 feet wide to cover the existing 25 marking. 26 b) Place a surface treatment, thin overlay, or microsurfacing a minimum 27 of 1 lane in width in areas where directional changes of traffic are 28 involved or in other areas as directed by the City. 29 2) Burn Method 30 a) Use an approved burning method. 31 b) For thermoplastic pavement markings or prefabricated pavement 32 markings, heat may be applied to remove the bulk of the marking material 33 prior to blast cleaning. 34 c) When using heat, avoid spalling pavement surfaces. 35 d) Sweeping or Tight blast cleaning may be used to remove minor residue. 36 3) Blasting Method 37 a) Use a blasting method such as water blasting, abrasive blasting, water 38 abrasive blasting, shot blasting, slurry blasting, water -injected abrasive 39 blasting, or brush blasting as approved. 40 b) Remove pavement markings on concrete surfaces by a blasting method 41 only. 42 4) Mechanical Method 43 a) Use any mechanical method except grinding. 44 b) Flail milling is acceptable in the removal of markings on asphalt and 45 concrete surfaces. 46 2. If a location is to be paved over, no additional compensation will be allowed for 47 marking or marker removal. CITY OF FORT WORTH STANDARD CONSTRUCTION S Revised June 10, 2022 CIFICATION DOCUMENTS SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 321723-11 PAVEMENT MARKINGS Page 11 of 11 I 3.5 REPAIR / RESTORATION [NOT USED] 2 3.6 RE -INSTALLATION [NOT USED] 3 3.7 FIELD QUALITY CONTROL 4 A.AII lines must have clean edges, square ends, and be uniform cross-section. 5 B.The density and quality of markings shall be uniform throughout their thickness. 6 C.The applied markings shall have no more than 5 percent, by area, of holes or voids and 7 shall be free of blisters. 8 3.8 SYSTEM STARTUP [NOT USED] 9 3.9 ADJUSTING [NOT USED] l0 3.10 CLEANING l 1 A.Contractor shall clean up and remove all loose material resulting from construction 12 operations. 13 3.11 CLOSEOUT ACTIVITIES [NOT USED] 14 3.12 PROTECTION [NOT USED] 15 3.13 MAINTENANCE [NOT USED] 16 3.14 ATTACHMENTS [NOT USED] 17 END OF SECTION 18 19 Revision Log NAME SUMMARY OF CHANGE DATE 11/22/13 S. Arnold Removed paint type marking, updated references, added sealer language 6/10/22 M Owen 1.1 A and 1.2 A — Revised to address preformed "contrast" pavement markings CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10,2022 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 SECTION 32 31 13 CHAIN LINK FENCE AND GATES 323113-I CHAIN LINK FENCE AND GATES Page 1 of 7 3 PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Galvanized coated chain link (non -security) fencing and accessories in accordance 7 with the City's Zoning Ordinance. 8 2. Wrought iron fencing and accessories 9 3. Steel tube fencing and accessories 10 4. On utility projects: 1 I a. When existing fence is within the project Site (i.e. parallel to the utility trench 12 and/or within utility easement) and is directly disturbed by construction 13 activities, fencing will be paid for as listed in Article 1.2 below. l4 b. When existing fence is crossing the proposed utility trench, the work performed 15 and materials furnished in accordance with fence replacement will be 16 considered subsidiary to the trench and no other compensation will be allowed. 17 c. When existing fence is outside of the limits of the project Site or is identified as 18 protected on the Drawings and is disturbed and/or by construction activities, 19 replacement will be at the expense of the Contractor and no other compensation 20 will be allowed. 21 B. Deviations from this City of Fort Worth Standard Specification 22 1. For Miscellaneous Water and Sewer Contracts, fence repair/replacements 23 shall be subsidiary to the price bid per linear foot of pipe. No additional 24 compensation will be allowed. 25 C. Related Specification Sections include, but are not necessarily limited to: 26 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 27 2. Division I - General Requirements 28 1.2 PRICE AND PAYMENT PROCEDURES 29 A. Measurement and Payment 30 1. Chain Link Fence 31 a. Measurement 32 1) Measurement for this Item shall be by the linear foot of Chain Link Fence 33 installed. 34 b. Payment 35 1) The work performed and materials furnished in accordance with this Item 36 and measured as provided under "Measurement" will be paid for at the unit 37 price bid per linear foot of Chain Link Fence installed for various: 38 a) Heights 39 b) Fabric materials 40 c. The price bid shall include: 41 1) Furnishing and installing all fence and gate materials 42 2) Mow strip, if shown in Drawings 43 3) Cleanup CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 32 31 13-2 CHAIN LINK FENCE AND GATES Page 2 of 7 4) Hauling 2 2. Wrought Iron Fence 3 a. Measurement 4 1) Measurement for this Item shall be by the linear foot of Wrought Iron 5 Fence installed. 6 b. Payment 7 1) The work performed and materials furnished in accordance with this Item 8 and measured as provided under "Measurement" will be paid for at the unit 9 price bid per linear foot of Wrought Iron Fence installed for various 10 heights. I I c. The price bid shall include: 12 1) Furnishing and installing all fence and gate materials 13 2) Mow strip, if shown in Drawings 14 3) Cleanup 15 4) Hauling 16 3. Steel Tube Fence 17 a. Measurement 18 I) Measurement for this Item shall be by the linear foot of Steel Tube Fence 19 installed. 20 b. Payment 21 1) The work performed and materials furnished in accordance with this Item 22 and measured as provided under "Measurement" will be paid for at the unit 23 price bid per linear foot of Steel Tube Fence installed for various heights. 24 c. The price bid shall include: 25 I) Furnishing and installing all fence and gate materials 26 2) Mow strip, if shown in Drawings 27 3) Cleanup 28 4) Hauling 29 1.3 REFERENCES 30 A. Reference Standards 31 1. Reference standards cited in this specification refer to the current reference standard 32 published at the time of the latest revision date logged at the end of this 33 specification, unless a date is specifically cited. 34 2. American Society for Testing and Materials (ASTM): 35 a. A 36, Standard Specification for Carbon Structural Steel 36 b. A 123, Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron 37 and Steel Products 38 c. A 392, Standard Specification for Zinc -Coated Steel Chain -Link Fence Fabric 39 d. A 500, Standard Specification for Cold -Formed Welded and Seamless Carbon 40 Steel Structural Tubing in Rounds and Shapes 41 c. F 626, Standard Specification for Fence Fittings 42 f. F 1043, Standard Specification for Strength and Protective Coatings on Steel 43 Industrial Chain Link Fence Framework 44 g. F 1083, Standard Specification for Pipe, Steel, Hot -Dipped Zinc -Coated 45 (Galvanized) Welded, for Fence Structures 46 h. F 1183, Specification for Aluminum Alloy Chain Link Fence Fabric CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 3231 13-3 CHAIN LINK FENCE AND GATES Page 3 of7 I 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 2 1.5 ACTION SUBMITTALS 3 A. Shop drawings 4 1. Layout of fences and gates with dimensions, details, and finishes of components, 5 accessories and post foundations if requested by the City. 6 B. Product data 7 1. Manufacturer's catalog cuts indicating material compliance and specified options. 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] I I 1.9 QUALITY ASSURANCE [NOT USED] 12 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY [NOT USED] 15 PART2- PRODUCTS 16 2.1 OWNER -FURNISHED [NOT USED] 17 2.2 MANUFACTURED UNITS / MATERIALS 18 A. Manufacturer 19 1. Minimum of 5 years of experience manufacturing galvanized coated chain link 20 fencing. 21 2. Approved Manufacturer or equal: 22 a. Allied Fence, Inc. 23 b. American Fence Corp. 24 c. Anchor Fence, Inc. 25 d. Master Halco, Inc. 26 B. Materials 27 1. Chain Link Fence 28 a. General 29 1) Posts, gate frames, braces, rails, stretcher bars, truss rods and tension wire 30 shall be of steel. 31 2) Gate hinges, post caps, barbed wire supporting arms, stretcher bar bands 32 and other parts shall be of steel, malleable iron, ductile iron or equal 33 3) Post tops, rail end, ties and clips may be of aluminum. 34 4) Use only new material, or salvaged/existing material if approved by City or 35 noted on Drawings. 36 b. Steel Fabric 37 1) Fabric 38 a) No. 9 gauge 39 b) 2-inch mesh 40 (1) Commercial: both top and bottom selvages twisted and barged 41 Residential: match existing or both top and bottotn selvages knuckled CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 323113-4 CHAIN LINK FENCE AND GATES Page 4 of 7 1 (2) Furnish 1-piece fabric widths. 2 2) Fabric Finish: Galvanized, ASTM A 392, Class I, with not less than 1.2 oz. 3 zinc per square foot of surface. 4 c. Aluminum Fabric 5 1) Fabric 6 a) ASTM F 1183 7 b) No. 9 gauge 8 c) 2-inch mesh, with both top and bottom selvages twisted and barged. 9 d) Furnish I -piece fabric widths. 10 d. Steel Framing 11 1) Steel pipe - Type I 12 a) ASTM F 1083 13 b) Standard weight schedule 40 14 c) Minimum yield strength: 30,000 psi 15 d) Sizes as indicated 16 e) Hot -dipped galvanized with minimum average 1.8 oz/ft2 of coated 17 surface area 18 2) Steel pipe - Type II 19 a) ASTM F 1043, Group IC 20 b) Minimum yield strength: 50,000 psi 21 c) Sizes as indicated on Drawings 22 d) Protective coating per ASTM F 1043 23 (I) External coating Type B 24 (a) Zinc with organic overcoat 25 (b) 0.9 oz/ft2 minimum zinc coating with chromate conversion 26 coating and verifiable polymer film 27 (2) Internal coating Type B 28 (a) Minimum 0.9 oz/ft' zinc or Type D, zinc pigmented, 81 percent 29 nominal coating, minimum 3 mils 30 3) Formed steel ("C") sections: 31 a) Roll formed steel shapes complying with ASTM F 1043, Group II 32 b) Minimum yield strength: 45,000 psi (310 MPa) 33 c) Sizes as indicated on Drawings 34 d) External coating per ASTM F 1043, Type A 35 (I) Minimum average 2.0 oz/ft2 of zinc per ASTM A 123 36 4) Steel square sections 37 a) ASTM A 500, Grade B 38 b) Minimum yield strength: 40,000 psi 39 c) Sizes as indicated on Drawings 40 d) Hot -dipped galvanized with minimum 1.8 oz/ft2 of coated surface area 41 e. Accessories 42 1) Chain link fence accessories 43 a) ASTM F 626 44 b) Provide items required to complete fence system. 45 c) Galvanize each ferrous metal item and finish to match framing. 46 2) Post caps 47 a) Formed steel or cast malleable iron weather tight closure cap for 48 tubular posts. 49 b) Provide 1 cap for each post. 50 c) Cap to have provision for barbed wire when necessary. CITY OF FORT WORTH STANDARD CONS [RUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 32 31 13 -5 CI IAIN LINK FENCE AND GATES Page 5 of 7 1 d) "C" shaped line post without top rail or barbed wire supporting arms do 2 not require post caps. 3 e) Where top rail is used, provide tops to permit passage of top rail. 4 3) Top rail and rail ends 5 a) 1 5/8 inch diameter galvanized round pipe for horizontal railing 6 b) Pressed steel per ASTM F626 7 c) For connection of rail and brace to terminal posts 8 4) Top rail sleeves 9 a) 7-inch expansion sleeve with a minimum 0.137 inch wire diameter and 10 1.80 inch length spring, allowing for expansion and contraction of top 11 rail 12 5) Wire ties 13 a) 9 gauge galvanized steel wire for attachment of fabric to line posts 14 b) Double wrap 13 gauge for rails and braces. 15 c) Hog ring ties of 12-1/2 gauge for attachment 16 6) Brace and tension (stretcher bar) bands 17 a) Pressed steel 18 b) Minimum 300 degree profile curvature for secure fence post attachment 19 c) At square post provide tension bar clips. 20 7) Tension (stretcher) bars: 21 a) 1 piece lengths equal to 2 inches less than full height of fabric 22 b) Minimum cross-section of 3/16 inch x 3/4 inch 23 c) Provide tension (stretcher) bars where chain link fabric meets terminal 24 posts. 25 8) Tension wire 26 a) Galvanized coated steel wire, 6 gauge, [0.192 inch] diameter wire 27 b) Tensile strength: 75,000 psi 28 9) Truss rods & tightener 29 a) Steel rods with minimum diameter of 5/16 inch 30 b) Capable of withstanding a tension of minimum 2,000 pounds 31 10) Nuts and bolts are galvanized. 32 2. Wrought Iron Fence: specified per Drawings. 33 3. Steel Tube Fence: specified per Drawings. 34 4. Setting Materials 35 a. Concrete 36 1) Minimum 28 day compressive strength of 3,000 psi 37 2) Bagged concrete allowed. 38 b. Drive Anchors 39 1) Galvanized angles 40 2) ASTM A 36 steel 41 3) 1 inch x 1 inch x 30 inch galvanized shoe clamps to secure angles to posts. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2.3 ACCESSORIES [NOT USED] 2 2.4 SOURCE QUALITY CONTROL [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION 6 A. Verification of Conditions 7 8 323113-6 CHAIN LINK FENCE AND GATES Page 6 of 7 1. Verify areas to receive fencing are completed to final grades and elevations. 2. Ensure property lines and legal boundaries of work are clearly established 9 3.3 PREPARATION [NOT USED] 10 3.4 INSTALLATION 11 A. Chain Link Fence Framing 12 1. Locate terminal post at each fence termination and change in horizontal or vertical 13 direction of 30 degrees or more. 14 2. Space line posts uniformly at 10 feet on center. 15 3. Set all posts in concrete 16 a. Drill holes in firm, undisturbed or compacted soil. 17 b. Drill hole diameter 4 times greater than outside dimension of post. 18 c. Set post bottom 24 inches below surface when in firm, undisturbed soil. 19 d. Excavate deeper as required for adequate support in soft and loose soils, and for 20 posts with heavy lateral loads. 21 e. Place concrete around posts in a continuous pour. Trowel finish around post. 22 Slope to direct water away from posts. 23 4. Check each post for vertical and top alignment, and maintain in position during 24 placement and finishing operations. 25 5. Bracing 26 a. Install horizontal pipe brace at mid -height for fences 6 feet and toiler, on each 27 side of terminal posts. 28 b. Firmly attach with fittings. 29 c. Install diagonal truss rods at these points. 30 d. Adjust truss rod, ensuring posts remain plumb. 31 6. Tension wire 32 a. Provide tension wire at bottom of fabric and at top, if top rail is not specified. 33 b. Install tension wire before stretching fabric and attach to each post with ties. 34 c. Secure tension wire to fabric with 12-1/2 gauge hog rings 24 inches on center. 35 7. Top rail 36 a. Install lengths, 21 feet 37 b. Connect Joints with sleeves for rigid connections for expansion/contraction. 38 8. Center Rails for fabric height 12 feet and taller. 39 a. Install mid rails between posts with fittings and accessories. 40 9. Bottom Rails: Install bottom rails between posts with fittings and accessories. 41 B. Chain Link Fabric Installation 42 I. Fabric CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 32 31 13 -7 CHAIN LINK FENCE AND GATES Page 7 of 7 1 a. Install fabric on security side and attach so that fabric remains in tension after 2 pulling force is released. 3 b. Leave approximately 2 inches between finish grade and bottom selvage. 4 c. Attach fabric with wire ties to line posts at 15 inches on center and to rails, 5 braces, and tension wire at 24 inches on center. 6 2. Tension (stretcher) bars 7 a. Pull fabric taut. 8 b. Thread tension bar through fabric and attach to terminal posts with bands or 9 clips spaced maximum of 15 inches on center. 10 3. Accessories 11 a. Tie wires: Bend ends of wire to minimize hazard to persons and clothing. 12 b. Fasteners: Install nuts on side of fence opposite fabric side for added security. 13 c. Slats: Install slats in accordance with manufacturer's instructions. 14 C. Wrought Iron Installation: install per Drawings 15 D. Steel Tube Fence: install per Drawings 16 3.5 REPAIR/RESTORATION [NOT USED] 17 3.6 RE -INSTALLATION [NOT USED] 18 3.7 FIELD QUALITY CONTROL [NOT USED] 19 3.8 SYSTEM STARTUP [NOT USED] 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 28 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.1.A. modified to describe when City would pay for fence replacement on utility projects CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 3 PART 1- GENERAL 4 1.1 SUMMARY 5 6 SECTION 32 31 26 WIRE FENCE AND GATES A. Section Includes: 1. Furnish and construct fence of barbed or smooth wire. 323126-1 WIRE FENCE AND GATES Page 1 of6 7 2. On utility projects: 8 a. When existing fence is within the project Site (i.e. parallel to the utility trench 9 and/or within utility easement) and is directly disturbed by construction 10 activities, fencing will be paid for as listed in Article 1.2 below. 11 b. When existing fence is crossing the proposed utility trench, the work performed 12 and materials furnished in accordance with fence replacement will be 13 considered subsidiary to the trench and no other compensation will be allowed. 14 c. When existing fence is outside of the limits of the project Site or is identified as 15 protected on the Drawings and is disturbed and/or by construction activities, 16 replacement will be at the expense of the Contractor and no other compensation 17 will be allowed. 18 B. Deviations from this City of Fort Worth Standard Specification 19 1. For Miscellaneous Water and Sewer Contracts, fence repair/replacements 20 shall be subsidiary to the price bid per linear foot of pipe. No additional 21 compensation will be allowed. 22 C. Related Specification Sections include, but are not necessarily limited to: 23 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 24 2. Division 1 - General Requirements 25 1.2 PRICE AND PAYMENT PROCEDURES 26 A. Measurement and Payment 27 1. Wire Fence 28 a. Measurement 29 1) Measurement for this Item shall be by the linear foot of Wire Fence, 30 excluding gates. 31 b. Payment 32 I) The work performed and materials furnished in accordance with this Item 33 and measured as provided under "Measurement" will be paid for at the unit 34 price bid per linear foot of Wire fence installed for various: 35 a) Post types 36 b) Wire types 37 c) Number of Strands as specified in the Drawings 38 c. The price bid shall include: 39 1) Removal of existing fence and/or, unless specifically defined as a separate 40 pay item on Drawings 41 2) Furnishing, preparing, hauling, and installing Wire Fence 42 3) Excavation, backfilling, and disposal of surplus material 43 4) Removal and trimming of brush and tree Iimbs CITY OF FORT WOR'I'}I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 323126-2 WIRE FENCE AND GATES Page 2 of6 l 2. Steel Gates 2 a. Measurement 3 I) Measurement for this Bern shall be per each Steel Fence. 4 b. Payment 5 1) The work performed and materials furnished in accordance with this Item 6 and measured as provided under "Measurement" will be paid for at the unit 7 price bid per each Steel Gate by height. 8 c. The price bid shall include: 9 I) Removal of existing fence and/or gates, unless specifically defined as a 10 separate pay item on Drawings I I 2) Furnishing, preparing, hauling, and installing Steel Gates 12 3) Excavation, backfilling, and disposal of surplus material 13 4) Removal and trimming of brush and tree limbs 14 1.3 REFERENCES 15 A. Reference Standards 16 1. Reference standards cited in this specification refer to the current reference standard 17 published at the time of the latest revision date logged at the end of this 18 specification, unless a date is specifically cited. 19 2. American Society for Testing and Materials (ASTM): 20 a. A 702, Standard Specification for Steel Fence Posts and Assemblies, Hot 21 Wrought 22 b. A 121, Standard Specification for Metallic -Coated, Carbon Steel Barbed Wire 23 c. A 116, Standard Specification for Metallic -Coated, Steel Woven Wire Fence 24 Fabric 25 d. F 1083, Standard Specification for Pipe, Steel, Hot -Dipped Zinc -Coated 26 (Galvanized) Welded, for Fence Structures 27 3. American Wood Protection Association (AWPA) 28 a. P8/P9, Standard for Oil -Borne Preservatives 29 b. C5, Fence Posts - Preservative Treatment by Pressure Processes CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 32 31 26 -3 WIRE FENCE AND GATES Page 3 of 6 1 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 2 1.5 ACTION SUBMITTALS [NOT USED] 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMTTTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART2- PRODUCTS 11 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 12 2.2 MATERIALS 13 A. Furnish materials in accordance with details shown on the Drawings and with the 14 following requirements. 15 B. Metal Posts and Braces I6 1. Steel Pipe: ASTM F 1083 17 2. T posts: ASTM A 702 18 3. Use only new steel. Do not use rerolled or open -seam material. 19 4. Furnish galvanized steel sections in ASTM F 1083. 20 5. Painting 21 a. Use an approved anticorrosive coating. 22 b. After installation of painted posts and braces, spot -coat damaged areas with the 23 same paint color. 24 c. Use paint with at least the same anticorrosive properties as the original paint. 25 6. Use the size, weight, and area of posts, braces, and anchor plates shown on the 26 Drawings. 27 C. Wood Posts and Braces 28 1. Untreated Wood: cedar or Juniper timber 29 2. Treated Wood 30 a. AWPA standards govern materials and methods of treatments including 31 seasoning, preservatives, and inspection for treatment. 32 b. Each piece or bundle of other treated -timber products must have: 33 1) Legible brand mark or tag indicating the name of the treater 34 2) Date of treatment or lot number 35 3) AWPA treatment specification symbol 36 c. Provide the level of preservative indicated in Table 1. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 32 31 26-4 WIRE FENCE AND GATES Page 4 of 6 Table 1 2 Minimum Retention of Preservative Prorluct Penta- chlorophenol (IbJcu. ft.) AWPA Standard for 'Treatment AWPA Preservative Standard (P8/P9) Wire fence posts (round)' 0.4 CS 3 1. Retention determined by assay (O to 1.0-inch zone . 4 3. Use sound timber that is free from decay, sl akes, splits, or other defects that would 5 weaken the posts or braces or otherwise make them structurally unsuitable for the 6 purposes intended. 7 4. Knots that are sound, tight, trimmed flush, and not in clusters will be allowed, 8 provided they do not exceed 1/3 of the small diameter or the least dimension of the 9 posts and braces. 10 5. Remove spurs and splinters, cutting the ends square. 11 D. Gates and Gateposts: Furnish materials to the required dimensions. 12 E. Barbed and Smooth Wire: ASTM A 121, Class 1 13 1. Use wire consisting of 2 strand, 12 1/2 gauge, twisted wire 14 2. Barbed Wire: 2-point 14 gauge barbs spaced no more than 5 inches apart 15 F. Wire Mesh: ASTM A 116, Class 1 16 1. Top and bottom wires: at least 10 gauge wire 17 2. Intermediate wires and vertical stays: 12 1/2 gauge wire 18 G. Miscellaneous 19 1. Furnish galvanized bolts, nuts, washers, braces, straps, and suitable devices for 20 holding barbed wire and wire mesh firmly to metal posts. 21 2. Use material of good commercial quality and design. 22 3. Provide galvanized staples, at least 1 1/2 inch long. 23 H. Concrete 24 1. Minimum 28 day compressive strength of 3,000 psi 25 2. Bagged concrete allowed. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 INSTALLATION 33 A. Space fence posts as shown on the Drawings or to match existing. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 323126-5 WIRE FENCE AND GATES Page 5 of 6 1 B. Set fence posts plumb and firm at the intervals, depth, and grade shown on the 2 Drawings or to match existing. 3 C. Brace corner and pull posts in 2 directions. 4 D. Brace end posts and gateposts in 1 direction. 5 E. Install a corner post where the alignment changes 30 degrees or more. 6 F. At alignment angles between 15 and 30 degrees, brace the angle post to the adjacent 7 line posts with diagonal tension wires. 8 9 G. At grade depressions where stresses tend to pull posts out of the ground, snub or guy the fencing at the critical point with a double 9 gauge galvanized wire. l0 H. Connect the wire to the top horizontal line of the barbed wire or to the top and bottom It wire or wire mesh fabric, and to a deadman weighing at least 100 pounds. 12 I. Stretch the fence before guying and snubbing. 13 J. Install number stands at spacing shown in Drawings. 14 K. Install corner, end, or angle post assembly before stretching the wire between posts. 15 L. Connect existing cross fences to the new fences and corner posts at junctions with 16 existing fences. 17 M. While drawing barbed wire and wire fabric taut, fasten to posts using galvanized ties or 18 staples, or as shown on the Drawings. 19 N. Install pull post assemblies at 500 feet intervals for steel posts and at 1,000 feet 20 intervals for wood posts. 21 O. Drive metal line posts provided driving does not damage the posts. 22 P. Set metal corners, ends, pull posts, and braces in concrete footings a minimum of 24 23 inches and crowned at the top to shed water. 24 Q. Thoroughly tamp backfill in 4 inch layers. 25 R. Notch timber posts. 26 3.5 REPAIR/RESTORATION [NOT USED] 27 3.6 RE -INSTALLATION [NOT USED] 28 3.7 FIELD QUALITY CONTROL [NOT USED] 29 3.8 SYSTEM STARTUP [NOT USED] 30 3.9 ADJUSTING [NOT USED] 31 3.10 CLEANING [NOT USED] 32 3.11 CLOSEOUT ACTIVITIES [NOT USED] 33 3.12 PROTECTION [NOT USED] 34 3.13 MAINTENANCE [NOT USED] 35 3.14 ATTACHMENTS [NOT USED] 36 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 32 31 26 -6 WIRE FENCE AND GATES Page 6 of 6 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1 . I.A, modified to describe when City would pay for fence replacement on utility projects CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 3 PART1- GENERAL SECTION 32 3129 WOOD FENCE AND GATES 32 31 29 - I WOOD FENCE AND GATES Page 1 of 5 4 1.1 SUMMARY 5 A. Section Includes 6 1. Construction of wood fences and gates along boundaries, property lines in 7 accordance with the City's Zoning Ordinance. 8 2. On utility projects: 9 a. When existing fence is within the project Site (i.e. parallel to the utility trench 10 and/or within utility easement) and is directly disturbed by construction l I activities, fencing will be paid for as listed in Article 1.2 below. 12 b. When existing fence is crossing the proposed utility trench, the work performed 13 and materials furnished in accordance with fence replacement will be 14 considered subsidiary to the trench and no other compensation will be allowed. 15 c. When existing fence is outside of the limits of the project Site or is identified as 16 protected on the Drawings and is disturbed and/or by construction activities, 17 replacement will be at the expense of the Contractor and no other compensation 18 will be allowed. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. For Miscellaneous Water and Sewer Contracts, fence repair/replacements 21 shall be subsidiary to the price bid per linear foot of pipe. No additional 22 compensation will be allowed. 23 C. Related Specification Sections include, but are not necessarily limited to: 24 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 25 2. Division 1 - General Requirements 26 1.2 PRICE AND PAYMENT PROCEDURES 27 A. Measurement and Payment 28 1. Measurement 29 a. Measurement for this Item shall be by the linear foot of Wood Fence installed, 30 including gates. 31 2. Payment 32 a. The work performed and materials furnished in accordance with this Item and 33 measured as provided under "Measurement" will be paid for at the unit price 34 bid per linear foot of Wood Fence installed for by height. 35 3. The price bid shall include: 36 a. Furnishing all materials for fence and gates 37 b. All preparation, erection and installation of materials 38 1.3 REFERENCES 39 A. Reference Standards CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 32 31 29- 2 WOOD FENCE AND GATES Page 2 of 5 I. Reference standards cited in this specification refer to the current reference standard 2 published at the time of the latest revision date logged at the end of this 3 specification, unless a date is specifically cited. 4 2. American Society for Testing and Materials (ASTM): 5 a. A 123, Standard Specification for Zinc (Hot -Dip Galvanized) Coatings on Iron 6 and Steel Products 7 b. A 500, Standard Specification for Cold -Formed Welded and Seamless Carbon 8 Steel Structural Tubing in Rounds and Shapes 9 c. F 1043, Standard Specification for Strength and Protective Coatings on Steel 10 Industrial Chain Link Fence Framework 11 d. F 1083, Standard Specification for Pipe, Steel, Hot -Dipped Zinc -Coated 12 (Galvanized) Welded, for Fence Structures 13 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 14 1.5 SUBMITTALS IS A. Shop drawings: Layout of fences and gates with dimensions, details, and finishes of 16 components, accessories and post foundations 17 B. Product data: Manufacturer's catalog cuts indicating material compliance and specified 18 options 19 C. Building Permit: All fences over 6 feet 20 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 21 1.7 CLOSEOUT SUBMITTALS [NOT USED] 22 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 23 1.9 QUALITY ASSURANCE [NOT USED] 24 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 25 1.11 FIELD [SITE] CONDITIONS [NOT USED] 26 1.12 WARRANTY [NOT USED] 27 PART2- PRODUCTS 28 2.1 OWNER -FURNISHED PRODUCTS [NOT USED] 29 2.2 MATERIALS 30 A. General 31 I. Gate hinges and post caps shall be of steel, malleable iron, ductile iron or equal. 32 2. Post tops may be of aluminum. 33 B. Slats: Redwood or cedar free from all major decay or defects which would weaken or 34 otherwise cause them to be unsuitable for fence slats. 35 C. Bottom and Top Rail: Minimum 2-inch x 4-inch x 8-foot cedar stud or match existing. 36 D. Corner, Gate, End, or Line Posts 37 1. Wood Posts 38 a. Minimum size: 4-inch x 4-inch cedar wood post or match existing CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 323129-3 WOOD FENCE AND GATES Page 3 of 5 1 b. Free from all decay, splits, multiple cracks, or any other defect which would 2 weaken the posts or otherwise cause them to be structurally unsuitable for the 3 purpose intended 4 2. Steel Posts 5 a. Steel pipe - Type I 6 1) ASTM F 1083 7 2) Standard weight schedule 40 8 3) Minimum yield strength: 30,000 psi 9 4) Sizes as indicated on Drawings 10 5) Hot -dipped galvanized with minimum average 1.8 oz/ft2 of coated surface 11 area. 12 b. Steel pipe - Type II 13 1) ASTM F 1043, Group IC 14 2) Minimum yield strength: 50,000 psi 15 3) Sizes as indicated on Drawings 16 4) Protective coating per ASTM F 1043 17 5) External coating Type B 18 a) Zinc with organic overcoat 19 b) 0.9 oz/ft2 minimum zinc coating with chromate conversion coating and 20 verifiable polymer film 21 6) Internal coating Type B 22 a) Minimum 0.9 oz/ft2 zinc or Type D, zinc pigmented, 81 percent 23 nominal coating, minimum 3 mils 24 c. Formed steel ("C") sections 25 1) Roll formed steel shapes complying with ASTM F 1043, Group II 26 2) Minimum yield strength: 45,000 psi (310 MPa) 27 3) Sizes as indicated on Drawings 28 4) External coating per ASTM F 1043, Type A 29 a) Minimum average 2.0 oz/ft2.of zinc per ASTM A 123 30 d. Steel square sections 31 1) ASTM A 500, Grade B 32 2) Minimum yield strength: 40,000 psi 33 3) Sizes as indicated 34 4) Hot -dipped galvanized with minimum 1.8 oz/ft2 of coated surface area 35 3. Accessories 36 a. Post caps 37 1) Formed steel or cast malleable iron weather tight closure cap for tubular 38 posts. 39 2) Provide one cap for each post. 40 3) Cap to have provision for barbed wire when necessary. 41 4) "C" shaped line post without top rail or barbed wire supporting arms do not 42 require post caps. 43 5) Where top rail is used, provide tops to permit passage of top rail. 44 4. Setting Materials 45 a. Concrete 46 1) Minimum 28 day compressive strength of 3,000 psi 47 2) Bagged concrete allowed. 48 2.3 ACCESSORIES [NOT USED] CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 323129-4 WOOD FENCE AND GATES Page 4 of 5 1 2.4 SOURCE QUALITY CONTROL [NOT USED] 2 PART 3- EXECUTION 3 3.1 INSTALLERS [NOT USED] 4 3.2 EXAMINATION 5 A. Verification of Conditions 6 1. Verify areas to receive fencing are completed to final grades and elevations. 7 2. Ensure property lines and legal boundaries of work are clearly established. 8 3.3 PREPARATION [NOT USED] 9 3.4 INSTALLATION l0 A. Wood Fence Framing I 1 1. Steel Posts are required for all required screening fences. 12 2. Locate terminal post at each fence termination and change in horizontal or vertical 13 direction of 30 degrees or more. 14 3. Space line posts uniformly at 10 feet on center. 15 4. Set all posts in concrete. 16 a. Drill holes in firm, undisturbed or compacted soil. 17 b. Drill hole diameter 4 times greater than outside dimension of post (minimum 18 12 inches). 19 c. Set post bottom 24 inches below surface when in firm, undisturbed soil. 20 d. Excavate deeper as required for adequate support in soft and loose soils, and 21 for posts with heavy lateral loads. 22 e. Place concrete around posts in a continuous pour. 23 f. Trowel finish around post. Slope to direct water away from posts. 24 5. Check each post for vertical and top alignment, and maintain in position during 25 placement and finishing operations. 26 B. Slats 27 I. Place slats approximately 1 inch above the ground, and on a straight grade between 28 posts by excavating high points of the ground. 29 2. Fasten slats to top and bottom railings with 2 galvanized screws designed for wood 30 fence construction at both the top and bottom rail. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 3.5 REPAIR/RESTORATION [NOT USED] 2 3.6 RE -INSTALLATION [NOT USED] 3 3.7 FIELD QUALITY CONTROL [NOT USED] 4 3.8 SYSTEM STARTUP [NOT USED] 5 3.9 ADJUSTING [NOT USED] 6 3.10 CLEANING [NOT USED] 7 3.11 CLOSEOUT ACTIVITIES [NOT USED] 8 3.12 PROTECTION [NOT USED] 9 3.13 MAINTENANCE [NOT USED] 10 3.14 ATTACHMENTS [NOT USED] 11 END OF SECTION 12 13 32 31 29 - 5 WOOD FENCE AND GATES Page 5 of 5 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson I.I.A. modified to describe when City would pay for fence replacement on utility projects CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 1 2 33 03 10 - 1 BYPASS PUMPING OF EXISTING SEWER SYSTEMS Page 1 of5 SECTION 33 03 10 BYPASS PUMPING OF EXISTING SEWER SYSTEMS 3 PART 1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Bypass pumping of the existing sewer system, required on 18-inch and larger sewer 7 lines unless otherwise specified in the Contract Documents 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. When bypass pumping is necessary on an emergency response work order, the 10 bypass pumping may be performed and maintained by City Staff or the 11 Contractor as directed and determined by the Engineer. When City Staff 12 performs and maintains the bypass pumping, there will be no compensation to 13 the Contractor for bypass pumping. When the Engineer directs and 14 determines that the Contractor shall perform and maintain the bypass 15 pumping, the Contractor shall be paid by a calculation of time and materials. 16 The Contractor shall submit an itemized invoice for rental of equipment and a 17 staff payroll log required to perform the bypass pumping. The Contractor will 18 be paid for bypass pumping by calculating the cost for equipment rental and a 19 verified payroll log, as approved by the Engineer, plus ten percent (10%) for 20 anticipated profit. 21 C. Related Specification Sections include, but are not necessarily limited to: 22 1. Division 0 — Bidding Requirements, Contract Forms, and Conditions of the 23 Contract 24 2. Division 1 — General Requirements 25 1.2 PRICE AND PAYMENT PROCEDURES 26 A. Measurement and Payment 27 1. Measurement 28 a. Measurement for this Item will be by lump sum. 29 2. Payment 30 a. The work performed and materials furnished in accordance with this Item will 31 be paid for at the lump sum price bid for "Bypass Pumping". 32 3. The price bid shall include: 33 a. Mobilization 34 b. Development of bypass plans 35 c. Transportation and storage 36 d. Setup 37 e. Confined space entry 38 f. Plugging 39 g. Pumping 40 h. Clean up 41 i. Manhole restoration 42 I. Surface restoration CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRAC r 2022 City Project No. 104346 BYPASS PUMPING OF EXISTING SE 330310-2 R SYSTEMS Page 2 of 5 1 1.3 REFERENCES 2 A. Reference Standards 3 1. Reference standards cited in this Specification refer to the current reference 4 standard published at the time of the latest revision date logged at the end of this 5 Specification, unless a date is specifically cited. 6 2. Occupational Safety and Health Organization (OSHA). 7 1.4 ADMINISTRATIVE REQUIREMENTS 8 A. Coordination 9 1. Schedule meeting with City to review sewer shutdown prior to replacing or 10 rehabilitating any facilities. I I 2. City reserves the right to delay schedule due to weather conditions, or other 12 unexpected emergency within the sewer system. 13 3. Review bypass putnping arrangement or layout in the field with City prior to 14 beginning operations. Facilitate preliminary bypass pumping run with City staff 15 present to affirm the operation is satisfactory to the City. 16 4. After replacement or rehabilitation of facilities, coordinate the reestablishment of 17 sewer flow with City staff. 18 5. Provide onsite continuous monitoring during all bypass pumping operations using 19 one of the following methods: 20 a. Personnel on site 21 b. Portable SCADA equipment 22 1.5 SUBMITTALS 23 A. Submittals shall be in accordance with Section 01 33 00. 24 B. All submittals shall be approved by the City prior to delivery. 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 26 A. For 18-inch and larger sewer lines, submit a detailed plan and description outlining all 27 provisions and precautions that will be taken with regard to the handling of sewer 28 flows. Submit the plan to the City for approval a minimum of 7 days prior to 29 commencing work. Include the following details: 30 1. Schedule for installation and maintenance of the bypass pumping system 31 2. Staging areas for pumps 32 3. Pump sizes, capacity, number of each size, and power requirements 33 4. Calculations for static lift, friction losses, and velocity 34 5. Pump curves showing operating range and system head curves 35 6. Sewer plugging methods 36 7. Size, length, material, joint type, and method for installation of suction and 37 discharge piping 38 8. Method of noise control for each pump and/or generator, if required 39 9. Standby power generator size and location 40 10. Suction and discharge piping plan CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 330310-3 BYPASS PUMPING OF EXISTING SEWER SYSTEMS Page 3 of 5 l 11. Emergency action plan identifying the measures taken in the event of a pump 2 failure or sewer spill 3 12. Staffing plan for responding to alarm conditions identifying multiple contacts by 4 name and phone numbers (office, mobile) 5 13. A contingency plan to implement in the event the replacement or rehabilitation has 6 unexpected delays or problems 7 1.7 CLOSEOUT SUBMITTALS [NOT USED] 8 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 9 1.9 QUALITY ASSURANCE [NOT USED] 10 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 11 1.11 FIELD [SITE] CONDITIONS [NOT USED] 12 112 WARRANTY [NOT USED] 13 PART2- PRODUCTS 14 2.1 OWNER -FURNISHED loft] OWNER -SUPPLIED PRODUCTS [NOT USED] 15 2.2 EQUIPMENT 16 A. Pumping 17 1. Provide equipment that will convey 100 percent of wet weather peak flow 18 conditions. 19 2. Provide fully automatic self -priming pumps. Foot -valves or vacuum pumps are not 20 permitted for priming the system. 21 3. Pumps must be constructed to allow dry running for periods of time to account for 22 the cyclical nature of sewer flow. 23 4. Provide 1 stand-by pump for each size to be maintained on site. Place backup 24 pumps on line, isolated from the primary system by valve. 25 5. If multiple pumps are required to meet the flow requirements, provide the necessary 26 fittings and connections to incorporate multiple discharges. 27 6. Noise levels of the pumping system must follow the requirements of the City noise 28 ordinance for gas wells. 29 B. Piping 30 1. Install pipes with joints which prevent the incident of flow spillage. 31 C. Plugs or Stop Logs 32 1. Plugs 33 a. Select a plug that is made for the size and potential pressure head that will be 34 experienced. 35 b. Provide an additional anchor, support or bracing to secure plug when back 36 pressure is present. 37 c. Use accurately calibrated air pressure gauges for monitoring the inflation 38 pressure. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 33 03 10-4 BYPASS PUMPING OF EXISTING SEWER SYSTEMS Page 4 of 5 d. Place inflation gauge at location outside of confined space area. Keep the 2 inflation gauge and valve a safe distance from the plugs. 3 e. Never over inflate the plug beyond its pressure rating. 4 2. Stop Logs 5 a. Use stop log devices designed for the manhole or sewer vault structure in use. 6 b. If applicable, obtain stop logs from City that may be used on specific structures. 7 2.3 ACCESSORIES [NOT USED] 8 2.4 SOURCE QUALITY CONTROL [NOT USED] 9 PART 3- EXECUTION 10 3.1 INSTALLERS [NOT USED] 11 3.2 EXAMINATION [NOT USED] 12 3.3 PREPARATION 13 A. Locate the bypass pipelines in area to minimize disturbance to existing utilities and 14 obtain approval of those locations from the City. 15 B. Make preparations to comply with OSHA requirements when working in the presence 16 of sewer gases, oxygen -deficient atmospheres and confined spaces. 17 C. Do not begin bypass preparation and operation until City approval of the submittals 18 requested per this Specification. 19 3.4 INSTALLATION 20 A. Install and operate pumping and piping equipment in accordance to the submittals 21 provided per this Specification. 22 B. Sewer flow stoppage 23 1. Plugging 24 a. Use confined space procedures and equipment during installation when 25 necessary. 26 b. Thoroughly clean the pipe before insertion of the plug. 27 c. Insert the plug seal surface completely so it is fully supported by the pipe. 28 d. Position the plug where there are not sharp edges or protrusions that may 29 damage the plug. 30 e. Use pressure gauges for measuring inflation pressures. 31 f. Minimize upstream pressure head before deflating and removing. 32 C. Sewer flow control and monitoring 33 1. Take sufficient precautions to ensure sewer flow operations do not cause flooding 34 or damage to public or private property. The Contractor is responsible for any 35 damage resulting from bypass pumping operations. 36 2. Begin continual monitoring of the sewer system as soon as the sewer is plugged or 37 blocked. Be prepared to immediately start bypass pumping if needed due to 38 surcharge conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 330310-5 BYPASS PUMPING OF EXISTING SEWER SYSTEMS Page 5 of 5 I 3. Sewer discharge may be into another sewer manhole or appropriate vehicle or 2 container only. Do not discharge sewer into an open environment such as an open 3 channel or earthen holding facility. 4 4. Do not construct bypass facilities where vehicular traffic may travel over the 5 piping. 6 a. Provide details in the suction and discharge piping plan that accommodate both 7 the bypass facilities and traffic without disrupting either service. 8 3.5 REPAIR / RESTORATION [NOT USED] 9 3.6 RE -INSTALLATION [NOT USED] 10 3.7 FIELD [oR] SITE QUALITY CONTROL 1 l A. Field [old Site Tests and Inspections 12 1. Perform leakage and pressure tests of the bypass pumping pipe and equipment 13 before actual operation begins. Have City staff on site during tests. 14 3.8 SYSTEM STARTUP [NOT USED] 15 3.9 ADJUSTING [NOT USED] 16 3.10 CLEANING [NOT USED] 17 3.11 CLOSEOUT ACTIVITIES 18 A. Once plugging or blocking is no longer necessary, remove in such a way that permits 19 the sewer flow to slowly return to normal — preventing surge, surcharging and major 20 downstream disturbance. 21 3.12 PROTECTION [NOT USED] 22 3.13 MAINTENANCE [NOT USED] 23 3.14 ATTACHMENTS [NOT USED] 24 END OF SECTION 25 26 Revision Log NAME SUMMARY OF CHANGE DATE 12/20/2012 D. 7olmson 1.6 —Clarified submittals required for 18" and larger lines CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 330514-1 ADJUSTING MANHOLES, INLETS VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 1 of 7 1 SECTION 33 0514 2 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES 'I'O 3 GRADE 4 PART1- GENERAL 5 1.1 SUMMARY 6 A. Section Includes: 7 1. Vertical adjustments to manholes, drop inlets, valve boxes, cathodic protection test 8 stations and other miscellaneous structures to a new grade 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. 1.2 Price and Payment Procedures / A. Measurement and Payment / 2. 11 Manhole — Major Adjustment / a. Measurement: 12 1) Add — Remove existing sewer manhole concrete section and raise or lower 13 rim (Maximum 3 vertical feet) by removing the existing cone section and 14 installing a new cone section to proposed elevation. This is only applicable to 15 concrete manholes. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0 — Bidding Requirements, Contract Forms, and Conditions of the 18 Contract 19 2. Division 1 — General Requirements 20 3. Section 32 01 17 — Permanent Asphalt paving Repair 21 4. Section 32 01 29 — Concrete Paving Repair 22 5. Section 33 05 10 — Utility Trench Excavation, Embedment and Backfill 23 6. Section 33 05 13 — Frame, Cover and Grade Rings 24 7. Section 33 39 10 — Cast -in -Place Concrete Manholes 25 8. Section 33 39 20 — Precast Concrete Manholes 26 9. Section 33 12 20 — Resilient Seated (Wedge) Gate Valve 27 10. Section 33 12 21 —AWWA Rubber -Seated Butterfly Valve 28 11. Section 33 04 11 — Corrosion Control Test Station 29 12. Section 33 04 12 — Magnesion Anode Cathodic Protection System 30 1.2 PRICE AND PAYMENT PROCEDURES 31 A. Measurement and Payment 32 1. Manhole — Minor Adjustment 33 a. Measurement 34 1) Measurement for this Item shall be per each adjustment using only grade 35 rings or other minor adjustment devices to raise or lower a manhole to a 36 grade as specified on the Drawings. 37 b. Payment CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 ADJUSTING MANIlO 330514-2 S, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page of 1) The work performed and the materials furnished in accordance with this 2 Item will be paid for at the unit price bid per each "Manhole Adjustment, 3 Minor" completed. 4 c. The price bid shall include: 5 1) Pavement removal 6 2) Excavation 7 3) Hauling 8 4) Disposal of excess material 9 5) Grade rings or other adjustment device 10 6) Reuse of the existing manhole frame and cover 11 7) Furnishing, placing and compaction of embedment and backfill 12 8) Concrete base material 13 9) Permanent asphalt patch or concrete paving repair, as required 14 10) Clean-up 15 2. Manhole - Major Adjustment 16 a. Measurement 17 1) Measurement for this Item shall be per each adjustment requiring structural 18 modifications to raise or lower a manhole to a grade as specified on the 19 Drawings. 20 b. Payment 21 1) The work performed and the materials furnished in accordance with this 22 Item will be paid for at the unit price bid per each "Manhole Adjustment, 23 Major" completed. 24 c. The price bid shall include: 25 1) Pavement removal 26 2) Excavation 27 3) Hauling 28 4) Disposal of excess material 29 5) Structural modifications, grade rings or other adjustment device 30 6) Reuse of the existing manhole frame and cover 31 7) Furnishing, placing and compaction of embedment and backfill 32 8) Concrete base material 33 9) Permanent asphalt patch or concrete paving repair, as required 34 10) Clean-up 35 3. Manhole - Major Adjustment with Frame and Cover 36 a. Measurement 37 1) Measurement for this Item shall be per each adjustment requiring structural 38 modifications to raise or lower a manhole to a grade specified on the 39 Drawings or structural modifications for a manhole requiring a new frame 40 and cover, often for changes to cover diameter. 41 b. Payment 42 1) The work performed and the materials furnished in accordance with this 43 Item will be paid for at the unit price bid per each "Manhole Adjustment, 44 Major w/ Cover" completed. 45 c. The price bid shall include: 46 1) Pavement removal 47 2) Excavation 48 3) Hauling 49 4) Disposal of excess material CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 330514-3 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 3 of 7 1 5) Structural modifications, grade rings or other adjustment device 2 6) Frame and cover 3 7) Furnishing, placing and compaction of embedment and backfill 4 8) Concrete base material 5 9) Permanent asphalt patch or concrete paving repair, as required 6 10) Clean-up 7 4. Inlet 8 a. Measurement 9 I) Measurement for this Item shall be per each adjustment requiring structural 10 modifications to inlet to a grade specified on the Drawings. 11 b. Payment 12 1) The work performed and the materials furnished in accordance with this 13 Item will be paid for at the unit price bid per each "Inlet Adjustment" 14 completed. 15 c. The price bid shall include: 16 1) Pavement removal 17 2) Excavation 18 3) Hauling 19 4) Disposal of excess material 20 5) Structural modifications 21 6) Furnishing, placing and compaction of embedment and backfill 22 7) Concrete base material, as required 23 8) Surface restoration, permanent asphalt patch or concrete paving repair, as 24 required 25 9) Clean-up 26 5. Valve Box 27 a. Measurement 28 1) Measurement for this Item shall be per each adjustment to a grade specified 29 on the Drawings. 30 b. Payment 31 1) The work performed and the materials furnished in accordance with this 32 Item will be paid for at the unit price bid per each "Valve Box Adjustment" 33 completed. 34 c. The price bid shall include: 35 1) Pavement removal 36 2) Excavation 37 3) Hauling 38 4) Disposal of excess material 39 5) Adjustment device 40 6) Fut nishing, placing and compaction of embedment and backfill 41 7) Concrete base material, as required 42 8) Surface restoration, permanent asphalt patch or concrete paving repair, as 43 required 44 9) Clean-up 45 6. Cathodic Protection "Pest Station 46 a. Measurement 47 1) Measurement for this Item shall be per each adjustment to a grade specified 48 on the Drawings. 49 b. Payment CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 330514-4 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page4of7 1) The work performed and the materials furnished in accordance with this 2 Item will be paid foi at the unit price bid per each "Cathodic Protection 3 Test Station Adjustment" completed. 4 c. The price bid shall include: 5 1) Pavement i emoval 6 2) Excavation 7 3) Hauling 8 4) Disposal of excess material 9 5) Adjustment device 10 6) Furnishing, placing and compaction of embedment and backfill 11 7) Concrete base material, as required 12 8) Surface restoration, permanent asphalt patch or concrete paving repair, as 13 required 14 9) Clean-up 15 7. Fire Hydrant 16 a. Measurement 17 1) Measurement for this Item shall be per each adjustment requiring stem 18 extensions to meet a grade specified by the Drawings. 19 b. Payment 20 1) The work performed and the materials furnished in accordance with this 21 Item will be paid foi at the unit price bid per each "Fire Hydrant Stem 22 Extension" completed. 23 c. The price bid shall include: 24 1) Pavement removal 25 2) Excavation 26 3) Hauling 27 4) Disposal of excess material 28 5) Adjustment materials 29 6) Furnishing, placing and compaction of embedment and backfill 30 7) Concrete base material, as required 31 8) Surface restoration, permanent asphalt patch or concrete paving repair, as 32 required 33 9) Clean-up 34 8. Miscellaneous Structure This Item is intended for a unique structure. Biel Item 35 should include details to identify the specific structure (Le. Miscellaneous Structure 36 Adjustment, Sta. 1+00) 37 a. Measurement 38 1) Measurement for this Item shall be per each adjustment requiring structural 39 modifications to said structure to a grade specified on the Drawings. 40 b. Payment 41 1) The work performed and the materials furnished in accordance with this 42 Item will be paid foi at the unit price bid per each "Miscellaneous Structure 43 Adjustment" completed. 44 c. The price bid shall include: 45 1) Pavement 1 emoval 46 2) Excavation 47 3) Hauling 48 4) Disposal of excess material 49 5) Structural modifications CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 330514-5 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 5 of 7 6) Furnishing, placing and compaction of embedment and backfill 2 7) Concrete base material 3 8) Permanent asphalt patch or concrete paving repair, as required 4 9) Clean-up 5 1.3 REFERENCES 6 A. Definitions 7 1. Minor Adjustment 8 a. Refers to a small elevation change performed on an existing manhole where the 9 existing frame and cover are reused. 10 2. Major Adjustment 11 a. Refers to a significant elevation change performed on an existing manhole 12 which requires structural modification or when a 24-inch ring is changed to a 13 30-inch ring. 14 B. Reference Standards 15 1. Reference standards cited in this Specification refer to the current reference 16 standard published at the time of the latest revision date logged at the end of this 17 Specification, unless a date is specifically cited. 18 2. Texas Commission on Enviromnental Quality (TCEQ): l9 a. Title 30, Part I, Chapter 217, Subchapter C, Rule 217.55 — Manholes and 20 Related Structures. 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 28 1.11 FIELD [SITE] CONDITIONS [NOT USED] 29 1.12 WARRANTY [NOT USED] 30 PART 2- PRODUCTS 31 2.1 OWNER -FURNISHED Ion] OWNER -SUPPLIED PRODUCTS [NOT USED] 32 2.2 MATERIALS 33 A. Cast -in -Place Concrete 34 1. See Section 03 30 00. 35 B. Modifications to Existing Concrete Structures 36 1. See Section 03 80 00. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 330514-6 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 6 of 7 C. Grade Rings 2 1. See Section 33 05 13. 3 D. Frame and Cover 4 I. See Section 33 05 13. 5 E. Backfill material 6 1. See Section 33 05 10. 7 F. Water valve box extension 8 1. See Section 33 12 20. 9 G. Corrosion Protection Test Station 10 1. See Section 33 04 11. 11 H. Cast -in -Place Concrete Manholes 12 I. See Section 33 39 10. 13 I. Precast Concrete Manholes 14 1. See Section 33 39 20. 15 2.3 ACCESSORIES [NOT USED] 16 2.4 SOURCE QUALITY CONTROL [NOT USED] 17 PART 3 - EXECUTION 18 3.1 INSTALLERS [NOT USED] 19 3.2 EXAMINATION 20 A. Verification of Conditions 21 1. Examine existing structure to be adjusted, for damage or defects that may affect 22 grade adjustment. 23 a. Report issue to City for consideration before beginning adjustment. 24 3.3 PREPARATION 25 A. Grade Verification 26 1. On major adjustments confirm any grade change noted on Drawings is consistent 27 with field measurements. 28 a. If not, coordinate with City to verify final grade before beginning adjustment. 29 3.4 ADJUSTMENT 30 A. Manholes, Inlets, and Miscellaneous Structures 31 1. On any sanitary sewer adjustment replace 24-inch frame and cover assembly with 32 30-inch frame and cover assembly per TCEQ requirement. 33 2. On manhole major adjustments, inlets and miscellaneous structures protect the 34 bottom using wood forms shaped to fit so that no debris blocks the invert or the 35 inlet or outlet piping in during adjustments. 36 a. Do not use any more than a 2-piece bottom. 37 3. Do not extend chimney portion of the manhole beyond 24 inches. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 330514-7 ADJUSTING MANHOLES, INLETS, VALVE BOXES, AND OTHER STRUCTURES TO GRADE Page 7 of 7 1 4. Use the least number of grade t ings necessary to meet required grade. 2 a. For example, if a 1-foot adjustment is required, use 2 6-inch rings, not 6 2-inch 3 rings. 4 B. Valve Boxes 5 1. Utilize typical 3 piece adjustable valve box for adjusting to final grade as shown on 6 the Drawings. 7 C. Backfill and Grading 8 I. Backfill area of excavation surrounding each adjustment in accordance to Section 9 33 05 10. 10 D. Pavement Repair 11 I. If required pavement repair is to be performed in accordance with Section 32 01 17 12 or Section 32 01 29. 13 3.5 REPAIR / RESTORATION [NOT USED] 14 3.6 RE -INSTALLATION [NOT USED] 15 3.7 FIELD log] SITE QUALITY CONTROL [NOT USED] 16 3.8 SYSTEM STARTUP [NOT USED] 17 3.9 ADJUSTING [NOT USED] 18 3.10 CLEANING [NOT USED] 19 3.11 CLOSEOUT ACTIVITIES [NOT USED] 20 3.12 PROTECTION [NOT USED] 21 3.13 MAINTENANCE [NOT USED] 22 3.14 ATTACHMENTS [NOT USED] 23 END OF SECTION 24 Revision Log NAME SUMMARY OF CHANGE DATE 12/20/2012 D. Johnson 1.2.A —Pay item added for a major manhole adjustment which reuses the existing frame and cover and a major adjustment requiring a new frame and cover; Added items to be included in price bids; Blue text added for clarification for miscellaneous structure adjustments 3.4 — Pavement repair requirements were added CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF'ICA'CION DOCUMENTS Revised December 20, 2012 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 APPENDIX GC-4.01 Availability of Lands - None GC-4.02 Subsurface and Physical Conditions - None GC-4.04 Underground Facilities - None GC-4.06 Hazardous Environmental Condition at Site - None GC-6.06.D Minority and Women Owned Business Enterprise Compliance Business Equity —Instructions to Bidders about the Business Equity Goal Business Equity — Utilization Form M/WBE — Prime Contractor Waiver Form Business Equity —Good Faith Effort Form M/WBE — Joint Venture Eligibility Form GC-6.07 Wage Rates 2013 Prevailing Wage Rates (Heavy & Highway Construction Projects) GC-6.09 Permits and Utilities —None GC-6.24 Nondiscrimination —None GR-01 60 00 Product Requirements —None CrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 201 I SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPEC Revised July 1, 2011 'CATION DOCUMENTS SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 SANITARY SEWER EMERGENCY RESPONSE CONTRAC P 2022 City Project No. 104346 GC-4.04 Underground Facilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 GC-4.06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONS [RUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 GC-6.06.D Minority and Women Owned Business Enterprise Compliance Business Equity — Instructions to Bidders about the Business Equity Goal Business Equity — Utilization Form M/WBE — Prime Contractor Waiver Form Business Equity — Good Faith Effort Form M/WBE — Joint Venture Eligibility Form CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 FORT WORTH. City of Fort Worth Business Equity Division INSTRUCTIONS TO BIDDERS ABOUT THE BUSINESS EQUITY GOAL Bid number: Business Equity Goal: 0/0 It is the policy of the City of Fort Worth to ensure the full and equitable utilization of Business Equity Firms when appropriate, in the procurement of all goods and services. When a Business Equity Goal is established for a bid, it means that the City of Fort Worth believes that there are Business Equity Firms available that can provide goods or services requested by the bid. The Business Equity Goal for Bid number is %. This means that the City believes that there are available Business Equity Firms that can provide goods or services required by this bid and therefore, % of the Bidder's awarded amount must be spent with a Business Equity Firm. All requirements and regulations stated in the City's current Business Equity Ordinance #25165-10-2021 apply to this bid. Definitions are at the end of this document. Because a Business Equity Goal has been established for this bid, in order for your bid to be considered, a Bidder must satisfy one (1) of the conditions below. A. Commit to Meet or Exceed the Business Equity Goal Hire Business Equity Firm(s) to provide goods or services and spend at least the goal amount with the Business Equity Fit m(s). Step 1: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firms Form" located at the City of Fort Worth's Business Equity Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days before bid opening. Step 3: Submit the following two (2) forms: a. Utilization Plan b. Letter(s) of Intent B. Prove a Good Faith Effort Show attempt to hire Business Equity Firms to meet or exceed the goal, but was unsuccessful. This can occur in two (2) ways: 1) Bidder proposes a smaller Goal Step 1: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firms Form" located at the City of Fort Worth's Business Equity Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days before bid opening. Step 3: Submit the following three (3) forms: a. Utilization Plan b. Letter(s) of Intent c. Good Faith Effort 2) Bidder proposes a 0% Goal Step 1: Obtain a listing of Business Equity Firms by completing the "Request for Listing of Certified Firms Form" located at the City of Fort Worth's Business Equity Division website. Step 2: Request bids from Business Equity Firms to provide goods or services at least 10 calendar days befote hid opening. Step 3: If unsuccessful, submit Good Faith Effort Form. Please see Ordinance §20-370 (q) page for requirements of an acceptable Good Faith Effort. C. Prove that the Bidder Can Perform the Service and Provide all Materials on the Project as the Prime Contractor Bidder must show that the Bidder is providing all of the goods and services through their own company and that there are no goods or services provided by a third party or an affiliate. Bidder will not purchase any supplies or inventory from a third party. Step 1: Must submit Prime Contract Waiver Form D. Create a Joint Venture with a Business Equity Firm At least one or both of the firms must be a Business Equity Firm Step 1: Must submit Joint Venture Form DEADLINE TO SUBMIT REQUIRED DOCUMENTS AND FORMS Bidders must submit sealed bids to be opened at the date, time, and place stated in the solicitation for the public opening of bids. Faxed copies will not be accepted. FREQUENTLY ASKED QUESTIONS 1. If I am Business Equity Firm, can I count my performance of the bid? Answer. A Business Equity Prime Contractor can count its self -performance towards meeting the Business Equity Goal for the assigned North American Industry Classification System (NAICS) commodity codes on its Minority Business Enterprise (MBE) or Women Business Enterprise (WBE) certification. 2. What if I am a Business Equity Firm, but I am unable to self perform all work or provide all of the goods under the bid, can I count my performance under the Bid? Answer. If the Business Equity Prime cannot self -perform all of the work, it will be accountable for subcontracting with certified firms to meet the overall goal. Business Equity Firms that qualify under the "Significant Business Presence" definition may count in the Program upon approval of DVIN-BE. 3. This bid does not have a set amount that the City will purchase from the Awarded Bidder, how do I complete the form? Answers: a. For a low bid procurement, the lowest bidder shall submit a Utilization Plan no later than 2:00 PM on the third business day after bids are opened detailing all Subcontractors the Contractor intends to utilize in its performance of a Contract. Contractors that are Business Equity Firms may count their self -performed services towards meeting a Business Equity Goal. b. For a Best Value procurement, all bidders who wish to be considered for evaluation scoring shall submit a Utilization Plan by 2:00 PM on the third business day after the bids are opened detailing all Subcontractors the Contractor intends to utilize in its performance of a Contract. Contractors that are Business Equity Firms may count their self -performed services towards meeting a Business Equity Goal. c. Non-compliance. If the lowest bidder for a low bid procurement or any bidder for a Best Value procurement does not timely submit its Utilization Plan with the required documents, that bidder will be deemed Non -Responsive For a low bid procurement, the City will notify the next lowest bidder who shall then submit a Utilization Plan with required documents no later than 2 00 PM on the third business day after the bidder receives notification. This process will be followed until a bidder submitting the required documents is selected. DEFINITIONS Business Equity Firm means an Independent Firm that is a Certified minority- and/or women -owned business enterprise (M/WBE) with a Significant Business Presence in the City's Marketplace. Business Equity Goal means a calculation prepared by the DVIN-BE that includes all the following factors: the detailed cost estimate of the work to be performed, or goods purchased; the 6-county Marketplace; the availability of Business Equity Firms and non -Business Equity Firms in the Marketplace determined ona Contract -by -Contract basis; and the subcontracting/supplier opportunities of each project. Certified means those firms identified by the North American Industry Classification System (NAICS) that have been determined to be a bona fide MBE or WBE by the North Central Texas Regional Certification Agency (NCTRCA), the Dallas/Fort Worth Minority Supplier Development Council (DFW /MSDC), Women's Business Council -SW (WBCS), Texas Department of Transportation (TxDOT) or another certifying agency that the DVIN-BE may deem appropriate and accepted by the City of Fort Worth. DVIN-BE means the City's Department of Diversity and Inclusion — Business Equity Division Good Faith Efforts means the actions undertaken by a Contractor and approved by DVIN-BE as described inthe Business Equity Ordinance §20-370 (g). Joint Venture means a business entity formed by two or more independent Persons for the purpose of pursuing a common objective, such as a prime contract. The resulting business entity has additional resources and capacity, enhancing its ability to compete for larger awards. A joint venture is generally characterized by shared ownership, shared returns and risks, and shared governance. In a joint venture, the prime managing partner holds 51 % or more interest in the business. Partner(s) hold Tess than 51 interest but in most cases, not Tess than 20%. Marketplace means the geographic area as defined by the City's most current Disparity Study (i.e., Tarrant Dallas, Denton, Johnson, Parker and Wise counties). Responsive means that a Person is compliant with the requirements of the Business Equity Ordinance. Significant Business Presence means a Person (1) which has its principal place of business located inside the Marketplace; (2) which has its principal place of business located outside the Marketplace but has been verified to be in existence for a minimum of 24 months and from which at least 20% of the business's workforce is based in the Marketplace, or (3) which has cumulative business receipts greater than $1,000,000 for work done in the Marketplace since January 1, 2013. Utilization Plan means the list of Business Equity Firms that a Contractor commits will be utilized to meet the Business Equity Goal for a specific project, the scopes of the work and the dollar values or the percentages of the work to be performed. VIOLATIONS AND SANCTIONS 1. Failure to comply with the City's Business Equity Ordinance will result in the bid being considered "Non -Responsive." 2. Failure to submit the required Business Equity forms and documentation will result in the bid being considered non -responsive and a "written warning" letter that may impact the Offeror's evaluation scoring on future City bid opportunities for up to 12 months, refer to Ordinance §20-373 on VIOLATIONS AND SANCTIONS for continued offenses or failures to comply. If you have any questions, contact Department of Diversity & Inclusion, Business Equity Division Email: DVIN_BE@fortworthtexas.gov I Phone: 817-392-2674 ATTACHMENT 1A 0 a) CL (u E L ei t 'cm O N .r t 4re - O � W CU N 0) a CO i 0 LL O tea ed Business Ente Disadvant LL. w CO 0 Non -Binary >s Enter I - C c o '•� Q) Id D m �/U VJ LL cp 0 C c a) N c-a Cc co a) co > > u) 0 '�"' uJ 0 a > LU o Offeror's I Commitm m 76 l .• > 0 a) nterprise ng Urban D iuity Goal:• sing DBE Goal) JI •2 1 w .(75 n� ,.) (s Native A Wco :suss fcfr 0 W U E O Cr; W C O m co co c m 8 o U) 'C C a a) D 4 CO w - m Q V c E U) o U � 0) C n CO •- o o C C L. 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O a) a) : O 5 t- O 0 W0 ►-4 (n a) CL 0 O -Z7 •E a) > C sC L 0 E 2 ' � 0- O -o CL n O CL O O 0 0 o p o C D L o co O• N 'C a U c -0 E (6 s- o .N � Q o C 0 00 Q) n ro (a O Q C N a) O -c 0 .0 — E f N a. c (CS _C (a 2 0 >. co 4= a O0 a) O NQ. w E a) ^` W 0 L 0 w E O a) Y c 0 W 2 x O o •cn a) L -� v) 4-1 0 >, Uj COc3C a0) (0 ('3 a) a) Q) � O , n _ (13 0 E m O- U)-0 A -o- a- 4-co 0) N C `t O co Printed Signature Authorized Signature Phone Number Company Name Email Address U) d 0 0 City/State/Zip Code C 0 5 0• 0) a) c D o m C X 0 U O c -E C c3 4 • U o W N z�N E O R. t ca •@ o0 0 W 0.. FORT WORTH City of Fort Worth Business Equity (M[WBE) Specifications Prime Contractor Waiver Form ATTACHMENT 1B Page 1 of 1 OFFEROR COMPANY NAME: Check applicable block to describe Prime PROJECT NAME: NON-MWBE BID DATE City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Purchasing Division no later than 2.00 p.m , on the second City business day after bid opening, exclusive of the bid opening date, will result in the bid being considered non -responsive to bid specifications. i Will you perform this entire contract without subcontractors? If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. YES NO YES NO The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including certified M/WBE(s) on this contract, the payment thereof and any proposed changes to the original M/WBE(s) arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the M/VVBEs 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. 311312022 Business Equity Division Email: DVIN_BEOffice@fortworthtexas.gov Phone: (817) 392-2674 FORT WORTH� City of Fort Worth Business Equity Division Good Faith Effort Form ATTACHMENT 1C Page 1 of 4 PRIME/OFFEROR COMPANY NAME: Check applicable box to describe Prime/Offeror's Certification PROJECT NAME: ElBusiness Equity Firm Non -Business Equity Firm BID DATE Business Equity Goal: 0/0 Offeror's Business Equity Goal Commitment: PROJECT NUMBER If the Offeror did not meet or exceed the Business Equity Goal for this project, the Prime/Offeror must complete this form. If the Prime/Offeror's method of compliance with the Business Equity Goal is based upon demonstration of a "Good Faith Effort", the Prime/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 Prime/Offeror. Failure to complete this form, in its entirety with supporting documentation, and received by the Purchasing Division no later than 2:00 p.m. on the third City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. Exception: CFA, ICA, and CDBG projects, documents will be submitted to the City Project Manager if publicly bid or to the Developer if privately bid. 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 Business Equity firm or non -Business Equity firm. (DO NOT LIST NAMES OF FIRMS). On all projects, the Prime/Offeror must list each subcontracting and or supplier opportunity regardless of tier. • (Use additional sneers, it necessary) List of Subcontracting Opportunities List of Supplier Opportunities Effective 03115/2022 ATTACHMENT '(C Page 2 of 4 2.) Obtain a current (not more than two (2) months old from the bid open date) list of Business Equity subcontractors and/or suppliers from the City's Business Equity Division. Yes No Date of Listing 3.) Did you solicit bids from Business Equity 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 Business Equity firm, person contacted, phone number and date and time of contact.) No 4.) Did you solicit bids from Business Equity firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by fax, exclusive of the day the bids are opened? Yes (If yes, attach list to Include name of Business Equity 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 No GFE non -responsive.) 5.) Did you solicit bids from Business Equity 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 Business Equity 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" No docutnentatlon may render the GFE non -responsive.) NOTE: The three methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Prime/Offeror must document that either at least two attempts were made using two of the three methods or that at least one successful contact was made using one of the three methods in order to deemed responsive to the Good Faith Effort requirement. NOTE: The Prime/Offeror must contact the entire Business Equity list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 thru 5. i 6.) Did you provide plans and specifications to potential Business Equity firms? Yes No 7.) Did you provide the information regarding the location of plans and specifications in order to assist the Business Equity firms? Yes No Effective 03/15/2022 ATTACHMENT 1C Page 3 of 4 8.) Did you prepare a quotation for the Business Equity firms to bid on goods/services specific to their skill set? Yes (If yes, attach all copies of quotations.) No 9.) Was the contact information on any of the listings not valid? (If yes, attach the Information that was not valid in order for the Business Equity Division to address Yes the corrections needed.) No 10.) Submit documentation if Business Equity firms quotes were rejected. The documentation submitted should be in the firms forms of an affidavit, include a detailed explanation of why the Business Equity firms was rejected and any supporting documentation the Prime/Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Prime/Offeror will provide for confidential in -camera access to an inspection of any relevant documentation by City personnel. (Please use additional sheets, if necessary, and attach.) Company Name Contact Person Scope of Work Reason for Rejection Telephone ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain Business Equity firm participation on this project. The Prime/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 Prime/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. A Prime/Offeror who intentionally and/or knowingly misrepresents material facts shall be Debarred for a period of time of not Tess than three (3) years. Effective 03/15/2022 i ATTACHMENT 'IC Page 4 of 4 The undersigned certifies that the information provided and the Business Equity firms listed was/were contacted in good faith. It is understood that any Business Equity firms listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by the City's Business Equity Division. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Phone Number Address Email Address CitylState/Zip Date Business Equity Division Email: DVIN_BEOffice@fortworthtexas.gov Phone: (817) 392-2674 1 Effective 03/15/2022 t i FORT WORTH® CITY OF FORT WORTH M/WBE Joint Venture Eligibility Form All questions must be answered; use "N/A" if not applicable. • Joint Venture Page 1 of 3 Name of City project: 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: Cellular: Facsimile: E-mail address: 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 M/WBE firm name: Non-M/WBE firm name: Business Address: Business Address: City, State, Zip: City, State, Zip: Telephone Cellular Facsimile E-mail Telephone Cellular Facsimile Certification Status: Name of Certifying Agency: •lc nertot•med by the Joint venture: E-mail address Describe the scope of work of the M/WBE: Describe the scope of work of the non-M/WBE: Rev. 2/13/19 i i 1 Joint Venture Page 2 of 3 3. What is the percentage of M/WBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4. Attach a copy of the joint venture agreement. 5. List components of ownership of joint venture: (Do not complete if this in forntalion is described in joint venture agrecmen! Profit and loss sharing: Capital equipment: contributions, including 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 (to include decisions Account Payable and Receivable): Management a. Estimating decisions: b. Marketing and Sales c. Hiring and personnel Firing of management d. Purchasing and/or supplies of major equipment Supervision of field operations The City's Business Equity Division will review your joint venture submission and will have final approval of the M/WBE 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 Business Equity Division 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 Business Equity Ordinance 25165-10-2021 . i Rev. 2/13/19 1 Joint Venture Page 3 of 3 AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision -making responsibilities and payments herein. 'I'he 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 pounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts. Name of MBE film Name of non -MBE finn Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Signature of Owner Title Printed Name of Owner Signature of Owner Title Date Date State of Notarization 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 properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires (seal) Office of Business Diversity Email: mwbeoffice@fortworthtexas.gov Phone: (817) 392-2674 Rev. 2/13/19 GC-6.07 Wage Rates 2013 Prevailing Wage Rates (Heavy & Highway Construction Projects) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I,2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 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 GC-6.24 Nondiscrimination THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SANITARY SEWER EMERGENCY RESPONSE CONTRACT 2022 City Project No. 104346 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 SANITARY SEWER EMERGENCY RESPONSE CON FRACI' 2022 City Project No. 104346